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HomeMy Public PortalAbout02.16.2016 City Council Special Meeting PacketMEDIIVA SPECIAL MEETING AGENDA MEDINA CITY COUNCIL Tuesday, February 16, 2016 6:00 P.M. Medina City Hall 2052 County Road 24 I. Call to Order II. Requested Hamel Fire Department Contract Revisions III. Adj ourn Posted 2/12/2016 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: February 9, 2016 DATE OF MEETING: February 16, 2016 SUBJECT: February 16, 2016 Work Session — 6:00 PM Work Session 6:00 PM Requested Hamel Fire Department Contract Revisions Staff has worked with Mayor Mitchell and Public Safety Liaison Council Member Pederson over the past months to compile background information for City Council review on fire services in Medina. The following information has been included with the Work Session packet: 1) The current Hamel Fire Department contract from December 2013; 2) A draft redlined contract with proposed changes from Mayor Mitchell and staff; 3) The proposed contract changes from the Hamel Fire Department; 4) A memo from staff to Mayor Mitchell addressing fire related questions; 5) A summary document of the four fire contracts with Medina; 6) Fire Information Index 1 — includes documents on the fire consolidation discussion in 2015; and 7) Fire Information Index 2 — includes documents on the requested revisions to the Hamel Fire Department Contract. The final two documents under Index 2 are regarding recent box alarm changes by fire departments that serve Medina. Staff has indexed and tabbed the documents for items 6 and 7 in the black binder for easier review. Mayor Mitchell and I agreed that it was important for Council to have all of the information for this discussion. Please let me know if you have any questions regarding the information. Staff is requesting City Council discussion and direction on the Hamel Fire Department's request to revise their current agreement with the City of Medina. AGREEMENT AND CONTRACT FOR FIRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this 20th day of December, 2013 by and between the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter referred to as Hamel VFD). WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide fire protection service to Medina. WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1. Definitions Administrative Expenses - Those expenses not directly related to the provision of Hamel VFD services, building or equipment maintenance, and personnel education and training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant fees, office supplies, computer expenses, health and safety programs and labor costs associated with department administration. Annual Fire Services Capital Budget - The calendar year capital budget of Hamel VFD. The Annual Fire Services Capital Budget includes major equipment items and major repairs/rehabilitation of the Fire Station. Annual Fire Services Operating Budget - The calendar year operating budget of Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of operations including, but not limited to, the costs of the on -going operation and maintenance of the fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire Relief Association Retirement Fund. City Fire Service Area - The area within a Contracted City provided fire protection by Hamel VFD under this contract and shown in Exhibit A of this Agreement. Contracted City(ies) —Any city which is a party to this Agreement for purposes of apportioning costs of services. At the effective date hereof the Contracting City(ies) is Medina. Emergency Management Services - Functions that shall be performed by Hamel VFD as identified in the respective emergency operations plan of each Contracted City on file with the Hamel VFD. 1 Emergency Medical Services - Functions that shall be performed by Hamel VFD directed at the provision of treatment to patients, including first aid, cardiopulmonary resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced Life Support and/or transport to a hospital or other health care facility. Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director and other designated representative(s) of each Contracted City. Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at rescue, fire suppression, property conservation or special operations involving individuals, buildings or property that are involved in a fire or other emergency situation. Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire cause investigation and determination, pre -fire planning and inspection, hazard identification and elimination, public education, and other activities with the goal of proactively improving the safety of life and property. Hazardous Materials Response Services - Functions that shall be performed by Hamel VFD directed at the identification, isolation, mitigation and/or removal of hazardous materials. A hazardous material is defined as any substance that presents an unusual danger to persons due to properties of toxicity, chemical reactivity or decomposition, corrosiveness, explosion or detonation, etiological hazards or similar properties. Municipal Share - The portion of the Annual Fire Services Operating Budget that will be funded by service fees paid by the Contracted Cities. Rescue Services- Functions that shall be performed b y Hamel VFD directed at locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and preparing for transport to an appropriate health care facility. Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted Cities. 2. Services to be Rendered During the term of this Agreement, Hamel VFD shall furnish all the F ire Fighting Services, Fire Prevention Services, Emergency Management Services, Rescue Services, Emergency Medical Services, Hazardous Materials Response Services, necessary building plan reviews and related fire protection services to the Contracted Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A (hereinafter referred to as the "Total Fire Service Area"). All of said Total 2 Fire Service Area is located within the corporate limits of the Contracted Cities. 3. Level of Service A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this Agreement, including, but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of a Contracted City. In the event of two or more fire calls received within the same time frame, Hamel VFD shall respond to the call that involves a higher threat to life, safety and property. If comparable calls are received within the same time frame, the call first received shall have priority and the following calls shall be answered as soon as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. Hamel VFD will arrange for fire service and protection through mutual aid contracts as needed. B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts of a Contracted City if service is requested by a fire department having primary responsibility in that portion of the Contracted City; provided that such service shall be furnished as soon as reasonably possible, without jeopardizing Hamel VFD's service to the Total Fire Service Area. C. Hamel VFD shall regularly train all fire fighters in areas including, but not limited to, modern firefighting techniques and methods, HAZMAT response, and terrorism response which are applicable to the level of service required by this contract for a Contracted City. D. Desirable Performance and Service Measures 1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call. 2. Hamel VFD shall respond to each fire call within ten minutes of dispatch. 3. Health and Wellness (programs, selection, training) a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by Occupational Safety and Health Administration (OSHA). b. Hamel VFD shall require each fire fighter to receive a physical examination every two years. 4. The following information shall be reported to the Advisory Board: a. Quarterly Minimum Reporting: i. Quarterly Calls ii. Quarterly Complaints iii. Quarterly Budget and Expenditures b. Annual Minimum Reporting: i. Statistics of all calls ii. Pension Obligations, including annual reports iii. Response times iv. Fire Equipment Certification for State Fire Aid Payable v. Community Involvement and Outreach 3 vi. Certification of Service Areas Protected (pertaining to Hamel Fire Relief Association) vii. Balance Sheet listing all Hamel VFD Assets and Liabilities viii. Compliance against the "Minimum Position Qualifications" described in Exhibit B of this Agreement for the current Hamel VFD roster. 5. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding fire protection, fire prevention, public life safety education, fire suppression, volunteer/professional qualifications, training, professional clothing and equipment, apparatus, and hazardous materials. 6. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding the ongoing maintenance, inspection and upkeep for all equipment used in delivering the services listed in Section 2 of this Agreement. 7. Hamel VFD shall comply with all OSHA rules and regulations. 8. Hamel VFD shall use an accounting style reasonably accepted by the Contracted Cities. 9. Hamel VFD shall implement a process for the handling of complaints related to the services listed in Section 2. The process will follow the framework described in Exhibit C of this Agreement. 4. Command Responsibility Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and the emergency operations at such scene or scenes. The highest ranking official, with the highest level of certification, shall have command responsibility for medical emergencies. 5. Volunteer Fire Fighters of Hamel VFD Personnel assigned to provide fire protection services in a C o n t r acted City shall be volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, insurance, etc. for said volunteer firefighters. The cost of such obligations shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire Services Op e r at i n g Budget package. 6. Insurance and Indemnification Hamel VFD shall indemnify and hold harmless each Contracted City, their officers, agents, representatives, and employees, from and against all damages, claims, losses, costs or expenses including reasonable attorney fees, which may be asserted against a 4 Contracted City, or for which they may be held liable, arising from any act, omission, or negligence of Hamel VFD, its agents, employees and firefighters while engaged in the performance of services under this Agreement and as defined in Section 2. Hamel VFD shall maintain liability insurance for these purposes in an amount no less than $2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall annually provide a certificate of insurance to each Contracted City. The cost of such insurance shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire S e r v i c es Operating Budget. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 7. Liability Insurance Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing itself and each Contracted City as a named insured against any and all claims by Hamel VFD firefighters for personal injury sustained while performing services under this Agreement. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 8. Hamel VFD Operational Responsibility Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for managing the on -going operation and maintenance of the Hamel VFD Fire Station. This includes carrying hazard insurance on the Fire Station and its contents. The costs related to the operation of Hamel VFD, including the on -going operation and maintenance of the Fire Station, shall be included in the Annual Fire Services Operating Budget. 9. Budget Package Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire Services Operating Budget. This budget will become the official Annual Fire Services Operating Budget upon ratification by the Contracted Cities. When the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the budget without the approval of all parties to the contract except as provided in Section 13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget increase shall be limited to the average o f the most r e c e n t l y approved annual General Fund Expenditure Budget increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is approved by the Contracted Cities and Hamel VFD. The Annual Fire Services Capital Budget must be approved annually by the Contracted Cities and Hamel VFD and is not subject to any automatic average 5 annual increase. 9.1 Budget Process By June 1st of each year during which this Agreement remains in effect, Hamel VFD shall provide an Annual Fire Services Operating Budget and an Annual Fire Services Capital Budget covering the costs related to the provision of fire protection for the next year. The budgets provided to the Contracted Cities must have been presented to the Advisory Board prior to May 1st for discussion and review. Although it is expected that the operating and capital budgets, which are provided to the Contracted Cities by Hamel VFD, will have the consensus support of the Advisory Board, that is not a requirement since each Contracted City has the opportunity for final ratification or rejection. 10. Term of this Agreement This Agreement covers the initial period of January 1, 2014 through December 31, 2015. A Contract Year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracted Cities and shall be renewed automatically for successive 2-year terms unless terminated pursuant to Section 20 of the Agreement. 11. Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Annual Fire Services Operating Budget, the following will be used: Special Equipment Fund - shall refer to monies set aside for the purpose of acquiring new or refurbished equipment as needed by Hamel VFD to continue to provide the desired level of service. Special Reserve Fund - shall refer to monies set aside for the purpose of emergency repairs and replacements of equipment and supplies required by Hamel VFD to continue to provide the desired level of service. The minimum value of the Special Reserve Fund shall be established at $100,000. This amount will be reviewed annually and revised upward as determined necessary. In the event the fund balance drops below the required minimum balance, an Annual Fire Services Operating Budget line item shall be established to amortize the deficit. 12. Capital Expenditures Capital expenditures include the acquisition, refurbishment and/or upgrade of equipment and significant maintenance, repair, or rehabilitation to the fire station. 6 Equipment to be considered Major Equipment include "rolling stock" and significant equipment assets required for performing the fire department mission in the Total Fire Service Area. To qualify as Major Equipment, such assets will typically have an initial purchase value, or other costs, of at least $5,000. Station maintenance, repair or rehabilitation considered as Major Maintenance will have costs of at least $5,000. Hamel VFD shall prepare a 10-year Major Equipment investment and replacement plan, and a 1 0-year plan for Major Maintenance. These 10-year plans will be the basis for the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack of disapproval of the 10-year plans by the Contracted Cities creates any obligation for final approval or funding of any specific capital expenditure. The 10-year plans will be reviewed and updated annually through the Annual Fire Services Capital Budget approval process. The current 10-year plan will be described in Exhibit D of this Agreement. During the annual budget process provided by Section 9 of this Agreement, Hamel VFD will review the planned capital expenditures, including Major Equipment and Major Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate the acquisition method and ownership shares for each item. In addition, Hamel VFD and the Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles acquired in accordance with the provisions of this Section 12. Without regard to acquisition method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will determine the use, maintenance and upkeep for all equipment used in the provisioning of services. Ongoing operational, maintenance, insurance and administrative costs associated with Major Equipment and Major Maintenance will be incorporated into the Annual Fire Services Operating Budget. The final approval of capital expenditures is done in accordance with Section 9 of this Agreement. When a Contracted City approves the Annual Fire Services Capital Budget, it is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the "Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated and determined available and necessary by the Fire Board. All plans and specifications for major equipment or facilities shall be annually approved by the Contracted Cities Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be done in accordance with Section 17 of this Agreement. Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization of these funds will only be done in accordance with the Annual Fire Service Capital Budget. Purchases funded through the Special Equipment Fund will adhere to considerations consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of this Agreement. 7 8 Major Equipment and/or Major Maintenance funded in accordance with this section will be listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The following information shall be recorded for each item: i. Item Description ii. Original Cost iii. Purchase Date iv. Ownership Shares/Allocation 12.1. Disposition of Assets Upon Termination In the event that this Agreement is terminated as provided in Section 20 of this Agreement: 1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a single party, that party is entitled to take physical possession of that asset. For vehicles, this includes receipt of a title indicating sole ownership by that party. 2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major Asset for cash at the current market value pro-rata to the original amount funded by the Contracted City, or based on the average historical allocation by all Contracted Cities. Hamel VFD has up to thirty (30) days after the termination to exercise this right. 3. In the event Hamel VFD does not exercise its right to acquire full ownership of any Major Asset, the Contracted City with the largest ownership share shall then have the right to purchase full ownership of that Major Asset for cash at the current market value pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD. The Contracted Cities have sixty (60) days after termination to exercise this right. 4. Any Major Asset not acquired 100% by a party through this process will be sold, and the proceeds of the sale divided between the parties pro-rata to the ownership allocation from the Asset Exhibit. 5. Any cash balance remaining in the Special Equipment Fund will be distributed to each Contracted City pro-rata to the original amounts contributed All assets on the Asset Exhibit will be covered by this terminating procedure. Any other physical assets in the possession of Hamel VFD which are not listed on the Asset Exhibit will be considered the sole property of the Hamel VFD. 13. Un-Budgeted/Emergency Expenditures Un-budgeted equipment repair, maintenance or replacement, building repair, supply replacement or other emergency expenditures exceeding 2% of the Annual Fire Services Operating Budget and having a potential negative impact on the operational capabilities and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund. Notification of the use of the Special Reserve Fund will be provided to the Advisory Board within 14 days, including a detailed explanation of the need. Any subsequent reimbursement or refund associated with an un-budgeted or emergency expenditure contemplated in this section will be credited back to the Special Reserve 9 Fund. 14. Annual Audit of Actual Costs The Contracted Cities understand and agree that it is impossible to project with complete accuracy the actual costs of labor and equipment, as well as the service to be required by the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly audit to adjust the prior year's estimated cost of service as set forth above to the actual costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will tabulate the actual cost of the fire department budget for the prior contract year and will submit to the Contracted Cities a summary of the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year's Annual Fire S e ry ices Operating Budget. The Advisory Board shall recommend allocation or financing of any surplus or deficit that exists at the end of the fiscal year. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget amounts as provided in Section 13 and Section 15 of this Agreement. The Contracted Cities reserve the right to request an independent audit of Hamel VFD, at a cost to be funded by requesting Contracted City, provided the frequency is not more than biennially. 15. Non -forecasted Expenditures Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more shall be given in writing to the A d v i s o r y B o a r d prior to actual expenditures for such items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be included in the Annual Fire S e ry i c e s Operating Budget as if ratified originally. 16. Cost Sharing Formula Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter referred to as the Budget Share). The Budget Share for the initial Contracted City shall be 100% of the Municipal Share. At such time as there is more than one Contracted City, the sum of all Budget Shares shall be 100% of the Municipal Share. The determination of the Budget Share for each Contracted City will be based upon a formula which will be agreed to by all parties. 17. Contract Payments The Budget Share and the Capital Share of the Contracted Cities shall be paid in 10 equal quarterly installments on January 31, April 30, July 31 and October 31 of the next contract year by the Contracted Cities to Hamel VFD. The invoices will contain details for both elements of payment. The amounts payable by the Contracted City in 2014 are as follows: Budget Share: $ 169,400 (from the 2014 Annual Fire Services Operating Budget) Capital Share: $ 60,000 (from the 2014 Annual Fire Services Capital Budget) Hamel VFD agrees to provide the Contracted Cities with reasonably detailed information relating to the actual expenditures against the Annual Fire Services Operating Budget upon request and on a quarterly basis and agrees to make pertinent records available to the Contracted Cities for inspection for the purpose of determining the basis for the allocation of costs to fire protection. 18. Arbitration If a Contracted City is aggrieved by the determination of Hamel VFD as to the allocation of the actual costs of the prior years' service, the Contracted City may appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by Hamel VFD, one to be appointed by the appealing City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointment of either of the first two arbitrators', the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of any Contracted City, the third arbitrator to the Board. The third arbitrator selected shall not be a resident of any Contracted City, and shall be a city manager or administrator. The arbitrator's expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 19. Fire Advisory Board Role The Fire Advisory Board shall meet no less than two times per year, with regular meetings scheduled in March and July for the purpose of reviewing operational performances, setting goals and providing strategic planning. Any Contracted City or Hamel VFD may call meetings in addition to the regular meetings. This group shall discuss and make recommendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review budget updates. The Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating 11 and capital budget proposals for the next calendar year and arriving at a consensus annual Fire Services Operating Budget and Fire Services Capital Budget according to the timeframes established in Section 9.1 of this Agreement. Advisory Board members are responsible for presenting the operating and capital budgets to the City Council of their respective Contracted City for approval. The Advisory Board shall receive a complete copy of the Hamel Fire Relief Association's Pension Plan Audit as filed with the State Auditor, verifying that the pension fund's integrity is being maintained. 20. Termination of this Agreement This Agreement shall be terminable only as follows: 1. For convenience, any party may choose to terminate this Agreement for any reason provided that such termination is preceded by a minimum of a one (1) year written notice. In no event shall a party issue a termination notice earlier than December 31, 2014. 2. For cause, if a party breaches their obligations under this Agreement in a material respect and the breach is not substantially cured within a ninety (90) day cure period which begins when written notice is served. 3. By mutual written agreement of the Contracted Cities and Hamel VFD who are covered by this Agreement. 21. Provision to adjust City Fire Service Area During the term of this Agreement, a Contracted City may request that its City Fire Service Area be reduced or increased in size. Such a request of less than five percent of the City Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year. In the event that a Contracted City proposes an increase of more than five percent to its City Fire Service Area, Hamel VFD shall have the right to limit the increase to assure that coverage at the service level provided under this Agreement can be achieved by the Department. Such a request of more than five percent must be made one year prior to the desired effective date of the change. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracted City wishes to decrease and/or alter the location by less than five percent of its City Fire Service Area it may do so by specifying those changes in writing by May 1 of the year prior to the Contract Year in which such change is to be effective. In the event that a Contracted City wishes to decrease and/or alter the location by more than five percent of its City Fire Service Area, it may do so by specifying those changes in writing 3 months prior to the desired effective date of the change. 22. New Contracted Cities The Contracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted City as a party to this Agreement. Addition of a new Contracted City to this Agreement 12 requires approval from City Council of each currently Contracted City, which will not be unreasonably withheld. The Budget Share and a cost sharing formula will also be mutually agreed to by all parties. In addition, the parties will undertake actions to ensure that capital contributions made by a Contracted City prior to this event are considered when determining the capital contribution/outlay amount required by the new Contracted City to become party to this Agreement. Hamel VFD will not enter into any other agreement to provide services similar to those described in Section 2 of this Agreement without the approval of City Council from each Contracted City. 23. Legal Compliance This Agreement is governed by the laws of Minnesota. All parties to this Agreement shall comply with all applicable statutory requirements. This Contract replaces any existing contracts and agreements between the parties and is approved by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above. CITY OF MEDINA MAYOR CITY ADMINISTRATOR -CLERK HAMEL VOLUNTEER FIRE DEPARTMENT FIRE CHIEF ASSISTANT FIRE CHIEF 13 ACREEMENTAMENDED AND RESTATED CONTRACT FOR FIRE PROTECTION THIS AGREEMENTAMENDED AND RESTATED CONTRACT made and entered into this 20th day of December, 2013, effective as of January 1, 2016, by and between the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer Fire Department, a Minnesota nonprofit corporation of Hennepin County, State of Minnesota (hereinafter referred to as Hamel VFD). WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide fire protection service to Medina:; and WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD;; and WHEREAS, Hamel VFD and Medina entered into a contract for fire protection dated December 20, 2013, which contract recently automatically extended from January 1, 2016 to December 31, 2017 and this Amended and Restated Contract amends and supersedes the said December 20, 2013 contract. NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1. Definitions Administrative Expenses - Those expenses not directly related to the provision of Hamel VFD services, building or equipment maintenance, and personnel education and training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant fees, office supplies, computer expenses, health and safety programs and labor costs associated with department administration. Annual Fire Services Capital Budget - The calendar year capital budget of Hamel VFD. The Annual Fire Services Capital Budget includes major equipment items and major repairs/rehabilitation of the Fire Station. Annual Fire Services Operating Budget - The calendar year operating budget of Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of operations including, but not limited to, the costs of the on -going operation and maintenance of the fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire Relief Association Retirement Fund. City Fire Service Area - The area within a Contracted City provided fire protection by Hamel VFD under this contract and shown in Exhibit A of this Agreement. Contracted City(ies) —Any city which is a party to this Agreement for purposes of 1 473928v4-2 ME230-1A apportioning costs of services. At the effective date hereof the Contracting City(ies) is Medina. Emergency Management Services - Functions that shall be performed by Hamel VFD as identified in the respective emergency operations plan of each Contracted City on file with the Hamel VFD. Emergency Medical Services - Functions that shall be performed by Hamel VFD directed at the provision of treatment to patients, including first aid, cardiopulmonary resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced Life Support and/or transport to a hospital or other health care facility. Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director and other designated representative(s) of each Contracted City. Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at rescue, fire suppression, property conservation or special operations involving individuals, buildings or property that are involved in a fire or other emergency situation. Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire cause investigation and determination, pre -fire planning and inspection, hazard identification and elimination, public education, and other activities with the goal of proactively improving the safety of life and property. Hazardous Materials Response Services - Functions that shall be performed by Hamel VFD directed at the identification, isolation, mitigation and/or removal of hazardous materials. A hazardous material is defined as any substance that presents an unusual danger to persons due to properties of toxicity, chemical reactivity or decomposition, corrosiveness, explosion or detonation, etiological hazards or similar properties. Municipal Share - The portion of the Annual Fire Services Operating Budget that will be funded by service fees paid by the Contracted Cities. Rescue Services- Functions that shall be performed by Hamel VFD directed at locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and preparing for transport to an appropriate health care facility. Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted Cities. 2. Services to be Rendered 2 473928v4-2 ME230-1A During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting Services, Fire Prevention Services, Emergency Management Services, Rescue Services, Emergency Medical Services, Hazardous Materials Response Services, necessary building plan reviews and related fire protection services to the Contracted Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A (hereinafter referred to as the "Total Fire Service Area"). All of said Total Fire Service Area is located within the corporate limits of the Contracted Cities. 3. Level of Service A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this Agreement, including, but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of a Contracted City. In the event of two or more fire calls received within the same time frame, Hamel VFD shall respond to the call that involves a higher threat to life, safety and property. If comparable calls are received within the same time frame, the call first received shall have priority and the following calls shall be answered as soon as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. Hamel VFD will arrange for fire service and protection through mutual aid contracts as needed. B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts of a Contracted City if service is requested by a fire department having primary responsibility in that portion of the Contracted City; provided that such service shall be furnished as soon as reasonably possible, without jeopardizing Hamel VFD's service to the Total Fire Service Area. C. Hamel VFD shall regularly train all fire fighters in areas including, but not limited to, modern firefighting techniques and methods, HAZMAT response, and terrorism response which are applicable to the level of service required by this contract for a Contracted City. D. Desirable Performance and Service Measures 1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call. 2. Hamel VFD shall respond to each fire call within ten minutes of dispatch. 3. Health and Wellness (programs, selection, training). a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by Occupational Safety and Health Administration (OSHA). b. Hamel VFD shall require each fire fighter to receive a physical examination every two years. 4. The following information shall be reported to the Advisory Board: a. Quarterly Minimum Reporting: i. Quarterly Calls ii. Quarterly Complaints 3 473928v4-2 ME230-1A iii. Quarterly Budget and Expenditures b. Annual Minimum Reporting: i. Statistics of all calls ii. Pension Obligations, including annual reports iii. Response times iv. Fire Equipment Certification for State Fire Aid Payable v. Community Involvement and Outreach vi. Certification of Service Areas Protected (pertaining to Hamel Fire Relief Association) vii. Balance Sheet listing all Hamel VFD Assets and Liabilities viii. Compliance against the "Minimum Position Qualifications" described in Exhibit B of this Agreement for the current Hamel VFD roster. 5. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding fire protection, fire prevention, public life safety education, fire suppression, volunteer/professional qualifications, training, professional clothing and equipment, apparatus, and hazardous materials. 6. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding the ongoing maintenance, inspection and upkeep for all equipment used in delivering the services listed in Section 2 of this Agreement. 7. Hamel VFD shall comply with all OSHA rules and regulations. 8. Hamel VFD shall use an accounting style reasonably accepted by the Contracted Cities. 9. Hamel VFD shall implement a process for the handling of complaints related to the services listed in Section 2. The process will follow the framework described in Exhibit C of this Agreement. 4. Command Responsibility Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and the emergency operations at such scene or scenes. The highest ranking official, with the highest level of certification, shall have command responsibility for medical emergencies. 5. Volunteer Fire Fighters of Hamel VFD Personnel assigned to provide fire protection services in a Contracted City shall be volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, 4 473928v4-2 ME230-1A insurance, etc. for said volunteer firefighters. The cost of such obligations shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire Services Operating Budget package. 6. Insurance and Indemnification Hamel VFD shall indemnify and hold harmless each Contracted City, their officers, agents, representatives, and employees, from and against all damages, claims, losses, costs or expenses including reasonable attorney fees, which may be asserted against a Contracted City, or for which they may be held liable, arising from any act, omission, or negligence of Hamel VFD, its agents, employees and firefighters while engaged in the performance of services under this Agreement and as defined in Section 2. Hamel VFD shall maintain liability insurance for these purposes in an amount no less than $2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall annually provide a certificate of insurance to each Contracted City. The cost of such insurance shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire Services Operating Budget. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. For the purposes of determining total liability, all parties to this Contract shall be considered a single governmental unit and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, section 466.04. 7. Liability Insurance Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing itself and each Contracted City as a named insured against any and all claims by Hamel VFD firefighters for personal injury sustained while performing services under this Agreement. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. For the purposes of determining total liability, all parties to this Contract shall be considered a single governmental unit and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, section 466.04. 8. Hamel VFD Operational Responsibility Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for managing the on -going operation and maintenance of the Hamel VFD Fire Station. This includes carrying hazard insurance on the Fire Station and its contents. The costs related to the operation of Hamel VFD, including the on -going operation and maintenance of the Fire Station, shall be included in the Annual Fire Services Operating Budget. 5 473928v4-2 ME230-1A 9. Budget Package Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire Services Operating Budget. This budget will become the official Annual Fire Services Operating Budget upon ratification by the Contracted Cities. When the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the budget without the approval of all parties to the contract except as provided in Section 13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget increase shall be limited to the average of the most recently approved annual General Fund Expenditure Budget increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is approved by the Contracted Cities and Hamel VFD. The Annual Fire Services Capital Budget must be approved annually by the Contracted Cities and Hamel VFD and is not subject to any automatic average annual increase. 9.1 Budget Process By June 1st of each year during which this Agreement remains in effect, Hamel VFD shall provide an Annual Fire Services Operating Budget and an Annual Fire Services Capital Budget covering the costs related to the provision of fire protection for the next year. The budgets provided to the Contracted Cities must have been presented to the Advisory Board prior to May 1st for discussion and review. Although it is expected that the operating and capital budgets, which are provided to the Contracted Cities by Hamel VFD, will have the consensus support of the Advisory Board, that is not a requirement since each Contracted City has the opportunity for final ratification or rejection. 10. Term of this Agreement This Agreement covers the initial period of January 1, 20442016 through December 31, 2015.2020. A Contract Year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracted Cities and shall be renewed automatically for successive 2-year terms unless terminated pursuant to Section 20 of the Agreement. 11. Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Annual Fire Services Operating Budget, the following will be used: 6 473928v4-2 ME230-1A Special Equipment Fund - shall refer to monies set aside for the purpose of acquiring new or refurbished equipment as needed by Hamel VFD to continue to provide the desired level of service. Special Reserve Fund - shall refer to monies set aside for the purpose of emergency repairs and replacements of equipment and supplies required by Hamel VFD to continue to provide the desired level of service. The minimum value of the Special Reserve Fund shall be established at $100,000. This amount will be reviewed annually and revised upward as determined necessary. In the event the fund balance drops below the required minimum balance, an Annual Fire Services Operating Budget line item shall be established to amortize the deficit. 12. Capital Expenditures Capital expenditures include the acquisition, refurbishment and/or upgrade of equipment and significant maintenance, repair, or rehabilitation to the fire station. Equipment to be considered Major Equipment include "rolling stock" and significant equipment assets required for performing the fire department mission in the Total Fire Service Area. To qualify as Major Equipment, such assets will typically have an initial purchase value, or other costs, of at least $5,000. Station maintenance, repair or rehabilitation considered as Major Maintenance will have costs of at least $5,000. Hamel VFD shall prepare a 10-year Major Equipment investment and replacement plan, and a 1 0-year plan for Major Maintenance. These 10-year plans will be the basis for the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack of disapproval of the 10-year plans by the Contracted Cities creates any obligation for final approval or funding of any specific capital expenditure. The 10-year plans will be reviewed and updated annually through the Annual Fire Services Capital Budget approval process. The current 10-year plan will be described in Exhibit D of this Agreement. During the annual budget process provided by Section 9 of this Agreement, Hamel VFD will review the planned capital expenditures, including Major Equipment and Major Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate the acquisition method and ownership shares for each item. In addition, Hamel VFD and the Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles acquired in accordance with the provisions of this Section 12. Without regard to acquisition method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will determine the use, maintenance and upkeep for all equipment used in the provisioning of services. Ongoing operational, maintenance, insurance and administrative costs associated with Major Equipment and Major Maintenance will be incorporated into the Annual Fire Services Operating Budget. 7 473928v4-2 ME230-1A The final approval of capital expenditures is done in accordance with Section 9 of this Agreement. When a Contracted City approves the Annual Fire Services Capital Budget, it is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the "Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated and determined available and necessary by the Fire Board. All plans and specifications for major equipment or facilities shall be annually approved by the Contracted Cities Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be done in accordance with Section 17 of this Agreement. Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization of these funds will only be done in accordance with the Annual Fire Service Capital Budget. Purchases funded through the Special Equipment Fund will adhere to considerations consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of this Agreement. Major Equipment and/or Major Maintenance funded in accordance with this section will be listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The following information shall be recorded for each item: i. Item Description ii. Original Cost Purchase Date iv. Ownership Shares/Allocation 12.1. Disposition of Assets Upon Termination In the event that this Agreement is terminated as provided in Section 20 of this Agreement: 1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a single party, that party is entitled to take physical possession of that asset. For vehicles, this includes receipt of a title indicating sole ownership by that party. 2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major Asset for cash at the current market value pro-rata to the original amount funded by the Contracted City, or based on the average historical allocation by all Contracted Cities. Hamel VFD has up to thirty (30) days after the termination to exercise this right. 3. In the event Hamel VFD does not exercise its right to acquire full ownership of any Major Asset, the Contracted City with the largest ownership share shall then have the right to purchase full ownership of that Major Asset for cash at the current market value pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD. The Contracted Cities have sixty (60) days after termination to exercise this right. 4. Any Major Asset not acquired 100% by a party through this process will be sold, and the proceeds of the sale divided between the parties pro-rata to the ownership allocation from the Asset Exhibit. 8 473928v4-2 ME230-1A 5. Any cash balance remaining in the Special Equipment Fund will be distributed to each Contracted City pro-rata to the original amounts contributed. All assets on the Asset Exhibit will be covered by this terminating procedure. Any other physical assets in the possession of Hamel VFD which are not listed on the Asset Exhibit will be considered the sole property of the Hamel VFD. 13. Un-Budgeted/Emergency Expenditures Un-budgeted equipment repair, maintenance or replacement, building repair, supply replacement or other emergency expenditures exceeding 2% of the Annual Fire Services Operating Budget and having a potential negative impact on the operational capabilities and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund. Notification of the use of the Special Reserve Fund will be provided to the Advisory Board within 14 days, including a detailed explanation of the need. Any subsequent reimbursement or refund associated with an un-budgeted or emergency expenditure contemplated in this section will be credited back to the Special Reserve Fund. 14. Annual Audit of Actual Costs The Contracted Cities understand and agree that it is impossible to project with complete accuracy the actual costs of labor and equipment, as well as the service to be required by the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly audit to adjust the prior year's estimated cost of service as set forth above to the actual costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will tabulate the actual cost of the fire department budget for the prior contract year and will submit to the Contracted Cities a summary of the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year's Annual Fire Services Operating Budget. The Advisory Board shall recommend allocation or financing of any surplus or deficit that exists at the end of the fiscal year. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget amounts as provided in Section 13 and Section 15 of this Agreement. The Contracted Cities reserve the right to request an independent audit of Hamel VFD, at a cost to be funded by requesting Contracted City, provided the frequency is not more than biennially. 15. Non -forecasted Expenditures Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more shall be given in writing to the Advisory Board prior to actual expenditures for such items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost 9 473928v4-2 ME230-1A thereof shall be included in the Annual Fire Services Operating Budget as if ratified originally. 16. Cost Sharing Formula Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter referred to as the Budget Share). The Budget Share for the initial Contracted City shall be 100% of the Municipal Share. At such time as there is more than one Contracted City, the sum of all Budget Shares shall be 100% of the Municipal Share. The determination of the Budget Share for each Contracted City will be based upon a formula which will be agreed to by all parties. 17. Contract Payments The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal quarterly installments on January 31, April 30, July 31 and October 31 of the next contract year by the Contracted Cities to Hamel VFD. The invoices will contain details for both elements of payment. The amounts payable by the Contracted City in 2-0442016 are as follows: Budget Share: $169,400202,215 (from the 2-0442016 Annual Fire Services Operating Budget) Capital Share: $ 60700070,000 (from the 2-04-42016 Annual Fire Services Capital Budget) Hamel VFD agrees to provide the Contracted Cities with reasonably detailed information relating to the actual expenditures against the Annual Fire Services Operating Budget upon request and on a quarterly basis and agrees to make pertinent records available to the Contracted Cities for inspection for the purpose of determining the basis for the allocation of costs to fire protection. 18. Arbitration If a Contracted City is aggrieved by the determination of Hamel VFD as to the allocation of the actual costs of the prior years' service, the Contracted City may appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by Hamel VFD, one to be appointed by the appealing City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointment of either of the first two arbitrators', the Chief Judge of the District Court 10 473928v4-2 ME230-1A of Hennepin County shall have jurisdiction to appoint, upon application of any Contracted City, the third arbitrator to the Board. The third arbitrator selected shall not be a resident of any Contracted City, and shall be a city manager or administrator. The arbitrator's expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 19. Fire Advisory Board Role The Fire Advisory Board shall meet no less than two times per year, with regular meetings scheduled in March and July for the purpose of reviewing operational performances, setting goals and providing strategic planning Any Contracted City or Hamel VFD may call meetings in addition to the regular meetings. This group shall discuss and make recommendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review budget updates. The Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating and capital budget proposals for the next calendar year and arriving at a consensus annual Fire Services Operating Budget and Fire Services Capital Budget according to the timeframes established in Section 9.1 of this Agreement. City Advisory Board members are responsible for presenting the operating and capital budgets to the City Council of their respective Contracted City for approval. The Advisory Board shall receive a complete copy of the Hamel Fire Relief Association's Pension Plan Audit as filed with the State Auditor, verifying that the pension fund's integrity is being maintained. 20. Termination of this Agreement This Agreement shall be terminable only as follows: 1. For convenience, any party may choose to terminate this Agreement for any reason provided that such termination is preceded by a minimum of a one (1) year written notice. In no event shall a party issue a termination notice earlier than December 31, 2014.2016. 2. For cause, if a party breaches their obligations under this Agreement in a material respect and the breach is not substantially cured within a ninety (90) day cure period which begins when written notice is served 3. By mutual written agreement of the Contracted Cities and Hamel VFD who are covered by this Agreement. 21. Provision to adjust City Fire Service Area During the term of this Agreement, a Contracted City may request that its City Fire 11 473928v4-2 ME230-1A Service Area be reduced or increased in size. Such a request of less than five percent of the City Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year. In the event that a Contracted City proposes an increase of more than five percent to its City Fire Service Area, Hamel VFD shall have the right to limit the increase to assure that coverage at the service level provided under this Agreement can be achieved by the Department. Such a request of more than five percent must be made one year prior to the desired effective date of the change. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracted City wishes to decrease and/or alter the location by less than five percent of its City Fire Service Area it may do so by specifying those changes in writing by May 1 of the year prior to the Contract Year in which such change is to be effective. In the event that a Contracted City wishes to decrease and/or alter the location by more than five percent of its City Fire Service Area, it may do so by specifying those changes in writing 3 months prior to the desired effective date of the change. 22. New Contracted Cities The Contracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted City as a party to this Agreement. Addition of a new Contracted City to this Agreement requires approval from City Council of each currently Contracted City, which will not be unreasonably withheld. The Budget Share and a cost sharing formula will also be mutually agreed to by all parties. In addition, the parties will undertake actions to ensure that capital contributions made by a Contracted City prior to this event are considered when determining the capital contribution/outlay amount required by the new Contracted City to become party to this Agreement. Hamel VFD will not enter into any other agreement to provide services similar to those described in Section 2 of this Agreement without the approval of City Council from each Contracted City. 23. Legal Compliance This Agreement is governed by the laws of Minnesota. All parties to this Agreement shall comply with all applicable statutory requirements. This Contract replaces any existing contracts and agreements between the parties and is approved by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above.effective on January 1, 2016. 12 473928v4-2 ME230-1A CITY OF MEDINA MAYOR CITY ADMINISTRATOR -CLERK HAMEL VOLUNTEER FIRE DEPARTMENT FIRE CHIEF ASSISTANT FIRE CHIEF 13 473928v4-2 ME230-1A ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT A: CITY FIRE SERVCIE AREA Version: !December 4, 2013 0000 a D O = F IL o r a 6 r r a r o Exhibit A: City Fire Service Area Page 1 473928v2 ME230-1A ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT B: MINIMUM POSITION QUALIFICATIONS version: December 9, 2013 Probationary Firefighters I ✓ GFD ✓ Background Check ✓ Successful Interview Process Probationary Firefighters II ✓ Probationary Firefighter I plus ... ✓ Firefighter I & Hazmat Operations Firefighters ✓ Probationary Firefighter II plus ... ✓ Firefighter 1T ✓ First Responder Certified Drivers/Engineers ✓ Probationary Firefighter II plus ... ✓ Completion of Department Driver Qualification Program ✓ Completion of Department Pump Operator Program Fire Lieutenants/Captains ✓ Firefighter plus ... ✓ NIMS 100 & 200 ✓ Blue Card On -Line Certification Program Fire Chiefs ✓ Fire Lieutenant/Captains plus ... ✓ NIMS 700 ✓ ICS 300 & 400 or MN State equivalent (for Fire Chief only) NOTE: Qualifications based on current versions of Hamel VFD job descriptions Exhibit ®: Minimum Position Qualifications Page 1 473928v2 ME230-1A ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT C. COMPLAINT PROCESS FRAMEWORK Version: December to, 2013 1. Hamel VFD well implement a process to receive and investigate complaints against the Department andlor its personnel related to the delivery of the services listed in Section 2 of the Agreement 2. The scope of the policy will include the receipt, recording, investigation and disposition of a complaint against the Department. 3. Anyone who is not a member of Hamel V FD may file a complaint by contacting the Fire Chief The Fire Chief will make a determination regarding the need for a formal investigation. 4. For complaints not warranting a formal investigation, the complainant will be notified of the decision and the basis for it. 5. For complaints warranting a formal investigation: A. The Fire Chief, at their discretion, may delegate investigation responsibility. B. Upon completion of the investigation, the Fire Chief will review the investigation results and determine what, if any, corrective actions, procedure changes, response protocols, etc. need to be taken. While the Fire Chief may seek input from other parties regarding the complaint or its investigation, any corrective actions will be decided on solely by the Fire Chief and, as appropriate, Hamel VFD's Board of Directors. C. Upon conclusion of the investigation, the complainant will be provided with an appropriate summary of the investigation results and corrective actions. No personnel related actions contemplated or taken as a result of the investigation will be shared outside the Department. 5. All complaints, even those not formally investigated, will be recorded. As prescribed in Section 3 of the Agreement, Hamel VFD will provide reporting of complaints to the Contracted Cities on both a quarterly and annual basis.. Exhibit C: Complaint Process Framework Page 1 473928v2 ME230-1A COS CS COO'S 5 E1 $ OOO'S $ [033'S $ 303Z E'ZEIZ �ZiOZ TZQT OZOZ 000'S $ 610Z OCO'S9S $ COO OS $ 6[OZ LUX Z aSed ueld 1eiIde3 3eakin :p 11q!gx3 O05'LT $ f SIV10.135104311041WINNa ►TOZ cOa C$ $ 910Z Om'tri1 S - OT _ COO'OSS 1009 tPIO - - _ T 000'OT$ 10e11-1!e0ay uwdV :2P111 - i - T OW'SrS Va9l1leas-31.3ad / Pis-i13Gal3:SPla 000'01 COOVZ GG06'Od 000'Oi �S 520Za OOO1pOT$ mono luau+ s1 au19333 4 Mniatl S9S'LP !•- S95'a 000'ST T LIM 3 - 0:0'Sl$ OOO'STS R 59S`t 59S'L9 _ S9S"Ltr 59S'LP S95'Ltr v Sf yiOZ _ 3 000'OSSS 0:E} SS 1330 5NlVralgeUod - la1lueipaCwnd - 0ZE43, ON I, -- Mir OOO'OT OZE'► OOObi _ T 910Z 3 000'OT$ 000'1liS wilt mldaM brew REV T LIM 3 oaool$ 000IOIS I}Iavaay allesOlS Sly sse.30 _. NE'9 L99'IZ L9rTZ L99'TZ 5 E Lice 910Z 3 3 000`OtS 000S9j O0013ZS 000'995 3 aivaaepday aPl4aA pueuab3 6[9'6 6L9'6 6L9'6 _ 1991 6L9'6 Z99'2 400.13a1/11yeWaaOTTA311191. 0002 _ T STOZ 3 000'E$ 0011'ES 01100400 - - 6L9'6 5.. 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Generally, the following thresholds will apply: 1. For purchases over $i 00,000 — sealed bids, solicited by public notice and subject to any particular specific requirements relate to a Contracted City as jointly agreed to by the parties. 2. For purchases between S25,000 to S 100,000 — sealed bids or direct negotiation, with two or more quotations whenever possible. 3. For purchases of $25,000 or less — open market or quotations — if done by quotation, more than one quotation will be pursued when practicable. Hamel VFD retains the sole responsibility selecting the supplier, vendor or manufacturer regardless of which of the above considerations was employed. If sealed bids were solicited, Hamel VFD will document rationale for the selection which will be fled with the bid and specifications as outlined below in this Exhibit E. "through a Contracted City, Hamel VFD may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture. For purchases over $25,000, Hamel VFD will consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source_ At Hamel VFD's discretion, when reasonable and practicable, specifications for sealed bids will be written so as not to be exclusive of certain manufacturers or equipment types. If sealed bids are solicited, the request should be published at least once in the official City newspaper with notice published at least ten days in advance of the last date for submission of bids. No member of the City Council shall be directly or indirectly interested in any contract made by Hamel VFD Specifications for purchases over S100,000 will include a requirement for a performance and/or payment bond when reasonable and practicable. Bids and quotations should be kept on file for at least a year after receipt. Exhibit E: Capital Purchasing Provisions Page 1 473928v2 ME230-1A ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT F: ASSETS Version: December 9, 2013 Ownership Shares/Allocation Hamel VFD Medina Equipment Description Acquisition Original Date Cost ($k) 1984 Ford (Engine E-12) Initial & refurb 1985 157 6% 94% 2006 Spartan (Engine E-11) 2006 341 27% 73% 2007 Pierce (TankerT-11) 2007 179 23% _ 77% 2008 Ford (Grass Rig G-11) 2008 79 23% 77% Exhibit F: Assets Page 1 473928v2 ME230-1A Document comparison by Workshare Compare on Friday, January 22, 2016 3:14:15 PM Input: Document 1 ID Powerpocs://DOCSOPEN/473928/1 Description DOCSOPEN-#473928-v1- Amended & Restated Contract for Fire Protection Document 2 ID Powerpocs://DOCSOPEN/473928/2 Description DOCSOPEN-#473928-v2- Amended & Restated Contract for Fire Protection Rendering set Standard Legend: Insertion Deletion M Ve +,-, l Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 29 Deletions 15 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 44 AGREEMENT AND CONTRACT FOR FIRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this 249tlt day of December, 2013 2015 by and between the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter referred to as Hamel VFD). WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide fire protection service to Medina. WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1. Definitions Administrative Expenses - Those expenses not directly related to the provision of Hamel VFD services, building or equipment maintenance, and personnel education and training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant fees, office supplies, computer expenses, health and safety programs and labor costs associated with department administration. Annual Fire Services Capital Budget - The calendar year capital budget of Hamel VFD. The Annual Fire Services Capital Budget includes major equipment items and major repairs/rehabilitation of the Fire Station. Annual Fire Services Operating Budget - The calendar year operating budget of Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of operations including, but not limited to, the costs of the on -going operation and maintenance of the fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire Relief Association Retirement Fund. City Fire Service Area - The area within a Contracted City provided fire protection by Hamel VFD under this contract and shown in Exhibit A of this Agreement. Contracted City(ies) —Any city which is a party to this Agreement for purposes of apportioning costs of services. At the effective date hereof the Contracting City(ies) is Medina. Emergency Management Services - Functions that shall be performed by Hamel VFD as identified in the respective emergency operations plan of each Contracted City on file with the Hamel VFD. 1 Emergency Medical Services - Functions that shall be performed by Hamel VFD directed at the provision of treatment to patients, including first aid, cardiopulmonary resuscitation. First Responder and Basic Life Support prior to the arrival of Advanced Life Support and/or transport to a hospital or other health care facility. Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director and other designated representative(s) of each Contracted City. Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at rescue, fire suppression, property conservation or special operations involving individuals. buildings or property that are involved in a fire or other emergency situation. Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire cause investigation and determination, pre -fire planning and inspection, hazard identification and elimination.. public education, and other activities with the goal of proactively improving the safety of life and property. Hazardous Materials Response Services - Functions that shall be performed by Hamel VFD directed at the identification, isolation, mitigation and/or removal of hazardous materials. A hazardous material is defined as any substance that presents an unusual danger to persons due to properties of toxicity, chemical reactivity or decomposition, corrosiveness, explosion or detonation, etiological hazards or similar properties. Municipal Share - The portion of the Annual Fire Services Operating Budget that will be funded by service fees paid by the Contracted Cities.ln no event will the Municipal Share be reduced or minimized by the application of donations, fund raising or any other source of funding undertaken or „9,ovided by the Hamel VFD or any of its affiliates. Rescue Services Functions t`ha"f shall be performedby Hamel VFD directed at locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and preparing for transport to an appropriate health care facility. Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted Cities. 2. Services to be Rendered During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting Services, Fire Prevention Services, Emergency Management Services, Rescue Services, Emergency Medical Services, Hazardous Materials Response Services, necessary building plan reviews and related fire protection services to the Contracted Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A 2 (hereinafter referred to as the " Total Fire Service Area"). All of said Total Fire Service Area is located within the corporate limits of the Contracted Cities. 3. Level of Service A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this Agreement, including, but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of a Contracted City. In the event of two or more fire calls received within the same time frame, Hamel VFD shall respond to the call that involves a higher threat to life, safety and property. if comparable calls are received within the same time frame, the call first received shall have priority and the following calls shall be answered as soon as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. Hamel VFD will arrange for fire service and protection through mutual aid contracts as needed. B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts of a Contracted City if service is requested by a fire department having primary responsibility in that portion of the Contracted City; provided that such service shall be furnished as soon as reasonably possible, without jeopardizing Hamel VFD's service to the Total Fire Service Area. C. Hamel VFD shall regularly train all fire fighters in areas including, but not limited to, modern firefighting techniques and methods, HAZMAT response, and terrorism response which are applicable to the level of service required by this contract for a Contracted City. D. Desirable Performance and Service Measures 1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call. 2. Hamel VFD shall respond to each fire call within ten minutes of dispatch. 3. Health and Wellness (programs, selection, training) a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by Occupational Safety and Health Administration (OSHA). b. Hamel VFD shall require each fire fighter to receive a physical examination every two years. 4. The following information shall be reported to the Advisory Board: a. Quarterly Minimum Reporting: i. Quarterly Calls ii. Quarterly Complaints iii. Quarterly Budget and Expenditures b. Annual Minimum Reporting: i. Statistics of all calls ii. Pension Obligations, including annual reports iii. Response times iv. Fire Equipment Certification for State Fire Aid Payable 3 v. Community Involvement and Outreach vi. Certification of Service Areas Protected (pertaining to Hamel Fire Relief Association) vii. Balance Sheet listing all Hamel VFD Assets and Liabilities viii. Compliance against the "Minimum Position Qualifications" described in Exhibit B of this Agreement for the current Hamel VFD roster. 5. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding fire protection, fire prevention, public life safety education, fire suppression, volunteer/professional qualifications, training, professional clothing and equipment, apparatus, and hazardous materials. 6. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding the ongoing maintenance, inspection and upkeep for all equipment used in delivering the services listed in Section 2 of this Agreement. 7. Hamel VFD shall comply with all OSHA rules and regulations. 8. Hamel VFD shall use an accounting style reasonably accepted by the Contracted Cities. 9. Hamel VFD shall implement a process for the handling of complaints related to the services listed in Section 2. The process will follow the framework described in Exhibit C of this Agreement. 4. Command Responsibility Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and the emergency operations at such scene or scenes. The highest ranking official, with the highest level of certification, shall have command responsibility for medical emergencies. 5. Volunteer Fire Fighters of Hamel VFD Personnel assigned to provide fire protection services in a Contracted City shall be volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, insurance, etc. for said volunteer firefighters. The cost of such obligations shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire Services Operating Budget package. 6. Insurance and Indemnification Hamel VFD shall indemnify and hold harmless each Contracted City, their officers, agents, representatives, and employees, from and against all damages, claims, losses, costs or expenses including reasonable attorney fees, which may be asserted against a 4 Contracted City, or for which they may be held liable, arising from any act, omission, or negligence of Hamel VFD, its agents, employees and firefighters while engaged in the performance of services under this Agreement and as defined in Section 2. Hamel VFD shall maintain liability insurance for these purposes in an amount no less than $2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall annually provide a certificate of insurance to each Contracted City. The cost of such insurance shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual F ire S ervi c es Operating Budget. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 7. Liability Insurance Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing itself and each Contracted City as a named insured against any and all claims by Hamel VFD firefighters for personal injury sustained while performing services under this Agreement. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 8. Hamel VFD Operational Responsibility Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for managing the on -going operation and maintenance of the Hamel VFD Fire Station. This includes carrying hazard insurance on the Fire Station and its contents. The costs related to the operation of Hamel VFD, including the on -going operation and maintenance of the Fire Station, shall be included in the Annual Fire Services Operating Budget. 9. Budget Package Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire Services Operating Budget. This budget will become the official Annual Fire Services Operating Budget upon ratification by the Contracted Cities. When the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the budget without the approval of all parties to the contract except as provided in Section 13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget increase shall be limited to the average of the most recently approved annual General Fund Expenditure Budget increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is approved by the Contracted Cities and Hamel VFD. The Annual Fire Services Capital Budget must be approved annually by the Contracted Cities and Hamel VFD and is not subject to any automatic average annual increase. 5 9.1 Budget Process By June 1st of each year during which this Agreement remains in effect, Hamel VFD shall provide an Annual Fire Services Operating Budget and an Annual Fire Services Capital Budget covering the costs related to the provision of fire protection for the next year. The budgets provided to the Contracted Cities must have been presented to the Advisory Board prior to May 1st for discussion and review. Although it is expected that the operating and capital budgets, which are provided to the Contracted Cities by Hamel VFD, will have the consensus support of the Advisory Board, that is not a requirement since each Contracted City has the opportunity for final ratification or 10. Term of this Agreement This Agreement covers the initial periot}—flaniiary 1, 20164 through December 31, 202015. A Contract Year covers the period January 1 through December 31 of a calendar A v.J�cw - . - This Agreement will become effective upon ratification by the Contracted Cities and shall be renewed automatically for successive 2-year terms unless terminated pursuant to Section 20 of the Agreement. 11, Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Annual Fire Services Operating Budget, the following will be used: Special Equipment Fund - shall refer to monies set aside for the purpose of acquiring new or refurbished equipment as needed by Hamel VFD to continue to provide the desired level of service. Special Reserve Fund - shall refer to monies set aside for the purpose of emergency repairs and replacements of equipment and supplies required by Hamel VFD to continue to provide the desired level of service. The minimum value of the Special Reserve Fund shall be established at $100,000. This amount will be reviewed annually and revised upward as determined necessary. In the event the fund balance drops below the required minimum balance, an Annual Fire Services Operating Budget line item shall be established to amortize the deficit. 12. Capital Expenditures Capital expenditures include the acquisition, refurbishment and/or upgrade of equipment and significant maintenance, repair, or rehabilitation to the fire station. 6 Equipment to be considered. Major Equipment include "rolling stock" and significant equipment assets required for performing the fire department mission in the Total Fire Service Area. To qualify as Major Equipment, such assets will typically have an initial purchase value, or other costs, of at least $5,000. Station maintenance, repair or rehabilitation considered as Major Maintenance will have costs of at least $5,000. Hamel VFD shall prepare a 10-year Major Equipment investment and replacement plan, and a 10-year plan for Major Maintenance. These l 0-year plans will be the basis for the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack of disapproval of the 10-year plans by the Contracted Cities creates any obligation for final approval or funding of any specific capital expenditure. The 10-year plans will be reviewed and updated annually through the Annual Fire Services Capital Budget approval process. The current 10-year plan will be described in Exhibit D of this Agreement. During the annual budget process provided by Section 9 of this Agreement, Hamel VFD will review the planned capital expenditures, including Major Equipment and Major Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate the acquisition method and ownership shares for each item. In addition, Hamel VFD and the Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles acquired in accordance with the provisions of this Section 12. Without regard to acquisition method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will determine the use, maintenance and upkeep for all equipment used in the provisioning of services. Ongoing operational, maintenance, insurance and administrative costs associated with Major Equipment and Major Maintenance will be incorporated into the Annual Fire Services Operating Budget. The final approval of capital expenditures is done in accordance with Section 9 of this Agreement. When a Contracted City approves the Annual Fire Services Capital Budget, it is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the "Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated and determined available and necessary by the Fire Board. All plans and specifications for major equipment or facilities shall be annually approved by the Contracted Cities Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be done in accordance with Section 17 of this Agreement. Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization of these funds will only be done in accordance with the Annual Fire Service Capital Budget. Purchases funded through the Special Equipment Fund will adhere to considerations consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of this Agreement. 7 Major Equipment and/or Major Maintenance funded in accordance with this section will be listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The following information shall be recorded for each item: i. Item Description ii. Original Cost iii. Purchase Date iv. Ownership Shares/Allocation 12.1. Disposition of Assets Upon Termination In the event that this Agreement is terminated as provided in Section 20 of this Agreement: 1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a single party, that party is entitled to take physical possession of that asset. For vehicles. this includes receipt of a title indicating sole ownership by that party. 2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major Asset for cash at the current market value pro-rata to the original amount funded by the Contracted City, or based on the average historical allocation by all Contracted Cities. Hamel VFD has up to thirty (30) days after the termination to exercise this right. 3. In the event Hamel VFD does not exercise its right to acquire full ownership of any Major Asset, the Contracted City with the largest ownership share shall then have the right to purchase full ownership of that Major Asset for cash at the current market value pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD. The Contracted Cities have sixty (60) days after termination to exercise this right. 4. Any Major Asset not acquired 100% by a party through this process will be sold, and the proceeds ofthe sale divided between the parties pro-rata to the ownership allocation from the Asset Exhibit. 5. Any cash balance remaining in the Special Equipment Fund will be distributed to each Contracted City pro-rata to the original amounts contributed. All assets on the Asset Exhibit will be covered by this terminating procedure. Any other physical assets in the possession of Hamel VFD which are not listed on the Asset Exhibit will be considered the sole property of the Hamel VFD. 13. Un-Budgeted/Emergency Expenditures Un-budgeted equipment repair, maintenance or replacement, building repair, supply replacement or other emergency expenditures exceeding 2% of the Annual Fire Services Operating Budget and having a potential negative impact on the operational capabilities and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund. Notification of the use of the Special Reserve Fund will be provided to the Advisory Board within 14 days, including a detailed explanation of the need. Any subsequent reimbursement or refund associated with an un-budgeted or emergency expenditure contemplated in this section will be credited back to the Special Reserve Fund. 8 14. Annual Audit of Actual Costs The Contracted Cities understand and agree that it is impossible to project with complete accuracy the actual costs of labor and equipment, as well as the service to be required by the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly audit to adjust the prior year's estimated cost of service as set forth above to the actual costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will tabulate the actual cost of the fire department budget for the prior contract year and will submit to the Contracted Cities a summary of the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year's Annual F ire S e r vices Operating Budget. The Advisory B o and shall recommend allocation or financing of any surplus or deficit that exists at the end of the fiscal year. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget amounts as provided in Section 13 and Section 15 of this Agreement. The Contracted Cities reserve the right to request an independent audit of Hamel VFD, at a cost to be funded by requesting Contracted City, provided the frequency is not more than biennially. 15. Non -forecasted Expenditures Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more shall be given in writing to the A d v i s or y B o a r d prior to actual expenditures for such items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be included in the Annual F i re S e r vices Operating Budget as if ratified originally. 16. Cost Sharing Formula Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter referred to as the Budget Share). The Budget Share for the initial Contracted City shall be 100% of the Municipal Share. At such time as there is more than one Contracted City, the sum of all Budget Shares shall be 100% of the Municipal Share. The determination of the Budget Share for each Contracted City will be based upon a formula which will be agreed to by all parties. 17. Contract Payments The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal quarterly installments on January 31, April 30, July 31 and October 31 of the next contract year by the Contracted Cities to Hamel VFD. The invoices will contain details for both elements of payment. 9 Budget) The amounts payable by the Contracted City in 20164 are as follows: Budget Share: $ 169/00202,215 (from the 20164 Annual Fire Services Operating Capital Share: $ 60708970,000 (from the 201(4 Annual Fire Services Capital Budget) Hamel VFD agrees to provide the Contracted Cities with reasonably detailed information relating to the actual expenditures against the Annual Fire Services Operating Budget upon request and on a quarterly basis and agrees to make pertinent records available to the C on t r a c t e d C it i es for inspection for the purpose of determining the basis for the allocation of costs to fire protection. 18. Arbitration If a Contracted City is aggrieved by the determination of Hamel VFD as to the allocation of the actual costs of the prior years' service, the Contracted City may appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by Hamel VFD, one to be appointed by the appealing City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointment of either of the first two arbitrators', the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of any Contracted City, the third arbitrator to the Board. The third arbitrator selected shall not be a resident of any Contracted City; and shall be a city manager or administrator. The arbitrator's expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 19, Fire Advisory Board Role The Fire Advisory Board shall meet no less than two times per year, with regular meetings scheduled in March and July for the purpose of reviewing operational performances, setting goals and providing strategic planning. Any Contracted City or Hamel VFD may call meetings in addition to the regular meetings. This group shall discuss and make recommendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review budget updates. The Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating and capital budget proposals for the next calendar year and arriving at a consensus annual Fire Services Operating Budget and Fire Services Capital Budget according to the timeframes established in Section 9.1 of this Agreement. Advisory Board members are responsible for presenting securing the approval of the operating and capital budgets 10 i to the City Council of from their respective Contracted City f,ft-. The Advisory Board shall receive a complete copy of the Hamel Fire Relief Association's Pension Plan Audit as filed with the State Auditor, verifying that the pension fund's integrity is being maintained. 20. Termination of this Agreement This Agreement shall be terminable only as follows: 1. For convenience, any party may choose to terminate this Agreement for any reason provided that such termination is preceded by a minimum of a one (1) year written notice. In no event shall a party Contracted City issue a termination notice earlier than December 31, 20124.— 2. For cause, if a party��eir obligations under tins Agreement in a material respect and the breach is not substantially cured within a ninety (90) day cure period which begins when written notice is served. 3. By mutual written agreement of the Contracted Cities and Hamel VFD who are covered by this Agreement. 21. Provision to adjust City Fire Service Area During the term of this Agreement, a Contracted City may request that its City Fire Service Area be reduced or increased in size. Such a request of less than five percent of the City Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year. In the event that a Contracted City proposes an increase of more than five percent to its City Fire Service Area. Hamel VFD shall have the right to limit the increase to assure that coverage at the service level provided under this Agreement can be achieved by the Department. Such a request of more than five percent must be made one year prior to the desired effective date of the change. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracted City wishes to decrease and/or alter the location by less than five percent of its City Fire Service Area it may do so by specifying those changes in writing by May 1 of the year prior to the Contract Year in which such change is to be effective. In the event that a Contracted City wishes to decrease and/or alter the location by more than five percent of its City Fire Service Area, it may do so by specifying those changes in writing 3 months prior to the desired effective date of the change. 22. New Contracted Cities LTheContracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted as a party to this Agreement. Addition of a new Contracted City to this Agreement ires approval from each Contracted City Council of each currently Contracted City, h will not be unreasonably withheld. 11 The Budget Share and a cost sharing formula will also be mutually agreed to by all parties. In addition, the parties will undertake actions to ensure that capital contributions made by a Contracted City prior to this event are considered when determining the capital contribution/outlay amount required by the new Contracted City to become parry to this Agreement. Contracted City. 23. Legal Compliance This Agreement is governed by the laws of Minnesota. All parties to this Agreement shall comply with all applicable statutory requirements. This Contract replaces any existing contracts and agreements between the parties and is approved by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above. CITY OF MEDINA MAYOR CITY ADMINISTRATOR -CLERK HAMEL VOLUNTEER FIRE DEPARTMENT FIRE CHIEF ASSISTANT FIRE CHIEF 12 MEMORANDUM TO: Mayor Bob Mitchell FROM: Scott Johnson, City Administrator and Chief Ed Belland DATE: February 3, 2016 and Revised February 9, 2016 SUBJ: 2016 Fire Information Requested 1. Do we have the 2015 Annual Reports from all the other departments? No, they will not be completed until March. We have the Hamel Annual Report. 2. 2016 department budgets? (Total Budget = Operations and Capital) Department 2016 Total Budget Medina's Allocations Hamel $303,215 $272,215 Loretto $471,916 $102,579 Long Lake $592,770 $53,722 Maple Plain $380,881 $5,342 3. Have Erin Barnhart update the fire department comparisons. See Attached 4. Get actual training calendars for all departments. See below training hours comparisons. Hamel's Hours (2015) Loretto Hours (2015) Long Lake Hours (2015) emergency 1994 Training 1704 Training 2145 Incidents 2774 Incidents 2078 Non -emergency 2016 Non -emergency 2610 Training 6232 Incidents (Not Tracked) Non - Maple Plain Hours (2015) 2008 Training 3288 Fire- Fighter Hours (2014) (Maple Plains incidents and non -emergency are combined.) How do they compare to the other departments? They are very similar in hours when compared with the number of fire fighters per department. (Disclaimer — these are the latest numbers we have. Changes could occur when the 2015 fire annual reports are complete.) 5. Does Hamel spend a lot of time fund raising? This would have to do with the Non - emergency time and it appears to be very similar to other departments. 6. Do the other three departments have more fire fighters? Hamel 27 Loretto 30 Long Lake 41 Maple Plain 30 7. Why did Wolfe and the other four fire fighters leave Hamel? Wolfe hasn't left yet, not sure on the others. 8. How do capital budgets compare for all four departments'? All the departments' capital budgets are very similar. They all have 10 year capital plans. Hamel has a set amount each year to use for capital that is adjusted during the budget process. Loretto's capital numbers are included in their contract cost allocations for all their cities. Long Lake has a funding plan that the cities have agreed to set aside funds each year to fund their capital according to the plan. Maple Plain capital is built into their budget. Medina does not contribute to their capital specifically. 9. Location of ladder trucks near Hamel and Northeast Medina. Maple Grove, Plymouth, Wayzata, Rogers 10. Is Hamel part of Lexipol with Long Lake, Maple Plain and Loretto? Yes, all four fire departments are members and are paid up to date. 11. May a fire department not respond to a call for "mutual aid"? No, all fire departments are obligated to respond to a mutual aid call at any time. Attached are the Hennepin County Fire Mutual Aid Agreement and the State Statute. 12. Has Hamel reached out to neighboring fire departments? Yes, Hamel is in contact with Plymouth and Wayzata. They are exploring opportunities for closer cooperation in 2016. 13. Include written summaries from Ray McCoy supporting the Hamel Fire Department. See Attached (Index 1 — Document 32 and Index 1 — Document 34) 2 FIRE CONTRACT DETAIL OPERATING 2013 2014 2015 Proposed 2016 Hamel $ 144,417.00 53.39% $ 169,400.00 60.04 % $ 195,115.00 63.76 % $ 202,215.00 64.61 % Loretto $ 96,536.99 35.69% $ 83,266.00 29.51% $ 80,575.16 26.33% $ 79,978.87 25.56% Long Lake $ 24,420.00 9.03% $ 24,220.00 8.58% $ 24,977.00 8.16% $ 25,263.00 8.07% Maple Plain $ 5,135.00 1.90% $ 5,238.30 1.86% $ 5,342.00 1.75% $ 5,502.26 1.76% $ 270,508.99 $ 282,124.30 $ 306,009.16 $ 312,959.13 CAPITAL' Hamel $ 0.00 % $ 60,000.00 71.57 % $ 60,000.00 71.43 % $ Loretto $ 0.00% $ 17,839.00 21.28% $ 18,000.00 21.43% $ Long Lake $ 0.00% $ 6,000.00 7.16% $ 6,000.00 7.14% $ Maple Plain $ 0.00% $ 0.00% $ 0.00% $ $ - $ 83,839.00 $ 84,000.00 $ 70,000.00 22,600.50 28,459.00 121,059.50 57.82 % 18.67% 23.51 % 0.00% TOTAL CONTRACT Hamel $ 144,417.00 53.39% $ 229,400.00 62.68% $ 255,115.00 65.41% $ 272,215.00 62.72% Loretto $ 96,536.99 35.69 % $ 101,105.00 27.63 % $ 98,575.16 25.28 % $ 102,579.37 23.63 Long Lake $ 24,420.00 9.03% $ 30,220.00 8.26% $ 30,977.00 7.94% $ 53,722.00 12.38% Maple Plain $ 5,135.00 1.90% $ 5,238.30 1.43% $ 5,342.00 1.37% $ 5,50226 1.27% $ 270,508.99 $ 365,963.30 $ 390,009.16 $ 434,018:63 MARKET VALUE2 Hamel Loretto Long Lake Maple Plain CALLS3 Hamel Loretto Long Lake Maple Plain CONSUMER PRICE INDEX (CPI-U)4 (June -June) i 2013 862,139,500 70.55% 191,292,800 15.65 % 158,603,000 12.98% 9,977,600 0.82% 1,222,012,900 2013 126 64.95 % 48 24.74% 17 8.76% 3 1.55% 194 i i Analytics by Function 2014 898,302,000 72.17% 192,634,000 15.48% 143,825,400 11.56% 9,866,100 0.79 % 1,244,627,500 i 2015 Proposed 2016 998,102,800 73.25% 1,091,236,400 74.32% 199,230,100 14.62 % 201,880,400 13.75 % 151,783,800 11.14% 160,510,500 10.93% 13,522,300 0.99% 14,678,000 1.00% 1,362,639,000 1,468,305,300 2014 2015 166 68.31 % 155 68.28% 55 22.63 % 52 22.91 % 17 7.00 % 17 7.49% 5 2.06 % 3 1.32% 243 227 Proposed 2016 2013 2014 2015 Proposed 2016 1st Half 2012 223.88 1st Half 2013 228.473 1st Half 2014 231.764 1st Half 2015 1st Half 2013 228.473 1st Half 2014 231.764 1st Half 2015 229.374 1st Half 2016 % Change from Prior Year 2.05% % Change from Prior Year % Change from % Change from 1.44 % Prior Year -1.03% Prior Year '2013 Capital was combined with operating budget. 2 Market Values are based on prior year valuations. Pertains to Hamel, Loretto & Long Lake contracts. 3 Call numbers come from prior year actuals. Pertains to Hamel, Loretto & Long Lake contracts. 4Consumer Price Index from US Dept of Labor, Minn / St Paul, All Urban Cunsumers (CPI-U), June to June. Base Year 1982-1984 = 100. Pertains to Maple Plain Fire Contract. Data reviewed by Mayor Mitchell, Administrator Johnson, Finance Director Barnhart and Financial Consultant Joe Rigdon. Revised 2/4/2016 POPULATION° Analytics by Function 2013 2014 2015 Proposed 2016 Hamel 3,857 71.60% 4,280 73.41% 4,507 74.09% 4,814 74.87% Loretto 792 14.70 % 800 13.72 % 811 13.33 % 826 12.84% Long Lake 643 11.94% 651 11.17% 662 10.88% 683 10.62% Maple Plain 95 1.76 % 99 1.70 % 103 1.69 % 107 1.66 5,387 5,830 6,083 6,430 HOUSEHOLDS5 2013 2014 2015 Proposed 2016 Hamel 1,344 71.60% 1,533 74.09%� 1,621 74.87% Loretto 276 14.70% 276 13.34 % 278 12.84 Long Lake 224 11.93% 225 10.87 % 230 10.62% Maple Plain 33 1.76% 35 1.69 % 36 1.66 1,877 2,069 2,165 PER CAPITA6 2013 2014 2015 Proposed 2016 Hamel $ 37 14.90 % $ 40 16.93 % $ 43 18.64 % $ 42 18.48% Loretto $ 122 48.49% $ 104 44.52% $ 99 42.78% $ 97 42.61 Long Lake $ 38 15.11 % $ 37 15.91 % $ 38 16.25 % $ 37 16.27 % Maple Plain $ 54 21.50% $ 53 22.63% $ 52 22.33% $ 51 22.64% $ 251 234 $ 232 227 PARCELS 2013 2014 2015 Proposed 2016 Hamel 1,952 70.22% Loretto 476 17.12°k Long Lake 280 10.07 Maple Plain 72 2.59% 2,780 0 0 0 BUILDING PERMITS ISSUED 2013 2014 2015 Proposed 2016 # Value # Value # Value # Value Single Family 144 $59,476,122 82 $35,179,120 76 $26,473,596 Multi Family 1 $800,000 1 $500,000 1 $956,000 Commercial/Indistrial 0 0 0 145 $60,276,122 83 $35,679,120 77 $27,429,596 0 MEDINA COST OF LIVING ADJUSTMENT(COLA)8 2013 2014 2015 Proposed 2016 2.00 SOCIAL SECURITY COST OF LIVING ADJUSTMENT (CPI- W)9 (Sept -Sept) I 1.50%1 2013 1.70%1 I 2.00%1 2014 I 1.50%I 2.00%1 2015 1.70 Proposed 2016 0.00 4 Population is mathmatically estimated by district. 5 Households are mathmatically estimated by district. 6 Per Capita is calculated by contract amount and population. Medina fire contracts are not based on per capita figures because doing so would over compensate several of the departments if based solely on population, rather than compensating by actual services rendered. For example, Loretto would be undercompensated based on the actual number of calls (52) they responded to in 2015 because Maple Plain would be overcompensated based on the number of actual calls (3) in 2015. To use per capita as a means of setting a contract amount there would need to be a valid benchmark to measure against and The City also wants all properties regardless of size or population to have adequate fire services. The City is confident in our current practice of determining contracts based on analytics of market value, calls and Consumer Price Index and do not see using per capita as a best practice in contract determination. Parcels are mathmatically estimated by district 8 Medina Annual COLA (determined by MN Cities comparison - information compiled by League of MN Cities). 9 Social Security Annual COLA (determined by Consumer Price Index (CPI-W) Sept. of prior year to Sept. of current year). 1982-1984=100. Data reviewed by Mayor Mitchell, Administrator Johnson, Finance Director Barnhart and Financial Consultant Joe Rigdon. Revised 2/4/2016 RESOLUTION NO. RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the City of is a member of the Hennepin County Chiefs Association; and WHEREAS, the Association has adopted an agreement for joint and cooperative use of fire personnel and equipment; and WHEREAS, THE City of believes the effectiveness of fire protection within the City is improved by adopting this agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor and City Manager are hereby authorized to execute the Hennepin County Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment, as exhibit A attached, on behalf of the City of as a participating member. Adopted by the City Council December , 2003. Resolution: Reviewed for Administration Adopted by the City Council City Manager Attest: City Clerk Mayor JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT HENNEPIN COUNTY CHIEFS ASSOCIATION August 14, 2003 I. Purpose This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. II. Definitions "Party" means a political subdivision. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. "Requesting Party" means a party that requests assistance from other parties. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting "Responding Party" means a party that provides assistance to a Requesting Party. "Assistance" means, fire and/or emergency medical services personnel and/or equipment. "Specialized Activities" means non -emergency Assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personnel and associated equipment and facilities. III. PARTIES The parties of this agreement shall consist of the Active and Affiliate members of the Hennepin County Chiefs Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to the Secretary of the Hennepin County Chiefs Association together with a certified copy of the resolution authorizing the agreement. The Secretary of the Hennepin County Chiefs Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties of this Agreement, shall notify the designated responding official of each party of such change. Page 1 of 4 IV. Procedure Subd. 1. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. Specialized activities of a non -emergency nature may be requested and/or provided by the Parties of this Agreement Subd. 2. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. Subd. 3. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Subd. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. All mutual aid operations will be carried out according to the Minnesota Incident Management System (MIMS). The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. V. Workers' compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VI. Damage to equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Page 2 of 4 VII. Liability Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. Subd. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. VIII. Charges to the Requesting Party Subd. 1. A Responding Party to this agreement will levy no charges for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than eight (8) hours. The Requesting Party shall regardless to the length of time of the assistance, reimburse the Responding Party for supplies used. If assistance provided under this agreement continues for more than eight (8) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2. Such charges are not contingent upon the availability of federal or state government funds. Page 3 of 4 IX. Duration This agreement will be in force from the date of execution and notification of the Secretary of the Hennepin County Chiefs Association. Any parry may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. X. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date Entity By Title Date Entity By Title Page 4 of 4 12.27 MUTUAL AID, ARRANGEMENTS. Subdivision l .Authority; organizations in Minnesota. The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan and, in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual aid arrangements. Subd. 2.Authority, organizations in other states. The state director or the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Subd. 2a.Authority; organizations in Canadian provinces Subject to the approval of the governor, the state director may enter into mutual aid agreements with emergency management agencies or organizations in Canadian provinces for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Subd. 3.Local delegation of authority. (a) No later than 90 days after August 1, 1996, the governing body of a political subdivision shall designate a city administrator or manager, public safety director, police chief, fire chief, public works director, or other officer who, exercising discretion and considering the needs of the political subdivision and its inhabitants, may dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. (b) Action under this subdivision is an act of the political subdivision. All provisions for compensation of personnel, rental of equipment, liability insurance coverage, workers' compensation insurance, and other matters pertaining to the political subdivision, its equipment, and personnel, apply in each case as if specifically authorized and directed. (c) The officer shall end the use of equipment and personnel when the need no longer exists or earlier at the officer's discretion if it appears to be in the best interest of the political subdivision. Subd. 4.Providing assistance to another state. At the request of another state, the governor, exercising discretion and considering the needs of this state and its inhabitants, may dispatch state equipment and personnel as deemed necessary if there is an emergency or disaster outside of this state. The governor shall end the use of equipment and personnel when the need no longer exists or earlier at the governor's discretion if it appears to be in the best interest of the state. Hamel Volunteer Fire Depart. MN Ch. 317A Non-profit corporation Date Medina's contract with Hamel is dated 12-20-13 Term The initial term is 2 years from 1-1-14 to 12-31-15 Renewal The term is automatically renewed for successive 2 year terms. Termination w/o Cause Either party may give a 1 year or more advance written notice of termination. No such notice was given on or before 12-31-14, so the contract is renewed for 2 years from 1-1-15 to 12-31-16. Within the 2015 to 2016 term, either party may still terminate on 1 year's advance written notice. Termination w/ Cause The contract may be terminated for cause. Budget By June 1st, the Hamel Volunteer Fire Dept. gives Medina: 1) An operating budget for the next year; 2) A capital budget for the next year. Medina Council ratifies "the budgets proposed." Recent Budgets For 2014: $169,400 Capital $60,000 For 2015: $196,115 Capital: $60,000 For 2016: $202,215 Capital: $70,000 If costs shared 50% allocated to market valuation 50% allocated to call hours spent in fire service area Budget History w/Corcoran: For 2011: Corcoran: $41,722.08 Medina: $132,931.92 For 2012: Corcoran: $47,647.07 Medina: $135,739.63 For 2013: Corcoran: $49,421.79 Medina: $143,134.25 Loretto Volunteer Fire Depart. MN Ch. 317A Non-profit Corporation Date Medina's contract with Loretto is dated 1-1-13 Term The initial term is 3 years from 1-1-13 to 12-31-15 Renewal The term is automatically renewed for successive 3 year terms. Termination w/o Cause Either party may give a 1 year or more advance written notice of termination. No such notice was given on or before 12-31-14, so the contract is renewed for 3 years from 1-1-15 to 12-31-17. Within the 2015 to 2017 term, either party may still terminate on 1 year's advance written notice. Termination w/ Cause The contract may be terminated for cause at least (90) days prior to date of termination. Budget The cost of Contracted Services to the Cities shall be determined by formula for each calendar year during the term of the Agreement, using the Cost Allocation Data described in Exhibit D of the contract. Estimated market value of all properties that are not tax-exempt within the Fire Service Area will determine 50% of the cost, and average usage of Contracted Services over the three (3) most recent calendar years will determine 50% of the cost allocated to each Contracting City. The source of estimated market value shall be amounts compiled by the office of the Hennepin County Assessor and provided to the Department by the Contracting Cities prior to July 1 of each year during the term of this Agreement and any extended or renewal term. Recent Budgets For 2013: $96,537 (includes Capital) For 2014: $83,266 Capital $17,839 For 2015: $80,575 Capital $18,000 For 2016: $79,978.87 Capital $22,600.50 Maple Plain Fire Depart. City Department Date Medina's contract with Maple Plain is dated 10-15-13 Term The initial term is 2 years from 1-1-14 to 12-31-15 Renewal The term is automatically renewed for successive 2 year terms. Termination w/o Cause Medina or Maple Plain may choose to terminate its participation in the Agreement provided that such termination be effective on January 1 of the subsequent year preceded by a minimum six-month written notice. Termination w/ Cause Immediate termination may occur for breach of contract following written notice. Budget The base compensation for the budget is an annual amount equal to the previous year's Base Compensation plus the year's annual Consumer Price Index (CPI) percent increase for the Minneapolis -St. Paul Metro area as published by the U.S. Department of Labor Bureau of Labor Statistics, but not less than a 2% increase and not to exceed a 5% increase. Plus, an hourly rate equal to $125.00 for each call hour serviced in Medina by Maple Plain which exceeds 100 call hours in each calendar year. Recent Budgets For 2013: $5,135 For 2014: $5,238 For 2015: $5,342 For 2016: $5,502 Long Lake Fire Depart. City Department Date Medina's contract with Long Lake is dated 10-15-02 Term The initial term is 20 years from 1-1-02 to 12-31-20 Renewal The term is automatically renewed for successive 5 year terms. Termination w/o Cause For breach of contract. By mutual agreement of all cities covered by the agreement. City of Medina may terminate its participation in this Agreement without cause, subject to providing a twenty-four month notice of termination. This agreement may be renegotiated or terminated by the cities to enable participation in a fire district or similar organizational arrangement. Termination w/ Cause For "Good Cause" by any city that desires to terminate its participation in the Agreement provided that such termination is preceded by a minimum of 36 months notice. "Good Cause" shall mean, but is not limited to, a pattern of inadequate service quality; including inadequate response to call, inadequate training, and inadequate handling of calls; and/or a pattern of budget overruns. Budget Each of the Contracting Cities receiving fire services from the Long Lake Fire Department shall pay a share of the costs of the Annual Fire Services Operating and Capital Budgets. The City's Budget Share will be based upon a formula, which takes into account the Market Value of the protected property and the fire department staff resources utilized to protect the property. The objective is to fairly allocate "insurance" type costs and "effort and variable" type costs. The Contracting Cities have agreed that 70% of the share allocation will be based upon Market Value and 30% upon fire departments hours expended on calls to the City Fire Service Area. Recent Budgets For 2013: $24,420 For 2014: $24,220 Capital: $5,248 For 2015: $24,977 Capital: $6,000 For 2016: $25,263 Capital $7,000 Fire Information Index 1— Fire Consolidation Discussion Document 1 Medina City Council Special Meeting Minutes of April 7, 2015 Document 2 Fire Facilitator Agreement Letter with Ray McCoy of April 13, 2015 Document 3 Update E-mail from Ray McCoy dated May 4, 2015 Document 4 Update E-mail from Ray McCoy dated May 8, 2015 Document 5 Memo from Ray McCoy dated May 13, 2015 Regarding Hamel and Loretto Document 6 E-mail from Scott Johnson dated June 9, 2015 on meeting with Ray McCoy Document 7 Medina City Council Special Meeting Minutes of June 16, 2015 and Loretto Auto Aid information Document 8 E-mail from Scott Johnson to Chief Leuer dated June 16, 2015 on Auto Aid Document 9 E-mail from Chief Leuer to Scott Johnson dated June 17, 2015 on Auto Aid Document 10 E-mail from Scott Johnson to Chief Leuer dated June 17, 2015 on Auto Aid and notes on phone conversation Document 11 E-mail from Scott Johnson to Ray McCoy dated June 17, 2015 on Consolidation Update Document 12 E-mail from Sgt. Nelson to Scott Johnson dated June 17, 2015 on Auto Aid Document 13 June 18, 2015 Phone Conversation with Chief Jeff Leuer Document 14 E-mail from Scott Johnson to Ray McCoy dated June 18, 2015 on Consolidation Meeting Request Document 15 E-mail from Scott Johnson on June 18, 2015 requesting a Consolidation Meeting on June 23, 2015 Document 16 June 19, 2015 Phone Conversation with Chief Richard Kline Document 17 June 19, 2015 Phone Conversation with Chief James Van Eyll Document 18 E-mail from Scott Johnson on June 19, 2015 confirming a Consolidation Meeting on June 23, 2015 Document 19 Updated Tanker Groups and Box Alarms from Chief Leuer Document 20 E-mail from Scott Johnson to the City Council providing an update on the June 23, 2015 Fire Consolidation Meeting Document 21 Document 22 Document 23 Document 24 Document 25 Document 26 Document 27 Document 28 Document 29 Document 30 Document 31 Document 32 Document 33 Document 34 Document 35 Document 36 E-mail from Ray McCoy to Scott Johnson dated July 1, 2015 providing an update on consolidation discussions and responses to Mayor Mitchell's questions E-mail from Bob Mitchell to Scott Johnson dated July 1, 2015 on the questions and answers on auto aid E-mail from Scott Johnson to Ray McCoy dated July 1, 2015 on the questions and answers on auto aid Memo dated July 1, 2015 to the City Council from Ray McCoy on the Loretto Fire Department Auto Aid Change E-mail from Ray McCoy to Scott Johnson dated July 2, 2015 providing an update on the Loretto Fire Department Q and A E-mail from Ray McCoy to Scott Johnson dated July 21, 2015 confirming he would address utilization of Blue Card Training v. NIMS September 15, 2015 Invoice from Ray McCoy E-mail from Chief Leuer in response to Scott Johnson dated September 29, 2015 E-mail from Chief Van EyII in response to Scott Johnson dated September 29, 2015 E-mail from Chief Eisinger in response to Scott Johnson dated September 29, 2015 E-mail from Ray McCoy to Scott Johnson dated October 2, 2015 recap of meeting on September 25, 2015 with Chief Ruchti and Chief Leuer Memo from Ray McCoy dated October 3, 2015 on the meeting on September 25, 2015 with Chief Ruchti and Chief Leuer E-mail from Ray McCoy to Scott Johnson dated October 5, 2015 with attached October 5, 2015 memo on Chiefs's Communication dated September 29, 2015 E-mail from Ray McCoy to Scott Johnson dated October 5, 2015 with responses to follow-up questions E-mail from Ray McCoy to Scott Johnson dated October 7, 2015 with update on conversation with Chief Ruchti and Chief Leuer E-mail from Ray McCoy to Scott Johnson dated October 8, 2015 with attached exit memo Document 37 E-mail from Ray McCoy to Scott Johnson dated October 8, 2015 with follow up response to Mayor Mitchell Document 38 Document 39 Document 40 Document 41 Document 42 Document 43 E-mail from Ray McCoy to Scott Johnson dated October 20, 2015 with an update on the discussions regarding the e-mail dated September 29, 2015 from the Fire Chiefs' (documents 28, 29, and 30) E-mail from Ray McCoy to Scott Johnson dated October 29, 2015 with an attached memo covering the October 26, 2015 meeting with the Fire Chiefs Letter dated October 30, 2015 supporting the Shared Fire and Rescue Services Study Letter dated November 5, 2015 from Kelly & Lemmons, P.A. (on behalf of the Hamel Fire Department) to Chief Van Eyll, Chief Leuer, and Chief Eisinger Memo to the File from Scott Johnson covering discussions from November 9, 2015 to November 12, 2015 Final invoice from Ray McCoy dated November 13, 2015 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 7.2015 The City Council of Medina, Minnesota met in special session on April 7, 2015 at 5:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Mitchell, Anderson, Cousineau, Martin, Pederson Members absent: Also present: City Attorney Ron Batty, City Administrator Scott Johnson, City Planner Dusty Finke, Public Works Director Steve Scherer, Randy Anhorn Hennepin County Environmental Services, Pioneer Sarah Watershed Commissioner Elizabeth Weir, and Public Safety Director Ed Belland. II. Fire Contract Discussion Mayor Mitchell thanked the Hamel and Loretto Fire Departments for their tremendous response to the fatal accident at the Highway 55/Mohawk Drive intersection the evening of April 6, 2015. Hamel Fire Chief Jeff Ruchti informed the Medina City Council that his fire department is open to discussions with the Loretto Fire Department regarding consolidation to provide better service and unite the departments. Loretto Fire Chief Jeff Leuer agreed with Chief Ruchti and will meet with the Hamel Fire Department to discuss consolidation. The City Council endorsed the discussions between the two fire departments. Mayor Mitchell also informed the City Council that a facilitator would be needed to lead the discussions. III. Pioneer Sarah Watershed Discussion Staff, Pioneer Watershed Commissioner Elizabeth Weir, and Randy Anhorn from Hennepin County Environmental Services provided background information on the Pioneer Sarah Watershed. The City Council discussed the watershed governing options, tax base differences that exist with the three watersheds in Medina and the funding of watershed projects. Staff was directed to follow up with Steve Christopher from BWSR regarding two questions: 1) Does BWSR provide loans for organizations to change to a watershed management district? 2) What is the timeline to change to a watershed management district? Staff was directed to provide the following responses to the requested survey from Pioneer Sarah: Respond No to questions 1, 2, and 3 with the following explanation, "The City of Medina's answer to each of Questions 1, 2 and 3 is dependent on whether the City would receive assurance that the additional contribution would be employed to fund identified capital improvements within the jurisdiction of the Commission. Medina has seen little active water quality management from the Commission in recent years." Staff is directed to answer yes to question #4. Finally, staff was directed to answer yes to question #5 with the following explanation, "If the Commission will not seek ad valorem funding to implement the Third Generation Plan, then the City would support replacing the Commission with a Watershed District." Medina City Council Special Meeting Minutes 1 April 7, 2015 Adjournment Mitchell closed the meeting at 6: SO p.m. Bob Mitchell, Mayor Attest: Scott Johnson, City Administrator -Clerk Medina City Council Special Meeting Minutes 2 April 7, 2015 MEDINA CITY OFFICE 2052 County Road 24, Medina, MN 55340.9790 ADMINISTRATION I PLANNING & ZONING I PUBLIC WORKS P:763.473-4643 f:763.473-9359 e: city@ci.medina.mn.us PUBLIC SAFETY P: 763.473-9209 f: 763.473-8858 April 13, 2015 Ray McCoy 435 County Road 110 Maple Plain, Minnesota 55357 Dear Mr. McCoy: Re: Fire Facilitator Letter At the Medina City Council Work Session meeting on April 7, 2015, there was a brief discussion regarding the Hamel and Loretto Fire Departments having issues they would like to discuss. The City of Medina would like to contract with you at a rate of $100.00 per hour (not to exceed $5,000) to provide services to facilitate the discussion. Please confirm this arrangement by signing the bottom of this letter. If you have any questions, please feel free to contact Public Safety Director Ed Belland or City Administrator Scott Johnson at (763) 473-4643. On Behalf of the Medina City Council Scott Johnson City Administrator Ray McCoy Signature: Date: 44-1/1r17242/� zs; Scott Johnson From: Ray McCoy <mccoy5701@gmaii.com> Sent: Monday, May 04, 201511:20 AM To: B Mitchell; Scott Johnson Mayor Mitchell, Just a quick update on the ongoing discussions with Hamel and Loretto. Had a very good meeting with Loretto FD last Monday. I have had a couple of conversations with Chief Ruchti last week and with Neil W. I then was out of town doing training in Redwood County the rest of the week. I have a meeting scheduled with Hamel Fire Board tonight and a meeting scheduled with Loretto Fire Board on Wednesday evening. Should have better feel for where everyone is at after Wednesday. Any questions feel free to call. Ray McCoy mccoy5701@gmail.com 612-328-3853 r. Ki Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Friday, May 08, 2015 1:08 PM To: B Mitchell; Scott Johnson Subject: Loretto FD & Hamel FD update I have had two meetings this week with both FD's governing boards. Both boards have an motion made and passed authorizing each respective fire chief the authorization to meet with me to design a consolidation process. I consider this a huge step from my initial conversation with both departments. I'm in process of trying to set the meetings up. I think it would be very prudent to have a meeting with both of you and Chief Ed Be!land for a in person update. Would Wednesday at 8-9 or 11-12 work. I will be traveling to Houston County at 1230. Thanks Ray McCoy mccoy5701@gmail.com 612-328-3853 1 r, To: Ciiy AchwirtistratorTerterkihnVOn ina Mayor Robert Mitchell From: CC: Date: Re: Public Safety Director Ed Belland 5/13/2015 Hamel & Loretto Fire Department - Facilitation of Fire Service Delivery Comments: Per the direction of the City of Medina I have met with both the Loretto and Hamel fire chiefs and their respective fire boards. A simple synopsis of the first meeting with both departments was a real sense of distrust, apprehension, and "here we go again". I took a lot of time listening to each department's perspective and getting an understanding of each department's goals and their perceptions. To summarize both department's leadership boards agree on several issues: 1. Not interested in a short term agreement of any type 2. Why does the City of Media want a consolidated fire department 3. Have deep "wounds" and feelings of betrayal from previous consolidation attempts 4. Want all cities in the "new consolidated fire department" coverage area to support the consolidation 5. Are willing to work at consolidation one last time 6. In spite of the negative feelings towards the previous consolidation attempts both Fire Boards have granted authority to their respective fire chief to continue to meet with me to "design a consolidation process" During this short process to date both chiefs feel they are being micro managed and want to just concentrate on the process without inference. I would suggest that any fire related business or request go through the city administrator or mayor. This also would promote transparency and openness with each of the fire chiefs. The city goals that I have promoted is simple: 1. Consolidation would seek to improve fire service delivery to all customers 2. Consolidation would achieve long term operating efficiencies and capital expenditure planning. have spoken with hotn cruet Leuer and chief. ',Waal and it is our expectation to have a consolidation design put together within next three weeks. This design would then go back to be adopted by respective fire boards. The next step would be presenting a resolution to each of the cities to support the consolidation, have teams working on new by-laws, implementing the Lexipol Polices, fiscal impact of combining the Relief Associations, consolidating the equipment, establishing initial department officers and creating a combined budget for new fire department. I would like to see January 1, 2016 as a goal. Scott Johnson From: Scott Johnson Sent: Tuesday, June 09, 2015 3:18 PM To: Bob.Mitchell@ci.medina.mn.us; Jeff Pederson (jeff.pederson@medinamn.us); john.anderson@ci.medina.mn.us; Kathleen.Martin@ci.medina.mn.us; Lorie.Cousineau@ci.medina.mn.us Cc: Ed Belland; 'Ray McCoy' Subject: Meeting with Ray McCoy Mayor and Council Members, Mayor Mitchell, Council Member Pederson, Chief Belland, and I met with Ray McCoy this morning regarding the consolidation conversations between the Hamel and Loretto Fire Departments. Mr. McCoy informed us that the conversations on consolidation are ongoing and the process may take a few years to implement. The departments have discussed the following short-term goals: • Implementing in 2015 the Lexipol policies through the West Hennepin Fire District • Providing joint training between the departments • Maintaining auto aid between the two departments Mr. McCoy was asked to continue the consolidation discussions with both departments. Scott 1 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF DUNE 16.2015 The City Council of Medina, Minnesota met in special session on June 16, 2015 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Mitchell, Anderson, Cousineau, Martin, Pederson Members absent: Also present: City Administrator Scott Johnson, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Hamel Fire Department Chief Jeff Ruchti, Hamel Fire Lt. Ryan Gregor, and City Planner Dusty Finke II. Proposed 2016 Hamel Fire Budget Hamel Fire Department Chief Jeff Ruchti provided an overview of the proposed Hamel Fire Department Budget for 2016 and responded to questions on the proposed budget. Council Member Anderson informed the City Council that the Loretto Fire Department has turned off auto aid with the Hamel Fire Department and is no longer asking Hamel to assist on calls. He also informed the City Council that he discussed auto aid with Long Lake Fire Chief James Van Eyll and Plymouth Fire Chief Richard Kline. Anderson was greatly concerned about the competence level of the Hamel Fire Department based on the conversations he had with the two fire chiefs. Council Member Pederson confirmed he was informed of the auto aid change and encouraged consolidation between the Hamel and Loretto Fire Departments. Staff was not notified of the auto aid change by the Loretto Fire Department. Anderson said he could only approve the proposed budget if the Hamel Fire Department agreed to consolidate as soon as possible with the Loretto Fire Department. Council Member Martin cautioned against making a leap in judgment based on the decision made by the Loretto Fire Department. Staff was directed to discuss the issues with the Loretto and Hamel Fire Departments and Ray McCoy. Staff will report back at the next Council Meeting and bring back the proposed 2016 Hamel Fire Department Budget for discussion at the July Work Session. Council Member Martin requested information on the increase in bond expenses for the proposed 2016 Medina Budget. The Work Session was recessed at 7:02 PM III. Mediacom Build -out Summary, City Planner Dusty Finke provided an update on the discussions with Mediacom. Council directed staff to work cooperatively to reach mutual agreement on the construction plans to make sure all shared mileage is in the public ROW, allow Mediacom to determine where their 15 miles of buildout will be located and request a cost share for the remaining miles to complete the plan. Medina City Council Special Meeting Minutes 1 May 19, 2015 JalkaJ.L 1151 Aamaax3 aullu3 luxe '35 Pal swig T P-10•Hillssam maid HIFI sseacj aue1e(! 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Scott Johnson From: Seat: To: Cc: Subject: Hi Jeff, Scott Johnson Tuesday, June 16, 2015 9:51 PM jleuer@clloretto.mn.us Ed Beiland; Bob.Mitchell@ci.medina.mn.us; Jeff Pederson (jeff.pederson@medinamn.us) Hamel Auto Aid Council Member John Anderson mentioned at tonight's Council meeting that Loretto Fire has stopped all auto aid with Hamel FD. Is this true? If so, why was this change made and what were the reasons for the change? Why wasn't the City of Medina notified of this change immediately? Scott Johnson City of Medina 1 Scott Johnson From: Sent To: Cc: Subject: Hi Scott, Jeff Leuer <jleuer@ci.loretto.mn.us> Wednesday, June 17, 201511:07 AM Scott Johnson Ed Belland; B Mitchell; Jeff Pederson RE: Hamel Auto Aid Loretto Fire Department con inues to provide Automatic Aid to the area covered in Medina by the Hamel Fire Department on the followin calls: Personal Injury accidents, House Fires, School Fires, Garage Fires, Grass Fires, Apartment Fires, Business F. es, Chimney Fires and Electrical Fires as this has not changed. Loretto Fire Department has changed its response levels the City of Medina based on redundancy, operational and functional needs to provide the optimum level of service and costs of service to the residents and businesses best served by the Loretto Fire Department. Hamel Fire Department was removed from Automatic Aid o the area covered by the Loretto Fire Department in the City of Medina based on redundancy, resou es and the fu�c_t_ional needs to provide an effective and efficient service level to our customers, the City of Medin residents. As you may �e aware Hennepin County Fires Chiefs Association is constantly revisiting box alarms ana utomatic aid responses in the county to also to provide effective and efficient service levels. Jeff Leuer Fire Chief Loretto Fire Department 259 Medina Street North PO Box 22 Loretto, Mn 55357 Office 763-479-3036 Cell 612-221-4963 Fax 763-479-2685 From: Scott Johnson[mailto:Soott.Johnson@ci.medina.mn.usj Sent: Tuesday, June 16, 2015 9:51 PM To: Jeff Leuer Cc: Ed Belland; B Mitchell; Jeff Pederson Subject: Hamel Auto Aid Hi Jeff, Bek., Council Member John Anderson mentioned at tonight's Council meeting that Loretto Fire has stopped all auto aid with Hamel FD. Is this true? If so, why was this change made and what were the reasons for the change? Why wasn't the City of Medina notified of this change immediately? Scott Johnson City of Medina Scott Johnson From: Sent: To: Cc Subject: Hi Chief, Scott Johnson Wednesday, June 17, 201511:11 AM 'Jeff Leuer' Ed Be!land; B Mitchell; Jeff Pederson RE: Hamel Auto Aid Why wasn't the City of Medina notified of thischangeimmediately? r[ Scott Johnson City of Medina 1 From: Sent: To: Cc: Subject: Hi Ray, Scott Johnson Wednesday, June 17, 2015 4:07 PM 'Ray McCoy' Bob.Mitchell@ci.medina.mn.us; Ed Be!land Consolidation Update The City of Medina discussed the 2016 Hamel Fire De rtment Budget at our work session last night. During the discussion last night Council Member John Anderson that Hamel Fire Department was removed from Automatic Aid to the area covered by the Loretto Fire Department in the City of Medina. According to Mr. Anderson this was done on June 12th Th ity ► Meflina and Hamel Fire Department were not notified by Chief Leuer of this change. Also, Council Member An: ers• "'unformed the City Council that he has lost confidence in the Hamel FD and has discussed the auto aid issue with Chief VanEyfl and Chief (Cline. Please contact Ed or me regarding this issue as soon as you can on this issue. Thank you, Scott Johnson City of Medina i Scott Johnson From: Sent: To: Cc: Subject: Jason Nelson Wednesday, June 17, 2015 4:08 PM Scott Johnson Ed Belland FW: Auto Aid email Scott, this is the email that I received from Sergeant Yanta. Attached is the email that was sent to Pat with the Hennepin County Cad team from Chief Leuer. Let me know if you need anything else. Jason From: Liane K Yenta rmailto:Liane.YantaOhennepin.us] Sent: Wednesday, June 17, 2015 4:04 PM To: Jason Nelson Cc: Liane K Yenta Subject: Auto Aid email Let me know if you need anything else for this or of me. It was sent to Pat Kuchera with CAD team. Thanks, Liane Good Morning Pat, I have another request that would like for you to change WHEN YOU HAVE TIME, NO PI00#Q. Currently I believe we have this: Loretto and Hamel all -call, Maple Plain with ladder and tanker for ORT, BUS, CH1M 1J4PLOS, GARAGE, HOUSE, SCHOOL Remove Hamel FD from the first alarms on these call codes. I have too much redundancy in this area. I just want Maple Plain with ladder and tanker for these codes for Medina area Loretto FD covers. This should mean we don't have any Hamel FD on any first alarms in Medina. Let me know if you have any questions, Thanks, Jeff Jeff Leuer Fire Chief Loretto Fire Department 259 Medina Street North PO Box 22 Loretto, Mn 55357 Office 763-479-3036 Cell 612-221-4963 Fax 763-479-2685 Liane Yenta, Sergeant Hennepin County Sheriff Communications 1245 Shenandoah Ln Plymouth MN 55447 (763) 249-0883 Office (612) 363-3012 Mobile 1 June 18, 2015 Phone Conversation with Chief Jeff Leuer I shared my concerns with Chief Leuer over the recent change on June 12, 2015 to "Auto Aid" made by the Loretto Fire Department regarding the Hamel Fire Department. Chief Leuer explained to me that the change has nothing to do with the competency level of the Hamel Fire Department, but with what department makes sense to cover the Lake Independence neighborhood in Medina. We agreed to set up a meeting with Ray McCoy, Hamel FD, Loretto FD, and the City of Medina to discuss the "Auto Aid" change, the consolidation, and any other items to help improve communication. Scott Johnson From: Scott Johnson Sent: Thursday, June 18, 2015 9:50 AM To: 'Ray McCoy' Cc: Bob.Mitchell@ci.medina.mn.us; Jeff Pederson (jeff.pederson@medinamn.us); jleuer@ci.loretto.mn.us; 'Jeffrey Ruchti' (jeff.ruchti@hamelfire.org); Ed Belland Subject: Consolidation Meeting Request Hi Ray, I spoke to Chief Leuer this morning and we think it is extremely important for all of the parties involved with the consolidation to meet early next week on Monday or Tuesday at Medina City Half to discuss three topics: • Consolidation process timeline — why a three year process is needed for both Fire Departments • Changes to Auto Aid by Loretto FD — why the change was made and what are the impacts? • Communication with the City of Medina - day to day operations and consolidation We can definitely add more topics to the agenda if needed. What dates and times do you have available to meet on Monday or Tuesday? Thank you, Scott Johnson City of Medina J. Scott Johnson From: Scott Johnson Sent Thursday, June 18, 20151:13 PM To: Bob.Mitchell@ci.medina.mn.us; Jeff Pederson Oeff.pederson@medinamn.us); jieuer@ci.loretto.mn.us; 'Jeffrey Ruchti' (jeff.ruchti@hamelfire.org); Ed Belland Cc: Ray McCoy (rmccoy@westhennepin.com) (rmccoy@westhennepin.com) Subject: RE: Consolidation Meeting Request All, I heard back from Ray McCoy and he is available to meet the afternoon of Tuesday, June 23rd. Please let me know as soon as possible if June 23'd at 1 or 2 PM at Medina City Hall will work for your schedule for the meeting. Scott Johnson City of Medina June 19, 2015 Phone Conversation with Chief Richard Kline, Plymouth F.D. Chief Kline called me back. I asked him if he was aware of auto aid changes between Loretto and Hamel. He said he was not aware of the changes, but he did speak to Council Member John Anderson on Monday, June 15, 2015. Plymouth uses auto aid with other departments. Chief Kline explained that Plymouth has auto aid where Maple Grove responds, but Maple Grove does not require auto aid from Plymouth because Mapie Grove has enough resources to respond. Chief Kline also informed me that he did not state any fire department was incompetent in the conversation. June 19, 2015 Phone Conversation with Chief James Van EyII Chief Van Eyll called me back. He said that he had heard Loretto had cancelled "Auto Aid" with Hamel and he had a conversation with John Anderson on Monday, June 15, 2015, about the change. He informed me that Hamel is 3rd or 4th on "Box Alarms" for Long Lake Eire. He said the decision about `Box Alarms" has to do with "mileage" and "consistency." Hamel is not as consistent as other area fire departments like Wayzata. Long Lake had the same consistency issue when Chief Van Eyll started with the Long Lake Department 8 years ago. He informed me that it takes years to build consistency and reputation for a fire department. He would follow the same line of reasoning with any department in the area and he thought Hamel was improving, but needed to be more consistent. He thought it was important for fire chiefs to let the Medina Public Safety Director know what is going on with "Auto Aid" and other issues. Mr. Anderson also asked him about Blue Card training. Chief Van Eyll explained that departments do not fail Blue Card Training and the departments will continue to work on the skills needed until they are certified under the training. Scott Johnson From: Scott Johnson Sent: Friday, June 19, 201511:58 AM To: 'Jeff Leuer; Dave Eisinger; B Mitchell; Jeff Pederson; 'Jeffrey Ruchti' (jeff.ruchti@hamelfire.org); Ed Selland; James Van EyII (jvaneyll@longlakemn.gov); 'Ray McCoy' Subject: RE: Consolidation Meeting Request All, Chief Leuer confirmed that he can meet at 2 PM on Tuesday, June 23rd at Medina City Hall. We will meet at 2 PM on Tuesday at Medina City Hall. Have a good weekend! 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Thanks for running a good meeting and getting our business done. Sent from my iPhone On Jun 23, 2015, at 4:19 PM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Mayor and Council Members, Mayor Mitchell, Council Member Pederson, Ray McCoy, Public Safety Director Ed Belland, and I met with the four fire chiefs who serve Medina this afternoon. Mr. McCoy provided an update on the consolidation discussions between the Loretto and Hamel Fire Departments. All four fire departments continue to work on the implementation of Lexipol policies. This will allow all four departments to be consistent with their policies which will provide better and more consistent service to Medina Residents. No time period has been set for the consolidation process with Loretto and Hamel because both departments need time to work together, build trust, and start to train together. Mr. McCoy met with the two fire chiefs earlier this month and they plan to meet again later this summer. The fire departments expect to have the Lexipol policies in place by the end of 2016. Implementing the Lexipol policy is part of the consolidation process for Loretto and Hamel. Communication with the Medina City Council was also brought up at the meeting. Everyone at the meeting agreed that all questions from Medina City Council Members regarding the fire departments should be sent directly to me (City Administrator). I will work with Ray McCoy and the fire chiefs to answer the questions and respond back to the City Council or individual member. Everyone at the meeting thought this structure is necessary for the consolidation to move forward between Loretto and Hamel. This will also allow for City Council Members to have their questions answered in the most direct way possible. Please let me know if you have any questions. Finally, we discussed the auto aid change that was made by the Loretto Fire Department on June 12th and was discussed at the June 16th Work Session. Mayor Mitchell directed Ray McCoy to meet with the two fire chiefs and determine what occurred and what impact that will have on Medina Residents related to fire service. This information will be brought forward at the July 7th City Council meeting. Please let me know if you have any questions. Thanks, Scott 1 Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Wednesday, July 01, 2015 8:22 AM To: Scott Johnson Subject: Re: FW: Ray Scott, I spoke with Mayor Mitchell on Monday. I relayed to him that I have spoken with both Fire Chief Leuer and Ruchiti about the issue of auto aid being changed. While the change was not a huge deal or affected the fire response to the citizens of Medina it did cause a unattended negative results in a public meeting. This negative reaction could have been avoided if the change would have been better communicated to all involved. On a positive note both fire chiefs are communicating and have had a couple of good conversations since our meeting at Medina. We are trying to get our calender's to align to address the issue of a more definitive time line for a consolidation plan. Will keep you posted. Ray On Tue, Jun 30, 2015 at 11:54 AM, Scott Johnson <Scott.Johnson®ci.medina.mn.us> wrote: Hi Ray, Where are we at regarding the request made by Mayor Mitchell? Thank you, Scott Johnson City of Medina From: Scott Johnson Sent: Thursday, June 25, 2015 10:01 AM To: mccoy57010gmail.com Cc: Bob Mitchell Subject: Fwd: Ray Hi Ray, Please send the requested information to Mayor Mitchell. Thank you, Scott Johnson City of Medina Sent from my iPhone Begin forwarded message: From: Bob Mitchell <bob.mitchell@,medinamn.us> Date: June 25, 2015 at 9:52:11 AM CDT To: Scott Johnson <Scott.Johnson@ci.medina.mn.us> Subject: Ray I am expecting Ray's report (verbal) on the June 12 to June 16 fire issue today. Call me or pass it on when you get it. Thanks Sent from my iPhone Ray McCoy mccoy5701@gmail.com 612-328-3853 2 Q. What change did Jeff Leuer make to Loretto FD procedures on 6-12-15? A. He changed some "auto -aid" notifications for some areas away from Hamel FD to MPFD. Q. Why did he make those changes? A. Because as fire service areas grow and change there occur redundancies amongst FDs, more relevant equipment is available in other FDs and such changes make the system function better. The result is a more effective and efficient service level to customers. Q. Were the changes Jeff Leuer made on 6-12-15 big changes or little changes? A. Little changes. Auto -aid and box alarms are important details. Mutual aid amongst departments has been and remains the most important factor. Loretto and Hamel are an integral part of mutual aid to each other. Q. Did he notify Jeff Ruchti of Hamel FD in advance? A. No. Q. Would a fire chief usually notify another FD of changes such as these? A. No. Hennepin County Fire Chiefs Association members are constantly revising box alarms and auto aid to provide more effective and efficient service levels. Q. Given the negotiations toward further consolidation between the two FDs, would it have been - in hindsight -- a good idea to have notified Jeff Ruchti? A. Yes. Q. Do James Van Eyl of LLFD and Dave Eisinger of MPFD agree with the foregoing analysis? A. Yes. Q. Do the changes Jeff Leuer made to Loretto FDs auto -aid notificatins show a lack of confidence in Hamel FD? A. No, because the changes were minor; were made to reduce redundancy; insure the most relevant equipment was dispatched to fire calls; all to improve an effective and efficient fire service delivery system. ROCS-#4728733-v1 Scott Johnson From: Bob Mitchell <bob.mitchell@medinamn.us> Sent: Wednesday, July 01, 2015 11:03 AM To: Scott Johnson Subject Fwd: DOCS-#4728733-vl-Hamel_Fire_Department_Qand A Attachments: DOCS-#4728733-v1-Hamel_Fire_Department_Qand_A.pdf, ATT00001.htm Please ask Ray McCoy to edit and approve this Q and A so you can write the city council about this issue. We want to complete this work satisfactorily so we can move on. Thanks. Sent from my iPhone Begin forwarded message: From: Robert Mitchell <rmitche1143@icloud.com> Date: July 1, 2015 at 11:00:04 AM CDT To: bob.mitchell@medinamn.us Subject: Fwd: DOGS-144728733-v1-Hamel_Fire_Department Q_and_A Sent from my iPhone Begin forwarded message: From: "Kathleen M. Nydegger" <knydegger@lindouist.com> Date: July 1, 2015 at 10:57:40 AM CDT To: 'Robert Mitchell' <rmitche1143@icloud.com> Subject: DOCS-#4728733-v1-Hamel_Fire_Department Q_and A 1 Scott Johnson From: Scott Johnson Sent: Wednesday, July 01, 20151:26 PM To: 'Ray McCoy' Subject: FW: Loretto Fire Department Q and A Attachments: MEMORANDUM Loretto Fire Department Auto Aid Change .docx Hi Ray, I spoke to Mayor Mitchell and he had some changes to the 1st draft. Please edit and approve the 2nd draft of the Q and A/memo. Also, can you please run your edited and approved version past Chief Leuer and Chief Ruchti? The packet deadline is 9 AM tomorrow morning and I need to have the completed memo by that time for the Council packet. Thank you, Scott Johnson City of Medina From: Scott Johnson Sent: Wednesday, July 01, 2015 11:52 AM To: 'Ray McCoy' Cc: Bob.MitchellOci.medina.mn.us Subject: Loretto Fire Department Q and A Hi Ray, Please edit and approve the Q and A/memo. Also, can you please run your edited and approved version past Chief Leuer and Chief Ruchti? The packet deadline is 9 AM tomorrow morning and I need to have the completed memo by that time for the Council packet. Thank you, Scott Johnson City of Medina 1 MEMORANDUM TO: Mayor Mitchell and City Council FROM: Ray McCoy, Medina Fire Consolidation Consultant DATE: July 1, 2015 SUBJ: Loretto Fire Department Auto Aid Change 1 had a conference call with Mayor Mitchell and Public Safety Director Ed Belland on June 29, 2015 regarding the auto -aid change that was made by the Loretto Fire Chief Jeff Leuer on June 12, 2015 and discussed at the June 16, 2015 Medina City Council Work Session. At the meeting that was held with the four fire chiefs on June 23, 2015, Mayor Mitchell directed me to meet with the two fire chiefs and determine what occurred with the auto -aid change and what impact that will have on Medina Residents related to fire service. Below is an accurate account of the follow-up conference call discussion on June 29th: Q. What change did Jeff Leuer make to Loretto FD procedures on June 12, 2015? A. He changed some "auto -aid" notifications for some areas away from Hamel FD to Maple Plain FD. Q- Why did he make those changes? A. Because as fire service areas grow and change there occur redundancies amongst FDs, more relevant equipment is available in other FDs and such changes make the system function better. The result is a more effective and efficient service level to customers. Q. Were the changes Jeff Leuer made on June 12, 2015 big changes or little changes? A. Little changes. Auto -aid and box alarms are important details. Mutual aid amongst departments has been and remains the most important factor. Loretto and Hamel are an integral part of mutual aid to each other. Q. Do James Van Eyll of Long Lake FD and Dave Eisinger of Maple Plain FD agree with the foregoing analysis? A. Yes. Q. Do the changes Jeff Leuer made to Loretto FDs auto -aid notifications show a lack of confidence in Hamel FD? A. No, because the changes were minor; were made to reduce redundancy, insure the most relevant equipment was dispatched to fire calls; all to improve an effective and efficient fire service delivery system. Staff and consultants have investigated this issue fully. No City Council action is requested. 2 Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Thursday, July 02, 2015 8:43 AM To: Scott Johnson Subject: Re: Loretto Fire Department Q and A The memo I sent to you is good. Both chiefs have reviewed it. Also both Chiefs are communicating which is also good. Ray Sent from my !Phone On Jul 1, 2015, at 15:58, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Thanks, Ray! Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Tuesday, July 21, 2015 3:39 PM To: Scott Johnson Subject: Re: FW: Phone Call with Mike Dobish Yes I will address the topic. On Tue, Jul 21, 2015 at 3:28 PM, Scott Johnson <Scott.Johnson(a�ci.medina.mn.us> wrote: Hi Ray, Can you bring this topic up with the Fire Chiefs the next time you meet with them on consolidation? I would like to know if the Chiefs want to move forward with more Blue Card training or if they are comfortable with utilizing NIMS instead of Blue Card? Thank you, Scott Johnson City of Medina From: Medina fmailto:john.andersonOrnedinamn.us.] Sent: Tuesday, July 21, 2015 11:14 AM To: Scott Johnson Cc: J Anderson; B Mitchell Subject: Re: Phone Call with Mike Dobish Scott, Thank you for following up with Mike Dobish regarding these programs. I think you uncovered a lot of good information and it appears to me that the two programs, NIMS and Blue Card, are each important to our City and that we should make sure that each of our fire service providers train in each program. Regarding the Blue Card Program, I think the information you provided and your statement, "Blue Card is specifically for fire ground incident command" is very important because, in my opinion, a candidate who has i not passed both elements of the Blue Card program cannot be considered as ready for fire ground incident command. A metaphor would be this: a college student goes to class, does the reading, but fails the final exam cannot call themselves a college graduate. The student has failed to show mastery of the material. Based on the 2014 Hamel Annual Report, four out of seven commanders at Hamel have not passed both elements of the Blue Card program. I believe that this is an important distinction and would ask, again, that Hamel revise it's 2014 annual report. The current contract with Hamel calls for a minimum position qualification for Lieutenants, Captains and Chief to include "Blue Card On -Line Certification Program". While I believe, and think it reasonable, that the authors of this contract meant that an individual had to pass both elements of the program, I think that we would need to speak with those individuals who drafted the contract to be certain. Certainly looking forward to any new contract with Hamel, this issue needs to be clarified and, I would suggest; that the standard of passing both elements of the Blue Card program be established as a minimum standard for Lieutenants, Captains, and Chief. Once, again, thanks for taking the time to become informed on these important issues. Councilman John Anderson City of Medina iohn.anderson@ci. medina.mn.us On Jul 20, 2015, at 4:48 PM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Hi John, 2 I spoke to Mike Dobish from the Richfield Fire Department today about Blue Card Training. He had the following responses: • Why would a fire department use blue card if the other responding departments use NIMS? Blue Card is scalable to the emergency incident. NIMS is not scalable and is intended for larger emergency incidents. Blue Card provides tactical skills and tools for the officers arriving on the scene. Blue Card and NIMS are not separate systems. Blue Card is specifically for fire ground incident command. NIMS is for all emergency management situations and is based on allocating enough resources to solve the problem. • The Blue Card System is set up into two areas —1) on-line training and written materials — Candidates must test 70% or better to move on to the 24 hour lab 2) 24 hour lab — applying the materials in your organization under a pass or fail score. If someone fails, then the candidate is able to review the materials and come back and retest. Please let me know if you have further questions. Thanks, Scott Ray McCoy mccoy5701 Agmail.com 612-328-3853 3 :1 Date: September 15, 2015 To: Scott Johnson Medina City Administrator From: Ray McCoy RE: Invoice for services rendered I have attached the synopsis of the time spent working with Hamel Fire Department and Loretto Fire Department per the agreement with the city of Medina. I have spent 19.16 hours on this project at $100 per hour. The total invoice is $1916. Thanks for the opportunity to work with you and the City of Medina. Scott Johnson From: Jeff Leuer <jleuer@ci.loretto.mn.us> Sent: Tuesday, September 29, 20151:31 PM To: Scott Johnson Cc: Ed Belland;'tim.ryan@lorettofire.org'; rick.altendorf@Iorettofire.org; 'terry.ryan@lorettofire,org'; scott.wendland@lorettofire.org; Gregg Johnson (greggjohnson@lorettofire.org); 'billsosati@lorettofire.org'; jeff.leuer@lorettofire.org'; James Van EyII avaneyll@longlakemn.gov); Dave Eisinger (dave.eisinger@bergersoncaswell.co rn) Subject: RE: City of Independence Budget Meeting Good Afternoon Scott, Sorry about not responding sooner but all three fire chiefs wanted to meet to discuss your email. We wanted to send back one unified message to you and the City that answers your questions. What will this proposed position cost? Currently it is an unknown but we are going under the assumptions that this position will cost about $80,000 of which $40,000 is for the training side of it and $40,000 is for the fire prevention/inspection side. The fire prevention/inspection side will generate revenue to cover maybe 40-50% of it. We are hoping to have this a go in the second half of 2016 but we do understand the fiscal constraints that we are all under. Why was the City of Medina left out of the discussions? Our regularly scheduled meeting with the City of Medina has not occurred and we were not prepared to come to the City of Medina any sooner then these scheduled meetings. We did state at the meeting for the West Hennepin Fire Group on March 4, 2015 that our next steps in this process is training. Why was the Hamel Fire Department left out of the discussion? There are many reasons that we have not included Hamel in this discussion. The City of Medina has a problem and it is Hamel Fire. Hamel Fire lacks leadership, training and financing. If Hamel Fire is included, it might help their training but it doesn't correct their largest issue of leadership. This is not to say anything bad about current Hamel Fire Chief Jeff Ruchti but this is a reflection on the department as a whole and the lack of leadership going back a decade. The Long Lake, Loretto and Maple Plain Fire Departments cannot fix these problems for the City of Medina or Hamel Fire. Medina can do a few things to correct the issue. They can buy Hamel Fire out and either start their own Department or roll them into another fire department. We would like to see a meeting scheduled soon that would include the fire chiefs from Loretto, Long Lake and Maple Plain, yourself, Ed Belland, Jeff Pederson and Bob Mitchell. We would request that Hamel Fire not be included in this meeting so that we can have an open and honest discussion about them. We are open Thursday, October 1 11:30, Tuesday, October 6 after 9:00 or Thursday, October $ after 10:00. Please let us know what works for the City of Medina. Thanks, Jeff Leuer Fire Chief Loretto Fire Department i 259 Medina Street North PO Box 22 Loretto, Mn 55357 Office 763-479-3036 Cell 612-221-4963 Fax 763-479-2655 iieuergc%loretto.mn. us From: Scott Johnson [maim:Scott.Johnson@cl.medina.mn.usl Sent: Friday, September 18, 201S 4:33 PM To: James Van Ey1k avaneylipionglakemn.00v); Jeff Leuer, Dave Eisinger(dave.eisingerObergersoncasweli.com) Cc: Ed Be!land Subject: City of independence Budget Meeting Chief Van EyII, Chief Leuer, and Chief Eisinger, I was recently notified that the City of Independence discussed at a budget meeting last Thursday the possibility of adding a shared Fire Trainer/Inspection position for the area fire departments. I was shocked to hear that this was being discussed and the City of Medina who utilizes all three of your departments for fire services was not included on the discussions. I have a few questions: • What will this proposed position cost? We have set our preliminary budget for 2016. ▪ Why was the City of Medina left out of the discussions? • Why was the Hamel Fire Department left out of the discussion? Scott Johnson City of Medina z Scott Johnson From: James Van EyII <jvaneyll@longlakemn.gov> Sent: Tuesday, September 29, 2015 1:22 PM To: Scott Johnson Cc: Leuer Jeff; Eisinger Dave; Ed BeHand; Weske Scott Subject: Re: City of independence Budget Meeting Good Afternoon Scott, Sorry about not responding sooner but all three fire chiefs wanted to meet to discuss your email. We wanted to send back one unified message to you and the City that answers your questions. What will this proposed position cost? Currently it is an unknown but we are going under the assumptions that this position will cost about $80,000 of which $40,000 is for the training side of it and $40,000 is for the fire prevention/inspection side. The fire prevention/inspection side will generate revenue to cover maybe 40-50% of it. We are hoping to have this a go in the second half of 2016 but we do understand the fiscal constraints that we are all under. Why was the City of Medina left out of the discussions? Our regularly schedule meeting with the City of Medina has not occurred and we were not prepared to come to the City of Medina any sooner then these scheduled meetings. We did state at the meeting for the West Hennepin Fire Group on March 4, 2015 that our next steps in this process is training. Why was the Hamel Fire Department left out of the discussion? There are many reasons that we have not included Hamel in this discussion. The City of Medina has a problem and it is Hamel Fire. Hamel Fire lacks leadership, training and financing. If Hamel Fire is included, it might help their training but it doesn't correct their largest issue of leadership. This is not to say anything bad about current Hamel Fire Chief Jeff Ruchti but this is a reflection on the department as a whole and the lack of leadership going back a decade. The Long Lake, Loretto and Maple Plain Fire Departments cannot fix these problems for the City of Medina or Hamel Fire. Medina can do a few things to correct the issue. They can buy Hamel Fire out and either start their own Department or roll them into another fire department. We would like to see a meeting scheduled soon that would include the fire chiefs from Loretto, Long Lake and Maple Plain, yourself, Ed Belland, Jeff Pederson and Bob Mitchell. We would request that Hamel Fire not be included in this meeting so that we can have an open and honest discussion about them. We are open Thursday, October 1 11:30, Tuesday, October 6 after 9:00 or Thursday, October 8 after 10:00. Please let us know what works for the City of Medina. Thanks, James Van Eyli Fire Chief Long Lake Fire Department jvaneyllaionglakemmoov On Sep 18, 2015, at 4:33 PM, Scott Johnson <scottjohn.son@a ci.medina.mn.us> wrote: Chief Van Eyll, Chief Leuer, and Chief Eisinger, I was recently notified that the City of Independence discussed at a budget meeting last Thursday the possibility of adding a shared Fire Trainer/Inspection position for the area fire departments. I was shocked to hear that this was being discussed and the City of Medina who utilizes all three of your departments for fire services was not included on the discussions. I have a few questions: o What will this proposed position cost? We have set our preliminary budget for 2016. * Why was the City of Medina left out of the discussions? + Why was the Hamel Fire Department left out of the discussion? Scott Johnson City of Medina 2 Scott Johnson From: Dave Eisinger<dave.eisinger@bergersoncaswell.com> Sent Tuesday, September 29, 2015 4:17 PM To: Stott Johnson Cc: Ed Belland;'jeff.leuer@lorettofire_org; James Van EyII (jvaneyll@longlakemn.gov); Tessia Melvin; scott@scottslawncare.net; Chris Doyle Subject RE: City of Independence Budget Meeting Good Afternoon Scott, Sorry about not responding sooner but all three fire chiefs wanted to meet to discuss your email. We wanted to send back one unified message to you and the City that answers your questions. What will this proposed position cost? Currently it is an unknown but we are going under the assumptions that this position will cost about $80,000 of which $40,000 is for the training side of it and $40,000 is for the fire prevention/inspection side. The fire prevention/inspection side will generate revenue to cover maybe 40-50% of it. We are hoping to have this a go in the second half of 2016 but we do understand the fiscal constraints that we are 01 under. Why was the City of Medina left out of the discussions? Our regularly 'scheduled meeting with the City of Medina has not occurred and we were not prepared to come to the City of Medina any sooner then these scheduled meetings. We did state at the meeting for the West Hennepin Fire Group on March 4, 2015 that our next steps in this process is training. Why was the Hamel Fire Department left out of the discussion? There are many reasons that we have not included Hamel in this discussion. The City of Medina has a problem and it is Hamel Fire. Hamel Fire lacks leadership, training and financing. If Hamel Fire is included, it might help their training but it doesn't correct their largest issue of leadership. This is not to say anything bad about current Hamel Fire Chief Jeff Ruchti but this is a reflection on the department as a whole and the lack of leadership going back a decade. The Long Lake, Loretto and Maple Plain Fire Departments cannot fix these problems for the City of Medina or Hamel Fire. Medina can do a few things to correct the issue. They can buy Hamel Fire out and either start their own Department or roll them into another fire department. We would like to see a meeting scheduled soon that would include the fire chiefs from Loretto, Long Lake and Maple Plain, yourself, Ed Belland, Jeff Pederson and Bob Mitchell. We would request that Hamel Fire not be included in this meeting so that we can have an open and honest discussion about them. We are open Thursday, October 1 1 I :30, Tuesday, October 6 after 9:00 or Thursday, October 8 after 10:00. Please let us know what works for the City of Medina. Thanks, Jeff Leuer Fire Chief Loretto Fire Department 259 Medina Street North PO Box 22 Loretto, Mn 55357 i Office 763-479-3036 Cell 612-221-4963 Fax 763-479-2685 Ileuertper.loreito.mm us From: Scott Johnson [mai to:Scott.Johnsonacimedina.mn.us] Sent: Friday, September 18, 2015 4:33 PM To: James Van Ey11 avaneyllelonglekemn.00v); Jeff Leuer; Dave Eisinger (da► a.eisinggrtibergersoncaswell.com) Cc: Ed Belland Subject: City of Independence Budget Meeting Chief Van Eyll, Chief Leuer, and Chief Eisinger, I was recently notified that the City of Independence discussed at a budget meeting last Thursday the possibility of adding a shared Fire Trainer/Inspection position for the area fire departments. I was shocked to hear that this was being discussed and the City of Medina who utilizes all three of your departments for fire services was not included on the discussions. I have a few questions: What will this proposed position cost? We have set our preliminary budget for 2016. • Why was the City of Medina left out of the discussions? + Why was the Hamel Fire Department left out of the discussion? Scott Johnson City of Medina 2 Scott Johnson From: Ray McCoy <mccoy5701@gmaii.com> Sent: Friday, October 02, 2015 8:23 AM To: Scott Johnson Subject: Re: Follow-up on Sept. 25th Meeting I will get you a memo over the weekend with the details. Over all went well, Consolidation is off the table for now. Both fire chiefs are meeting on their own to try and rebuild trust with in their respective departments for each other. They have a joint training set for in November. I have encouraged Hamel Chief Jeff R to try and take advantage of all the outside officer training they can get. This will help with the younger firefights. Last year Ruchti did send officers to the State Fire Chief officer training and to the National Fire Academy officer training which is covered by grant money. Both are really committed to the Lexipol policy and is their first priority to get in place. Due to the hectic schedules for the Lexipol group this summer we are a couple months behind are projected roll out. That process has gone very well and the chiefs are excited to get it rolled out. Aver all I'm encouraged by the progress in which both chiefs have a desire to work together and try and rebuild trust in each other. That's an important first step. I firmly believe that Hamel is far better today than a year ago, Has been some very positive steps taken. Jeff R, while not the most experienced fire chief by his own admission, has been a rock through out this turmoil. He is very committed and a steady hand and most important keeps his cool. I have been very impressed on how he is focus on making Hamel better, realizes not going to happen over night. This is a synopsis of where we are. My personal observation is that their is a feeling that Hamel and Loretto have to consolidate. If that happen today I feel would end in an epic failure, not because of the chiefs, but because their would be no buy in from the firefighters. Their also is the thought of Medina buying out Hamel Fire. While this is really the only way the city would have direct oversight and the ability to manage day to day operations most effectively, I truly believe that the city of Medina would need to put additional money towards the operation, as Hamel is fund raising operational dollars to do what they are doing. Hope this helps and maybe after your meeting today, Chief Belland, you and I can meet next week. Ray On Thu, Oct 1, 2015 at 3:46 PM, Scott Johnson Scott.Johnson@ci.medina.mn.us> wrote: Hi Ray, i Could you please send me an e-mail or memo summarizing the meeting you had with Loretto and Hamel FD on Sept. 25th? I have a meeting with Mayor Mitchell and Council Member Pederson tomorrow morning at 9 AM and would like to give them your update. Thanks, Scott Ray McCoy mccoy5701 @gmail.com 612-328-3853 2 Date: October 3, 2015 To: Scott Johnson Medina City Administrator From: Ray McCoy RE: Synopsis of September 25, 2015 meeting with Fire Chiefs On September 25, 2015 I met with Loretto Fire Chief Leuer and Hamel Fire Chief Ruchti to discuss the past, present and future plans in which Hamel and Loretto Fire Departments will work together. It seems that both chiefs feel there is a high expectation that the two departments should merge. While both chiefs feel that this is a possibility in the future, and be a positive outcome for both Loretto and Hamel Fire Department, there is a substantial amount of ground work to be done before this is brought forward to their individual departments. Both chiefs recognize that there is a substantial "distrust" among the membership between the two fire departments. There is many reasons for this and would be counterproductive to delve into those reasons. Both fire chiefs are meeting on their own to try and rebuild trust with in their respective departments for each other. This is a very encouraging and is the best way to rebuild that trust is for the leaders of each organization work together. They have a joint training set for November and are working on additional joint training sessions. I fully expect to see many positive results from both chiefs meeting to share their respective vision, mission and expected outcomes from their collaborating as neighboring fire chiefs. Both fire chiefs are really committed to the Lexipol policy and is their first priority to get in place. Due to the hectic schedules for the Lexipol group this summer the project is a couple months behind are projected roll out. That process has gone very well and the four fire department chiefs are excited to get it rolled out. Chief Leuer and Chief Ruchti have both expressed this policy rollout is their highest priority. This policy roll out will consist of substantial cross training with the four fire departments involved. This Lexipol Policy rollout is a high priority for both Chief Leuer and Chief Ruchti and will take considerable administrative time for both of them. 1 also see that Chief Ruchti is also using many avenues to get additional training for their officer staff. He has taken advantage of the Fire Officer training the MN Fire Chief Association puts on each year and also in sending officer to National Fire Academy (grant funded) training. Over all I'm encouraged by the progress in which both chiefs have a desire to work together and rebuild a mutual trust in their respective departments. That's an important first step. I firmly believe that Hamel is far better today than a year ago. Some very positive steps have been taken. Chief Ruchti has been a rock throughout this tumultuous year. He is very committed and professional in dealing with the public criticism but also with leading Hamel Fire Department. Chief Leuer and Ruchti have express their appreciation for the city of Medina in setting the parameters for how the city communicates with them through the city administrator. From my perspective both departments were being managed or given conflicting messages from several different sources. In setting up a clear communication process with Scott Johnson, city administrator has really helped. The above is a synopsis from my involvement with both chiefs to date. My personal observation is that there is a strong feeling that Hamel and Loretto have to consolidate. If that happened today it would end in an epic failure, not because of the chiefs, but because there would be no buy in from the firefighters. There also is the thought of Medina buying out Hamel Fire. While this is really the only way the city would have direct oversight and the ability to manage day to day operations most effectively, I truly believe that the city of Medina would need to put additional money towards the daily operation. Hamel is fund raising operational dollars and have a large amount of donated time to maintain their organization. Any questions please let me know. Thank you for the opportunity to work with you and the Loretto and Hamel Fire Departments. Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Monday, October 05, 2015 2:00 PM To: Scott Johnson Subject: Update memo's Attachments: Memo 10-3-2015 City of Medina.docx; Fire Inspector -Trainer Memo 10-5-2015.docx Scott, Any question let me know. Ray McCoy mccov5701@gmail.com 612-328-3853 r� Date: October 5, 2015 To: Scott Johnson Medina City Administrator From: Ray McCoy RE: Response to Communication from Long Lake, Maple Plain and Loretto Fire Chiefs Per you request I have read over the communication from the above fire chiefs dated September 29, 2015. This project of jointly hiring a trainer/inspector is a separate process from the Lexipol Policy project and the Hamel/Loretto discussions. I have not been part of the trainer/inspector discussions. I'm not sure of the parameters that the trainer/inspector discussions are based on. Additionally, I have not seen any data that this new jointly hired position is based on. Consequently, without that information I cannot comment on merits of the proposal. I can comment that when I was Maple Plain Fire Chief in the 1990's there was preliminary discussions with Medina, Orono, Long Lake, Mound, Independence and Maple Plain clerks/administrator on the merits of a shared Fire Marshal/Inspector. This discussion has been around for years. Any other questions please contact me. ' :5 Scott Johnson From: Ray McCoy - GMAIL <mccoy5701@gmail.com> Sent: Monday, October 05, 2015 4:15 PM To: Scott Johnson Subject Re: Update memo's Sent from my iPhone On Oct 5, 2015, at 14:18, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Hi Ray, Thank you for the information. I have two follow up questions: 1. What in your professional opinion can Hamel FD do to grow stronger? Yes I truly believe HFD can grow stronger. Chief Ruchti has shown this by couple things. He is big on working together with other departments. They have huge negative image to overcome that was 20 years in the making. I have encourage MP, Loretto and Long LAke is come long side of Hamel and assist. I think any one of the departments had 21 of 29 members with 6 or less years on they would be struggling with getting all firefighters up to speed. 2. The Maple Plain, Loretto, and Long Lake Chiefs have written "Hamel Fire lacks training, leadership, and financing." Can you flesh this out for me? Based on your opinion, in what areas does Hamel need to improve? Again I refer to above young fire fighters. They don't have the luxury of people with experience to mentor younger firefighters and officers. I do think they are underfunded compared to other departments. In my personal opinion firefighters should be concentrating on firefighting not fund raising, especially in a bar. That is my personal opinion. I have encourage cChief Ruchti to concentrate on all outside officer training he can send his officers to and concentrate on the basics and fundamentals. Would love to sit down and go over these items in more detail. Thank you, Scott Johnson City of Medina Scott Johnson From: Ray McCoy - GMAIL <mccoy5701@gmail.com> Sent: Wednesday, October 07, 2015 4:05 PM To: Scott Johnson Subject: Re: Call to Fire Chief's 1 met with both of them this morning for a half hour to bring things to a conclusion. Will be following that up with a written communication to both of them and will cc you Sent from my iPhone On Oct 7, 2015, at 14:31, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Hi Ray, Have you had a chance to follow-up with phone calls to Chief Ruchti and Chief Leuer as we discussed yesterday? Thank you, Scott Johnson City of Medina Scott Johnson From: Ray McCoy <mccoy5701@gmaii.com> Sent: Thursday, October 08, 2015 8:46 AM To: Jeff Leuer; Jeffrey Ruchti; Scott Johnson Subject: Exit Memo Attachments: Exit Memo 10-8-2015.docx Chief Leuer, Chief Ruchti and Administrator Scott Johnson It has been a fun few months working with everyone. Wish you the best in the future. Thanks for your hard work for the citizens of Medina. Ray McCoy mccoy5701@gmail.com 612-328-3853 i Date: October 8, 2015 To: Chief Jeff Leuer, Loretto Fire Department Chief Jeff Ruchti, Hamel Fire Department Scott Johnson, Medina City Administrator From: Ray McCoy RE: Exit Interview Thank you for meeting with me on Wednesday to go over bringing my involvement on behalf of the city of Medina to a close. 1 believe that a lot of progress has been made over the last few months to resolve trust issues, discuss some very difficult differences between City of Medina, Hamel Fire and Loretto Fire Department's. As we have discussed on many occasions the high degree of external expectation for a merger or consolidation of Loretto Fire and Hamel Fire. While this is an attainable goal in the future and both fire departments see the long term benefit, there needs to be a solid foundation built before the merger would be successful. I would encourage both Fire Departments and their leadership to continue working together and support each other. I'm very pleased that the Chief Leuer and Ruchti are meeting together on a regular basis, have future joint training sessions planned, working hard and committed to implement the Lexipol policy project and taking advantage of training opportunities on local and state level. It has been a great opportunity and a pleasure to work with each of you and your departments over the past few months. You both are so committed to your role as chief, your fire department and above all else committed to the citizens you serve. If anything I can do to assist you in the future, please let me know. Again thanks for your dedication to your communities and the fire service. Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Thursday, October 08, 2015 5:50 PM To: Scott Johnson Subject: Re: FW: Ray Scott, It was two fold, one I was hired to facilitate a merger or consolidation and two the chiefs felt considerable pressure from certain city council members themselves, not sure if real or not, but defiantly perceived. I purposely didn't go into detail with that as it is water over the dam, and they have gotten past it and are really trying to get their members in syn with each department. Hope this helps. On Thu, Oct 8, 2015 at 2:06 PM, Scott Johnson<Scott.Johnson@ci.meclina.mn.us> wrote: Hi Ray, Can you please clarify the information from the memo for Mayor Mitchell? Thanks, Scott Original Message ----- From: Bob Mitchell[mailto:bob.mitchell@meclinamn.us] Sent: Thursday, October 08, 2015 1:20 PM To: Scott Johnson Subject: Ray What does "... High external pressure for a merger..." refer to? Who is Ray saying wants a merger? Thanks. Sent from my iPhone Ray McCoy mccoy5701(u�gmail.com 612-328-3853 1 Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Tuesday, October 20, 2015 4:56 PM To: Scott Johnson I left you a voice mail. My sessions went longer than expected. I spoke with Chief Leurer. He and Chief Ruchti have spoken at length. I have traded voice mails and text messages with Chief Van Eyl. We are going to try and meet Thursday or Friday night. Spoke briefly with Chief Eisinger. There is a lot of angst over the letter. You can give me a call before your council meeting if you want. Ray McCoy mccoy5701@gmail.com 612-328-3853 1 .7 2: Scott Johnson From: Ray McCoy <mccoy5701@gmail.com> Sent: Thursday, October 29, 2015 5:00 PM To: Scott Johnson Subject: Re: Follow-up Attachments: Memo 10-28-2015 City of Medina.docx I have attached memo covering the September 29, 2015 email. On Thu, Oct 29, 2015 at 10:47 AM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Thanks, Ray! Ray McCoy mccoy5701 Azmail.com 612-328-3853 Date: October 28, 2015 To: Scott Johnson Medina City Administrator From: Ray McCoy RE: Synopsis of October 26 meeting with Fire Chief Leuer, Eisinger, Ruchti, Van EyII On October 26, 2015 at 0800 hrs. 1 met with above fire chiefs whose fire departments cover the city of Medina per your request. I also invited Public Safety Director Ed Beiland to the meeting. The subject of the meeting was the "fall out" over an email that was sent to you dated September 29, 2015. Unfortunately, this communication has created additional tension with the four fire departments that cover the city of Medina and has created an attitude of distrust within the Hamel Fire Department towards Loretto Fire Department, Long Lake Fire Department and Maple Plain Fire Department. On Friday, October 23, 2015 I met with Public Safety Director Ed Beiland to discuss the chilling effect that this communication had not only with the fire departments but also the Medina city staff and council members. My thoughts were that Chief Van EyII, Chief Leuer and Chief Eisinger had no intentions of causing tension or distrust with Hamel Fire Department. Both Director Belland and myself felt strongly that the four fire chiefs need to hear the same communication from Director Beiland and myself in representing the City of Medina concerning working together and the unintended results of the September 29, 2015 communication to you. At the meeting with the four fire chiefs on October 26 I gave a brief history of my involvement on behalf of the City of Medina with Loretto and Hamel Fire Departments. I briefly went over the process and end result of the dialog between Loretto and Hamel Fire Department. My discussion concentrated on the fourth paragraph "Why was the Hamel Fire Department left out of the discussion?" I explained from the City of Medina and Public Safety that I strongly believe this part of the communication sent the wrong message and the chiefs have to resolve to work together. I ask if they were committed to work together as a team to complete the Lexipol project and received a 100 percent commitment to this ongoing project. 1 also very clearly communicated that if any one of the chiefs had a specific articulable issue with the City of Medina that they should contact you and set up an appointment to meet in person to address the issue versus email communication. If the issue or problem is with a specific fire department to meet with that chief to address the issue. Public Safety Director Ed Beiland very clearly communicated his trust and confidence in all four departments in their response to any public safety incident in the City of Medina. Chief Beiland stated he expected that the four departments will continue to work together in the future as they have in the past. I also have no doubt that this working together on calls for service will continue and that the citizens of Medina will see no disruption in the delivery of service. It has been clearly communicated to Chief Leuer, Chief Van EyII, Chief Ruchti and Chief Eisinger that any further communication concerning the above reference paragraph needs to addressed directly to you. They regret the tension it has caused and agree the communication could have been more clear. Any other questions please feel free to give me a call. MEDINA October 30, 2015 Bruce Roed State Fire Marshal Division 445 Minnesota Street, Suite #145 St. Paul, MN 55101-5145 RE: Shared Fire and Rescue Services Study Dear Mr. Roed, CITY OFFICE 2052 County Road 24, Medina, MN 55340,9790 ADMINISTRATION / PLANNING & ZONING / PUBLIC WORKS P: 763-473.4643 f:763.473.9359 e: cify@ci.medina.mn.us PUBLIC SAFETY a: 763-473-9209 f 763-473-8858 The Loretto Fire Department Inc., Maple Plain Fire Department, and Long Lake Fire Department provide fire and rescue services for the City of Medina through fire service contract agreements. The City of Medina, by means of this correspondence, wishes to express its intent to study the fire service areas served by the following four fire departments: Maple Plain, Long Lake, Loretto, and Mound. The results of this study and a successive timely implementation will potentially benefit all 13 communities that the four fire departments currently serve. The intention of the study would be to facilitate efficiency of staffing operations and improve firefighter training by means of sharing resources and services within the four fire departments and the 13 neighboring jurisdictions. The City of Medina is supportive of this pursuit. Please accept this letter of support on behalf of the City of Medina for consideration of an award under the Minnesota Department of Public Safety Fire and Rescue Shared Service Grant Program. You may feel free to contact me with any questions. SinceXely, Scott Johnson City Administrator Kelly & Lemmons, P.A. ATTORNEYS AT LAW November 5, 2015 James Van Ey11 340 Willow Dr N Long Lake, MN 55356 • Joseph A. Kelly ikellv@a,kellyandlemmons com VIA US MAIL Re: Your Correspondence to the City of Medina Dear Mr. Van Eyll, Our firm represents the Hamel Volunteer Fire Department (hereinafter "Department"). I write regarding recent correspondence with the City of Medina which you coauthored with two other local fire chiefs. Your correspondence is an attempt to interfere with the contractual relationship between the City of Medina and the Department. Not only is it interfering with a current contractual relationship, but it is also interfering with contract negotiations. Regrettably, the correspondence is also libelous in nature. The intent and actual result of the correspondence to the City of Medina seeks to damage the reputation and the business operations of the Department. You state that the "City of Medina has a problem and it is Hamel Fire." You go on to disparage the Department's name by claiming it lacks leadership, training and financing. Finally, you claim the only way to fix the issue is to get rid ofHamel Fire Department all together. The Department has formally been in existence since 1947. Throughout its history, it has spent decades serving the community and establishing a strong, positive reputation for the work that the Department does and the people that make up the Department. You are aware of the relationship between the City of Medina and the Department. You made false, destructive, and defamatory statements about the Department to the City of Medina. This letter serves as a formal cease and desist demand. The Department demands that you cease and desist all defamation of the Department's name and reputation. Particularly offensive with your actions is that you are a municipal official. Most offensive is that your defamatory statements and tortious interference with contract were done, at least in 223 LITTLE CANADA ROAD EAST, SUITE 200 = LITTLE CANADA, MINNESOTA 55117 TELEPHONE 651224-3781 . FACSIMILE 651-223-8019 www.kellyandlemmons.com November 5, 2015 Page 2 of 2 part, in your capacity as the Chief for your department. Because your actions are also torts under Minnesota Law, I am also copying the City Administrator for the City of Long Lake, Scott Weske, as a notice of a claim under Minn. Stat. § 466.05. If you have any questions, please contact me at your convenience. Kindest regards, KELLY & LEMMDNS, P.A. cc: Scott Johnson, City Administrator, City of Medina. Hamel Volunteer Fire Department Scott Weske, City Administrator, City of Long Lake Kelly & Lemmons, P.A. A TTORNEYS AT LAW November 5, 2015 Jeff Leuer 259 North Medina St, Loretto , MN 55340 • Joseph A. Kelly jkelly@kellyandlemrnons.com VIA EMAIL & US MAIL Re: Your Correspondence to the City of Medina Dear Mr. Leuer, Our firm represents the Hamel Volunteer Fire Department (hereinafter "Department"). I write regarding your recent correspondence with the City of Medina. Your correspondence appears to be an attempt to interfere with the contractual relationship between the City of Medina and the Department. Not only is it interfering with a current contractual relationship, but it is also interfering with contract negotiations. Regrettably, the correspondence is also libelous in nature. The intent and actual result of the correspondence to the City of Medina seeks to damage the reputation and the business operations of the Department. You state that the "City of Medina has a problem and it is Hamel Fire." You go on to disparage the Department's name by claiming it lacks leadership, training and financing. Finally, you claim the only way to fix the issue is to get rid of Hamel Fire Department all together. The Department has formally been in existence since 1947. Throughout its history, it has spent decades serving the community and establishing a strong, positive reputation for the work that the Department does and the people that make up the Department. You are aware of the relationship between the City of Medina and the Department. You made false, destructive, and defamatory statements about the Department to the City of Medina. This letter serves as a formal cease and desist demand. The Department demands that you cease and desist all defamation of the Department's name and reputation. If you have any questions, please contact me at your convenience. 223 LITTLE CANADA ROAD EAST, SUITE 200 . LITTLE CANADA, NIINNESOTA 55117 TELEPHONE 651 224-3781 . FACSIMILE 651-223-8019 www.kellyandlemmons.com November 5, 2015 Page 2 of 2 Kindest regards, KELLY & LEMMON5, P.A. cc: Scott Johnson, City Administrator, City of Medina Hamel Volunteer Fire Department Loretto Fire Department Board Kelly & Lemmons, P.A. ATTORNEYS AT LAW November 5, 2015 David Eisinger City of Maple Plain 1645 Pioneer Ave Maple Plain, MN 55359 Joseph A. Kelly jkellygkellYandlemmons.com VIA US MAIL & EMAIL Re: Your Correspondence to the City of Medina Dear Mr. Eisinger, Our firm represents the Hamel Volunteer Fire Department (Hereinafter "Department"). I write regarding recent correspondence with the City of Medina which you coauthored with two other local fire chiefs. Your correspondence is an attempt to interfere with the contractual relationship between the City of Medina and the Department. Not only is it interfering with a current contractual relationship, but it is also interfering with contract negotiations. Regrettably, the correspondence is also libelous in nature. The intent and actual result of the correspondence to the City of Medina seeks to damage the reputation and the business operations of the Department. You state that the "City of Medina has a problem and it is Hamel Fire." You go on to disparage the Department's name by claiming it lacks leadership, training and financing. Finally, you claim the only way to fix the issue is to get rid of Hamel Fire Department all together. The Department has formally been in existence since 1947. Throughout its history, it has spent decades serving the community and establishing a strong, positive reputation for the work that the Department does and the people that make up the Department. You are aware of the relationship between the City of Medina and the Department. You made false, destructive, and defamatory statements about the Department to the City of Medina. This letter serves as a formal cease and desist demand. The Department demands that you cease and desist all defamation of the Department's name and reputation. Particularly offensive with your actions is that you are a municipal official. Most offensive is 223 LITTLE CANADA ROAD EAST, SUITE 200 . LITTLE CANADA, MINNESOTA 55117 TELEPHONE 651-224-3781 . FACSIMILE 651-223-8019 www.kellyandlemmons.com November 5, 2015 Page 2 of 2 that your defamatory statements and tortious interference with contract were done, at least in part, in your capacity as the Chief for your department. Because your actions are also torts raider Minnesota Law, I am also copying the City Administrator for the City of Maple Plain, Tessia Melvin, as a notice of a claim under Minn. Stat. § 466.05. If you have any questions, please contact me at your convenience. Kindest regards, KELLY & LEMMONS, P.A. Joseph Kelly cc: Scott Johnson, City Administrator, City of Medina Hamel Volunteer Fire Department Tessia Melvin, City Administrator, City of Maple Plain Memo to the File November 9, 2015 I spoke to Chief Van EyII regarding the letter he received dated November 5, 2015 from Attorney Joseph Kelly (written on behalf of the Hamel FD). I explained that + had not received the correspondence. November 9, 2015 I spoke to Chief Dave Eisinger regarding the letter he received dated November 5, 2015 from Attorney Joseph Kelly (written on behalf of the Hamel FD). I explained that I had not received the correspondence. November 9, 2015 I returned a voice mail message to Chief Jeff Leuer regarding the letter he received dated November 5, 2015 from Attorney Joseph Kelly (written on behalf of the Hamel FD). I explained that I had not received the correspondence in my message. November 10, 2015 I received the letters from Attorney Joseph Kelly (written on behalf of the Hamel FD). The correspondence was shared with the Medina City Council. Memo to the File November 12, 2015 A conference call was held with Mayor Mitchell and City Attorney Ron Batty regarding the September 29, 2015 e-mail from Chief Van Eyll, Chief Leuer, and Chief Eisinger to me regarding the Hamel Fire Department and the November 5, 2015 letter from Attorney Joseph Kelly (on behalf of Hamel FD) to the three fire chiefs. The correspondence was discussed. Mr. Batty did not think Medina was responsible for any legal issues that could come from the correspondence. Mayor Mitchell requested Ron Batty review all four fire contracts and to specifically review the following: Proposed changes from the Hamel FD • All four auto renewal clauses • Any performance clauses that warrant change Date: November 13, 2015 To: Scott Johnson Medina City Administrator From: Ray McCoy RE: October Invoice —Final Find attached the log for services render tram October 9 to October 29, 2015 for the City of Medina. Time invoiced is 3.82 hours at $100 per hour for a total invoice amount $382.00 Any questions please let me know. It has been a pleasure to assist the City of Medina. " r��. " ;�� Y"����' Date Hours Total Description To From Hours 9/25/2015 700 830 1.5 Meet with Jeff L & Jeff R 10/2/2015 800 845 0.75 Prepare Memo & Email to Scott J 10/5/2015 1100 1215 1.25 Prepare Memo & Email to Scott J Total 10/9/2014 0.25 Request for se►rice - Letter from MP,LL,Lorettl 10/13/2014 0.16 Phone call Scott Johnson 10/19/2015 1600 1606 0.16 Phone call to Scott Johnson 10/20/2015 0.50 phone call to Jeff L, 10/20/2015 0.25 update to Scott J meet with Chiefs Leuer,Ruchti,Eisinger, Van 10/26/2015 800 900 1 Eyll 10/23/2015 1115 1215 1 Meet with Chief Belland Draft Memo to Scott Johnson from 10/26 10/28/2015 1700 1730 0.5 meeting with Chiefs 10/29/2015 1700 send email and memo to Scott N/C Invoice Date Accured un6illed time 10/8/2015 150 150 75 225 125 350 Paid 0 0 25 25 16 41 16 57 50 107 25 132 100 232 100 332 50 382 0 382 Fire Information Index 2 — Revised Hamel Fire Department Contract Request Document 1 E-mail from Mario Fabrizio to Scott Johnson dated October 21, 2015 on proposed updates to the Hamel Fire Department Contract Document 2 E-mail from Erin Barnhart to Scott Johnson dated October 26, 2015 on per capita information provided by the Hamel Fire Department Document 3 E-mail from Mario Fabrizio to Scott Johnson dated October 27, 2015 on timelines for requested review of the Hamel Fire Department Contract Document 4 E-mail from Scott Johnson to Mayor Mitchell dated October 27, 2015 on the proposed contract changes from the Hamel Fire Department Document 5 Letter to Scott Johnson from Tom Manning, Secretary, Hamel Fire Department Board of Directors dated October 27, 2015 and Hamel Fire Department's proposed changes to the contract Document 6 Document 7 Document 8 Summary information for Hamel, Loretto, Maple Plain, and Long Lake Fire Departments E-mail dated January 29, 2016 from Chief Van Eyll notifying the Hamel Fire Department they have been removed from their Box Alarms E-mail dated February 4, 2016 from Chief Leuer notifying the City of Medina that Hamel Fire has been removed from their Box Alarms on January 1, 2016 Scott Johnson From: Mario Fabrizio <mario.fabrizio@hamelfire.org> Sent: Wednesday, October 21, 2015 4:32 PM To: Scott Johnson Subject: HFD Contract Mark -Up Attachments: Hamel Fire Contract Proposed 2015 Updates.pdf Scott — thank you again for the time today, I appreciated the opportunity to have a candid conversation on the issues. My apologies for the abrupt departure. Attached is a red -line update using the current contract language as its base. The changes are small and deal with the 3 key issues of (a) contract term, (b) using HFD generated funding to offset operational expenses and (c) eliminating the need for HFD to go direct to City Council for approvals. All other language remains unchanged. As I said, and firmly believe, quickly moving on this will send the most clear and resounding message possible that Medina supports Hamel Fire and the fear mongering and sniping from the other entities will stop virtually overnight. However, without this, we continue to live 12 months at a time, unable to make any long term investments in people, equipment or facilities. Worse yet, the sniping and covert operations will continue. Unfortunately, as we discussed, emotions and sentiment are running high in the Department and at the Board level, and we (Jeff and 1) are doing our best to contain them. Honestly, the only leverage I have left to buy time on the subject is a sign, or some sign, of good faith that Medina will work through this with us collaboratively and quickly ... we don't have the luxury of months to sort this out. Let me know if you have any questions and/or want any follow-up to the points we discussed today, or if you have any questions on this mark-up. Please be aware that you have this mark-up in advance of my Board, who will not see it until Monday ... while that can get me in trouble, I believe it is a risk worth taking given the volatility if the situation. Thanks, in advance, for your cooperation. mewao Mario Fabrizio Hamel Fire Department (612) 360-9017 I. Scott Johnson From: Erin Barnhart Sent: Monday, October 26, 2015 7:23 AM To: Scott Johnson Subject: RE: Hamel Scott, The data Mario provided is the data that I provided to Mario. If comparing our data to the previous data Mario provided — the main point of interest is that Mario measures his data against the state benchmarks. in doing this the per capita rate is the rate most out of alignment because Loretto's per capita is significantly higher than the benchmark and Hamel under. Erin Barnhart City of Medina Finance Director Direct: (763) 473-8848 • Fax: (763) 473-9359 • erin.barnhart@ci.medina.mn.us 2052 County Road 24 • Medina, MN • 55340 ----Original Message From: Scott Johnson Sent: Friday, October 23, 2015 7:42 AM To: Erin Barnhart Subject: FW: Hamel Hi Erin, Please work with Joe to analyze Mario's data per Bob's request. Thanks, Scott -----Original Message From: Bob Mitchell fmailto:bob.mitchell@medinamn.us] Sent: Thursday, October 22, 2015 4:40 PM To: Scott Johnson Subject: Hamel Analyze Mario's data compared to the past, and to what Paul Rigdon said. Thanks. Sent from my iPhone &mei Volunteer Nre department 92 HAMEL ROAD • HAMEL, MN • 55340 TO: Medina City Council October 20, 2015 In September 2013, and again October 2014, the Hamel Volunteer Fire Department provided City Council with an analysis of Medina's fire spending. That analysis has now been updated with 2016 based budget forecasts. The following table represents the comparison of Medina fire service spend for the (4) departments, showing the changes from 2013 through 2016. Fire Department FY 2013 Charges % of Spend FY 2015 Charges % of Spend FY 2016 Charges % of Spend Hamel FD $144,417 55.3% $ 195,115 62.8% $202,215 63.8% Loretto FD • $ 87,307 33.4% $ 84, 931 27.3% $ 82,992 26.296 Long Lake FD $ 24,420 9.3% $ 24, 825 8.0% $ 25,726 8.1% Maple Plain FD $ 5,135 2.096 $ 5,665 1.8% $ 5,834 1.8% The following table represents the allocation of Medina's fire spend by department, along with the portion of Medina receiving protection from each entity. Fire. Department FY % of Medina Flre Spend 2013 % of Medlna Served FY 2015 % of Medina Fire Spend % of Medina Served FY 2016 % of Medina Fire Spend % of Medina Served Hamel FD 55.3% 71.6% 62.8% 74.2% 63.8% 74.6% _ Loretto FD 33.4% 15.3% 27.3% 13.6% 26.2% 13.3% Long Lake FD 9.3% 11.8% 8.0% 10.8% 8.1% 10.8% Maple Plain FD 2.096 1.3% 1.8% 1.4% 1.8% 1.3% Using provided data representing EMV and population in each fire service area, the following table represents a comparison of the charges by each department both on a "per capita" and "per EMV" basis. Fire Department % of Fire , Spend FY 2023 $per capita $per $100k MV % of Fire Spend FY 2015 $per capita $per $100k MV % of fire Spend FY 2016 $per capita $per $1QOk MV Hamel FD 55 3% $37.49 $165 62.8% $40.64 Ws $42Q1 $185 Loretta FD 33.4% $110.23 $451 27 3% $104.72 $426 27.3% $100.47 $411 Lang Lake FD 9.3% $ 37.98 $17Q 8.Q% $37.33 $164 8.0% $37.67 $160 Maple Plain FD 2.0% ' $ 54.05 $514 1.8% $50.58 $419 1.8% $54.53 $397 As a point of reference, the average "per capita" fire spend for Minnesota in 2011 was $74.48. While somewhat aged, it provides perspective when considering anomalies that have been previously identified and continue to exist. We expect Medina City Council and staff will spend the time to consider this analysis and the efficacy of the fire spend, both in terms of arnount and allocation. ario Ea� r h no e: (612) 3 9017 Email:mario.fabrizio@hamelfire.org Cc: Jeff Ruchti, Fire Chief, Hamel Volunteer Fire Department Serving Medina Minnesota and the Neighboring Communities Scott Johnson From: Mario Fabrizio <mario.fabrizio@hamelfire.org> Sent: Tuesday, October 27, 2015 7:59 AM To: Scott Johnson Cc: 'HFD Board; B Mitchell; Jeff Pederson Subject: RE: Letter from Hamel Fire Department Board of Directors The submitted document represents the position of the Hamel Fire Department's Board of Directors as of Monday October 26th at 10pm. am not empowered to speak on behalf of the Board. By being copied on your email reply, the Board has now received your response and I suspect it will act accordingly. Respectfully, 70evao From: Scott Johnson (mailto:Scott.JohnsonPci.medina.mn.usl Sent: Tuesday, October 27, 2015 7:47 AM To: mario.fabrizio@hamelfire.org Cc: 'HFD Board' <hfd-board@hamelfire.org>; B Mitchell <Bob.Mitchell@ci.medina.mn.us>; Jeff Pederson <jeff.pederson@medinammus> Subject: FW: Letter from Hamel Fire Department Board of Directors Mr. Fabrizio, Thank you for your letter and proposed changes. The review timeline discussed in the letter does not provide adequate time for review. I will review your proposal with Mayor Mitchell and Council Member Pederson by November 6, 2015. However, the full City Council will not be able to review your proposal until the November 17, 2015, City Council meeting. Scott Johnson City of Medina From: Mario Fabrizio fmailto:mario.fabrizio@hamelfire.orca Sent: Tuesday, October 27, 2015 7:08 AM To: Scott Johnson Cc: 'HFD Board' Subject: Letter from Hamel Fire Department Board of Directors The attached document is being sent electronically on behalf of the Board of Directors of the Hamel Volunteer Fire Department Inc. Hardcopy to follow via U.S. Mail. 1 %4fawi.o Mario Fabrizio Hamel Fire Department (612) 360-9017 2 Scott Johnson From: Scott Johnson Sent: Tuesday, October 27, 201512:40 PM To: Bob.Mitcheli@ci.medina.mn.us Cc: rbatty@kennedy-graven.com; Jeff Pederson Ueff.pederson@medinamn.us); Ed BeHand; Erin Barnhart Subject: FW: HFD Contract Mark -Up t 6friff Hi Bob, Issue a — Hamel FD has the shortest contract of the 3 departments. Long Lake any Loretto ave long term agreements in place. Maple Plain has a two year agreement, but serves the smallest area of Me • Ina. Issue b — Finance Director Erin Barnhart specifically mentioned this issue during our 2016 budget discussions. Hamel FD is the only department who serves Medina that uses their own generated funding to pay for a portion of their general fund budget. Staff was directed to bring this item forward as part of the 2017 budget discussion. Erin and I do not agree that we forced them to self -fund. It is their responsibility to present what their needs are for an operating budget and Medina did not force them to use their revenues as a budget offset. Issue c — Hamel FD is the only fire department serving Medina that is required to go directly before the Council for budget approvals. The previous Council put this language in place because of concerns with the viability of the department in 2013. When I spoke to Mario he thought the 3 other departments viewed the one year agreement with Hamel as an opportunity to eliminate the Hamel FD and divide up their territory with the other three departments that serve Medina. He explained that a 5 year agreement would eliminate rumors about taking over Hamel FD's territory, allow them to bank finance equipment and facility improvements, and provide stability for the department. Please let me know if you have further questions. Scott From: Bob Mitchell [mailto:bob.mitchell@medinamn.us] Sent: Tuesday, October 27, 2015 2:56 AM To: Scott Johnson Subject: Re: HFD Contract Mark -Up Please review the 4 contracts and the 4 data sheets we prepared in the spring of 2015, and give me your opinion. Also ask our city attorney his opinion. I do not see the connection Mario makes between the changes he is asking for and the negative opinions of the 3 other Chiefs. Do you? Sent from my iPhone On Oct 22, 2015, at 10:24 PM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote: Bob, Jeff, and Ed, I received the following e-mail from Mario Fabrizio. He stopped by City Hall yesterday and we discussed what Hamel FD needs to be successful moving forward. Below is his response. informed Mr. Fabrizio that the four of us would meet and discuss his requested contract changes once Mayor Mitchell returns home. He has requested that this information remain confidential. Scott From: Mario Fabrizio jmailtonario.fabrizioPhamelfire.orgi Sent: Wednesday, October 21, 2015 4:32 PM To: Scott Johnson Subject: HFD Contract Mark -Up Scott — thank you again for the time today, I appreciated the opportunity to have a candid conversation on the issues. My apologies for the abrupt departure. Attached is a red -line update using the current contract language as its base. The changes are small and deal with the 3 key issues of (a) contract term, (b) using HFD generated funding to offset operational expenses and (c) eliminating the need for HFD to go direct to City Council for approvals. All other language remains unchanged. As I said, and firmly believe, quickly moving on this will send the most clear and resounding message possible that Medina supports Hamel Fire and the fear mongering and sniping from the other entities will stop virtually ovemight. However, without this, we continue to live 92 months at a time, unable to make any long term investments in people, equipment or facilities. Worse yet, the sniping and covert operations will continue. Unfortunately, as we discussed, emotions and sentiment are running high in the Department and at the Board level, and we (Jeff and I) are doing our best to contain them. Honestly, the only leverage I have left to buy time on the subject is a sign, or some sign, of good faith that Medina will work through this with us collaboratively and quickly ... we don't have the luxury of months to sort this out. Let me know if you have any questions and/or want any follow-up to the points we discussed today, or if you have any questions on this mark-up. Please be aware that you have this mark-up in advance of my Board, who will not see it until Monday ... while that can get me in trouble, I believe it is a risk worth taking given the volatility if the situation. Thanks, in advance, for your cooperation. 'Maw' Mario Fabrizio Hamel Fire Department (612) 360-9017 Hamel Fire Contract Proposed 2015 Updates.pdfy 2 .IIIIII,. lfraINIP .e01.1Y... ailMINIP ,OMB *WPM �.� ,. i , 7k. i-i Vim ..„,.."; Atipriraftb%1 October 27, 2015 Scott Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Dear Scott Johnson, Ramer Voiunteer Pre Department 92 HAMEL ROAD • HAMEL, MN • 5534 This letter is being sent on behalf of the Board of Directors (the Board) of the Hamel Volunteer Fire Department (the Department). Management of the Department, by Articles of Incorporation, has been vested to its Board. As such, we have a responsibility to provide guidance and leadership to the membership on an array of topics. The most fundamental of these is the viability of providing emergency management services to the citizens of Medina as we have for more than 80 years. This Board, and its predecessors, has been forced to deal with a myriad of adverse situations over the last 36 months. In each case, an effective solution and/or approach was found without impact or threat to the services. In fact, by any standard of measure, the services delivered in that time were equal to and/or better that those of the other departments servicing Medina, evidenced by reports provided to the City. The entire organization continues to work tirelessly to support our ultimate customer, the residents of our community. Unfortunately, and disappointingly, during this same time period the Hamel Fire Department has also: • been held to a different standard than the other entities in measuring service. • been required to follow different paths for approvals and justifications of funding and budgets. • undergone a level of scrutiny in all facets of business beyond what any other agency would tolerate. • lowered the costs of fire protection it provides by being forced/expected to self -fund 15% of its operating budget. • provided Medina Council, on three separate occasions, analysis showing the disparity in fire spending and highlighting the chronic under -funding of the Department by Medina. ▪ been publicly and privately maligned and disparaged by members of Medina's City Council. • endured being treated as a second -tier service provider in spite of providing service to 75% of Medina, protecting more than 4,800 residents and properties worth in excess of $1.09113. To this point the Board has chosen to insulate the membership from these and many other issues. This was done to keep the volunteers focused on the delivery of services, believing that over time the emotion and rhetoric would subside and be replaced with a balanced, fair and professional relationship between the City and its largest (by more than 5 times) emergency service provider. Serving Medina Minnesota and the Neighboring Communities Unfortunately this has yet to happen. We continue to spend the majority of our energy and effort on "politics" and valueless topics that do not serve to improve services or build a future -state environment. Recent events have brought us to the point where we can no longer, in accordance with the duty of care and loyalty owed our organization, continue to advocate the approach of "taking the high road". This organization not only deserves, but also requires, an endorsement and tangible sign of good faith on the part of Medina City Council, and the citizens they have sworn to serve. To that end, attached to this letter is a proposed markup to the current "Agreement and Contract for Fire Protection Services". The changes represented in this document have been carefully chosen to succinctly identify the items that are critical to our continuing relationship with, and provision of services to, the City of Medina and its citizens. The amendments indicated in the document are self-evident and reflect a minimum set of changes that should be easily reviewed and decided upon by the City. While we typically would not specify a deadline, for a number of reasons, time is now of the essence. Accordingly, the Board requires Medina's acceptance of the proposed changes by Friday, November 6, 2015. At that time the Board will determine whether to continue moving forward with the City of Medina or to have the membership decide on the future direction of the Hamel Volunteer Fire Department. We look forward to your response, Tom Manning, Secretary Board of Directors Hamel Fire Department Inc., LLC Cc: Board of Directors, Hamel Fire Department Inc., LLC Attachment AGREEMENT AND CONTRACT FOR FIRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this 20th day of December, 2413-2015 by and between the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter referred to as Hamel VFD). WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide fire protection service to Medina. WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1. Definitions Administrative Expenses - Those expenses not directly related to the provision of Hamel VFD services, building or equipment maintenance, and personnel education and training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant fees, office supplies, computer expenses, health and safety programs and labor costs associated with department administration. Annual Fire Services Capital Budget - The calendar year capital budget of Hamel VFD. The Annual Fire Services Capital Budget includes major equipment items and major repairs/rehabilitation of the Fire Station. Annual Fire Services Operating Budget - The calendar year operating budget of Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of operations including, but not limited to, the costs of the on -going operation and maintenance of the fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire Relief Association Retirement Fund. City Fire Service Area - The area within a Contracted City provided fire protection by Hamel VFD under this contract and shown in Exhibit A of this Agreement. Contracted City(ies) Any city which is a party to this Agreement for purposes of apportioning costs of services. At the effective date hereof the Contracting City(ies) is Medina. Emergency Management Services - Functions that shall be performed by Hamel VFD as identified in the respective emergency operations plan of each Contracted City on file with the Hamel VFD. 1 Emergency Medical Services - Functions that shall be performed by Hamel VFD directed at the provision of treatment to patients, including first aid, cardiopulmonary resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced Life Support and/or transport to a hospital or other health care facility. Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director and other designated representative(s) of each Contracted City. Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at rescue, fire suppression, property conservation or special operations involving individuals, buildings or property that are involved in a fire or other emergency situation. Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire cause investigation and determination, pre -fire planning and inspection, hazard identification and elimination, public education, and other activities with the goal of proactively improving the safety of life and property. Hazardous Materials Response Services Functions that shall be performed by Hamel VFD directed at the identification, isolation, mitigation and/or removal of hazardous materials. A hazardous material is defined as any substance that presents an unusual danger to persons due to properties of toxicity, chemical reactivity or decomposition, corrosiveness, explosion or detonation, etiological hazards or similar properties. Municipal Share - The portion of the Annual Fire Services Operating Budget that will be funded by service fees paid by the Contracted Cities.In no event will the Municipal Share be reduced or minimized by the application of donations, fund raising or any other source of funding undertaken or provided by the Hamel VFD or any of its affiliates. Rescue Services- Functions that shall be performed by Hamel VFD directed at locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and preparing for transport to an appropriate health care facility. Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted Cities. 2. Services to be Rendered During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting Services, Fire Prevention Services, Emergency Management Services, Rescue Services, Emergency Medical Services, Hazardous Materials Response Services, necessary building plan reviews and related fire protection services to the Contracted Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A 2 2: •••:. (hereinafter referred to as the " Total Fire Service Area"). All of said Total Fire Service Area is located within the corporate limits of the Contracted Cities. 3. Level of Service A. Hamel VFD shall endeavor to provide the services Iisted in Section 2 of this Agreement, including, but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of a Contracted City. In the event of two or more fire calls received within the same time frame, Hamel VFD shall respond to the call that involves a higher threat to life, safety and property. If comparable calls are received within the same time frame, the call first received shall have priority and the following calls shall be answered as soon as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. Hamel VFD will arrange for fire service and protection through mutual aid contracts as needed. B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts of a Contracted City if service is requested by a fire department having primary responsibility in that portion of the Contracted City; provided that such service shall be furnished as soon as reasonably possible, without jeopardizing Hamel VFD's service to the Total Fire Service Area. C. Hamel VFD shall regularly train all fire fighters in areas including, but not limited to, modern firefighting techniques and methods, HAZMAT response, and terrorism response which are applicable to the level of service required by this contract for a Contracted City. D. Desirable Performance and Service Measures I. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call. 2. Hamel VFD shall respond to each fire call within ten minutes of dispatch. 3. Health and Wellness (programs, selection, training) a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by Occupational Safety and Health Administration (OSHA). b. Hamel VFD shall require each fire fighter to receive a physical examination every two years. 4. The following information shall be reported to the Advisory Board: a. Quarterly Minimurn Reporting: i. Quarterly Calls ii. Quarterly Complaints iii. Quarterly Budget and Expenditures b. Annual Minimum Reporting: i. Statistics of all calls ii. Pension Obligations, including annual reports Response times iv. Fire Equipment Certification for State Fire Aid Payable 3 i v. Community Involvement and Outreach vi. Certification of Service Areas Protected (pertaining to Hamel Fire Relief Association) vii. Balance Sheet listing all Hamel VFD Assets and Liabilities viii. Compliance against the "Minimum Position Qualifications" described in Exhibit B of this Agreement for the current Hamel VFD roster. 5. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding fire protection, fire prevention, public life safety education, fire suppression, volunteer/professional qualifications, training, professional clothing and equipment, apparatus, and hazardous materials. 6. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding the ongoing maintenance, inspection and upkeep for all equipment used in delivering the services listed in Section 2 of this Agreement. 7. Hamel VFD shall comply with all OSHA rules and regulations. 8. Hamel VFD shall use an accounting style reasonably accepted by the Contracted Cities. 9. Hamel VFD shall implement a process for the handling of complaints related to the services listed in Section 2. The process will follow the framework described in Exhibit C of this Agreement. 4. Command Responsibility Subject to the terms of this Agreement, the Fire Chief of Harrel VFD or their designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and the emergency operations at such scene or scenes. The highest ranking official, with the highest level of certification, shall have command responsibility for medical emergencies. 5. Volunteer Fire Fighters of Hamel VFD Personnel assigned to provide fire protection services in a Contracted City shall be volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, insurance, etc. for said volunteer firefighters. The cost of such obligations shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire Services Operating Budget package. 6. Insurance and Indemnification Hamel VFD shall indemnify and hold harmless each Contracted City, their officers, agents, representatives, and employees, from and against all damages, claims, losses, costs or expenses including reasonable attorney fees, which may be asserted against a 4 ,tek Contracted City, or for which they may be held liable, arising from any act, omission, or negligence of Hamel VFD, its agents, employees and firefighters while engaged in the performance of services under this Agreement and as defined in Section 2. Hamel VFD shall maintain liability insurance for these purposes in an amount no less than $2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall annually provide a certificate of insurance to each Contracted City. The cost of such insurance shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire S e r v i c es Operating Budget. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 7. Liability Insurance Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing itself and each Contracted City as a named insured against any and all claims by Hamel VFD firefighters for personal injury sustained while performing services under this Agreement. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 8. Hamel VFD Operational Responsibility Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for managing the on -going operation and maintenance of the Hamel VFD Fire Station. This includes carrying hazard insurance on the Fire Station and its contents. The costs related to the operation of Hamel VFD, including the on -going operation and maintenance of the Fire Station, shall be included in the Annual Fire Services Operating Budget. 9. Budget Package Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire Services Operating Budget. This budget will become the official Annual Fire Services Operating Budget upon ratification by the Contracted Cities. When the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the budget without the approval of all parties to the contract except as provided in Section 13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget increase shall be limited to the average of the most recently approved annual General Fund Expenditure Budget increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is approved by the Contracted Cities and Hamel VFD. The Annual Fire Services Capital Budget must be approved annually by the Contracted Cities and Hamel VFD and is not subject to any automatic average annual increase. 5 9.1 Budget Process By June l' of each year during which this Agreement remains in effect, Hamel VFD shall provide an Annual Fire Services Operating Budget and an Annual Fire Services Capital Budget covering the costs related to the provision of fire protection for the next year. The budgets provided to the Contracted Cities must have been presented to the Advisory Board prior to May 1' for discussion and review. Although it is expected that the operating and capital budgets, which are provided to the Contracted Cities by Hamel VFD, will have the consensus support of the Advisory Board, that is not a requirement since each Contracted City has the opportunity for final ratification or rejection. 10. Term of this Agreement This Agreement covers the initial period of January 1, 20164 through December 31, 202044. A Contract Year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracted Cities and shall be renewed automatically for successive 2-year terms unless terminated pursuant to Section 20 of the Agreement. 11. Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Annual Fire Services Operating Budget, the following will be used: Special Equipment Fund - shall refer to monies set aside for the purpose of acquiring new or refurbished equipment as needed by Hamel VFD to continue to provide the desired level of service. Special Reserve Fund - shall refer to monies set aside for the purpose of emergency repairs and replacements of equipment and supplies required by Hamel VFD to continue to provide the desired level of service. The minimum value of the Special Reserve Fund shall be established at $100,000. This amount will be reviewed annually and revised upward as determined necessary. In the event the fund balance drops below the required minimum balance, an Annual Fire Services Operating Budget line item shall be established to amortize the deficit. 12. Capital Expenditures Capital expenditures include the acquisition, refurbishment and/or upgrade of equipment and significant maintenance, repair, or rehabilitation to the fire station. 6 Equipment to be considered Major Equipment include "rolling stock" and significant equipment assets required for performing the fire department mission in the Total Fire Service Area. To qualify as Major Equipment, such assets will typically have an initial purchase value, or other costs, of at least $5,000. Station maintenance, repair or rehabilitation considered as Major Maintenance will have costs of at least $5,000. Hamel VFD shall prepare a 10-year Major Equipment investment and replacement plan, and a 10-year plan for Major Maintenance. These 10-year plans will be the basis for the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack of disapproval of the 10-year plans by the Contracted Cities creates any obligation for final approval or funding of any specific capital expenditure. The 10-year plans will be reviewed and updated annually through the Annual Fire Services Capital Budget approval process. The current 10-year plan will be described in Exhibit D of this Agreement. During the annual budget process provided by Section 9 of this Agreement, Hamel VFD will review the planned capital expenditures, including Major Equipment and Major Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate the acquisition method and ownership shares for each item. In addition, Hamel VFD and the Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles acquired in accordance with the provisions of this Section 12. Without regard to acquisition method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will determine the use, maintenance and upkeep for all equipment used in the provisioning of services. Ongoing operational, maintenance, insurance and administrative costs associated with Major Equipment and Major Maintenance will be incorporated into the Annual Fire Services Operating Budget. The final approval of capital expenditures is done in accordance with Section 9 of this Agreement. When a Contracted City approves the Annual Fire Services Capital Budget, it is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the "Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated and determined available and necessary by the Fire Board. All plans and specifications for major equipment or facilities shall be annually approved by the Contracted Cities Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be done in accordance with Section 17 of this Agreement. Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization of these funds will only be done in accordance with the Annual Fire Service Capital Budget. Purchases funded through the Special Equipment Fund will adhere to considerations consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of this Agreement. 7 Major Equipment and/or Major Maintenance funded in accordance with this section will be listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The following information shall be recorded for each item: i. Item Description ii. Original Cost iii. Purchase Date iv. Ownership Shares/Allocation 12.1. Disposition of Assets Upon Termination In the event that this Agreement is terminated as provided in Section 20 of this Agreement: 1 For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a single party, that party is entitled to take physical possession of that asset For vehicles, this includes receipt of a title indicating sole ownership by that parry. 2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major Asset for cash at the current market value pro-rata to the original amount funded by the Contracted City, or based on the average historical allocation by all Contracted Cities. Hamel VFD has up to thirty (30) days after the termination to exercise this right 3. In the event Hamel VFD does not exercise its right to acquire full ownership of any Major Asset, the Contracted City with the largest ownership share shall then have the right to purchase full ownership ofthat Major Asset for cash at the current market value pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD. The Contracted Cities have sixty (60) days after termination to exercise this right 4. Any Major Asset not acquired 100% by a party through this process will be sold, and the proceeds ofthe sale divided between the parties pro-rata to the ownership allocation from the Asset Exhibit. 5. Any cash balance remaining in the Special Equipment Fund will be distributed to each Contracted City pro-rata to the original amounts contributed. All assets on the Asset Exhibit will be covered by this terminating procedure. Any other physical assets in the possession of Hamel VFD which are not listed on the Asset Exhibit will be considered the sole property of the Hamel VFD. 13. Un-Budgeted/Emergencv Expenditures Un-budgeted equipment repair, maintenance or replacement, building repair, supply replacement or other emergency expenditures exceeding 2% of the Annual Fire Services Operating Budget and having a potential negative impact on the operational capabilities and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund. Notification of the use of the Special Reserve Fund will be provided to the Advisory Board within 14 days, including a detailed explanation of the need. Any subsequent reimbursement or refund associated with an un-budgeted or emergency expenditure contemplated in this section will be credited back to the Special Reserve Fund. 8 14. Annual Audit of Actual Costs The Contracted Cities understand and agree that it is impossible to project with complete accuracy the actual costs of labor and equipment, as well as the service to be required by the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly audit to adjust the prior year's estimated cost of service as set forth above to the actual costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will tabulate the actual cost of the fire department budget for the prior contract year and will submit to the Contracted Cities a summary of the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year's Annual Fire Services Operating Budget. The Advisory Board shall recommend allocation or financing of any surplus or deficit that exists at the end of the fiscal year. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget amounts as provided in Section 13 and Section 15 of this Agreement. The Contracted Cities reserve the right to request an independent audit of Hamel VFD, at a cost to be funded by requesting Contracted City, provided the frequency is not more than biennially. 15. Non -forecasted Expenditures Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more shall be given in writing to the Advisory Board prior to actual expenditures for such items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be included in the Annual Fire S ery ices Operating Budget as if ratified originally. 16. Cost Sharing Formula Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter referred to as the Budget Share). The Budget Share for the initial Contracted City shall be 100% of the Municipal Share. At such time as there is more than one Contracted City, the sum of all Budget Shares shall be 100% of the Municipal Share. The determination of the Budget Share for each Contracted City will be based upon a formula which will be agreed to by all parties. 17. Contract Payments The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal quarterly installinents on January 31, April 30, July 31 and October 31 of the next contract year by the Contracted Cities to Hamel VFD. The invoices will contain details for both elements of payment. 9 Budget) The amounts payable by the Contracted City in 20164 are as follows: Budget Share: $ 4-69;400202,215 (from the 20164 Annual Fire Services Operating Capital Share: $ 60;00070,000 (from the 20164 Annual Fire Services Capital Budget) Hamel VFD agrees to provide the Contracted Cities with reasonably detailed information relating to the actual expenditures against the Annual Fire Services Operating Budget upon request and on a quarterly basis and agrees to make pertinent records available to the Contracted Cities for inspection for the purpose of determining the basis for the allocation of costs to fire protection. I8. Arbitration If a Contracted City is aggrieved by the determination of Hamel VFD as to the allocation of the actual costs of the prior years' service, the Contracted City may appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by Hamel VFD, one to be appointed by the appealing City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointment of either of the first two arbitrators', the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of any Contracted City, the third arbitrator to the Board. The third arbitrator selected shall not be a resident of any Contracted City, and shall be a city manager or administrator. The arbitrator's expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 19. Fire Advisory Board Role The Fire Advisory Board shall meet no less than two times per year, with regular meetings scheduled in March and July for the purpose. of reviewing operational performances, setting goals and providing strategic planning. Any Contracted City or Hamel VFD may call meetings in addition to the regular meetings. This group shall discuss and make recommendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review budget updates. The Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating and capital budget proposals for the next calendar year and arriving at a consensus annual Fire Services Operating Budget and Fire Services Capital Budget according to the timeframes established in Section 9.1 of this Agreement. Advisory Board members are responsible for �sesecuring the approval of the operating and capital budgets 10 to the City Council of from their respective Contracted City -far -approval. The Advisory Board shall receive a complete copy of the Hamel Fire Relief Association's Pension Plan Audit as filed with the State Auditor, verifying that the pension fund's integrity is being maintained. 20. Termination of this Agreement This Agreement shall be terminable only as follows: 1. For convenience, any party may choose to terminate this Agreement for any reason provided that such termination is preceded by a minimum of a one (I) year written notice. In no event shall a Contracted City issue a termination notice earlier than December 31, 20194. 2. For cause, if a party breaches their obligations under this Agreement in a material respect and the breach is not substantially cured within a ninety (90) day cure period which begins when written notice is served. 3. By mutual written agreement of the Contracted Cities and Hamel VFD who are covered by this Agreement. 21. Provision to adjust City Fire Service Area During the term of this Agreement, a Contracted City may request that its City Fire Service Area be reduced or increased in size. Such a request of less than five percent of the City Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year. In the event that a Contracted City proposes an increase of more than five percent to its City Fire Service Area, Hamel VFD shall have the right to limit the increase to assure that coverage at the service level provided under this Agreement can be achieved by the Department. Such a request of more than five percent must be made one year prior to the desired effective date of the change. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracted City wishes to decrease and/or alter the location by less than five percent of its City Fire Service Area it may do so by specifying those changes in writing by May 1 of the year prior to the Contract Year in which such change is to be effective. In the event that a Contracted City wishes to decrease and/or alter the location by more than five percent of its City Fire Service Area, it may do so by specifying those changes in writing 3 months prior to the desired effective date of the change. 22. New Contracted Cities The Contracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted City as a party to this Agreement. Addition of a new Contracted City to this Agreement requires approval from each Contracted City Council of each currently Contracted City, which will not be unreasonably withheld. : Ti The Budget Share and a cost sharing formula will also be mutually agreed to by all parties. In addition, the parties will undertake actions to ensure that capital contributions made by a Contracted City prior to this event are considered when determining the capital contribution/outlay amount required by the new Contracted City to become party to this Agreement. 4 a -VFLi 'll + a...+e,. _ d_ _________ ____•1_- a these Contracted City. 23. Legal Compliance This Agreement is governed by the laws of Minnesota. All parties to this Agreement shall comply with all applicable statutory requirements. This Contract replaces any existing contracts and agreements between the parties and is approved by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above. CITY OF MEDINA MAYOR CITY ADMINISTRATOR -CLERK HAMEL VOLUNTEER FIRE DEPARTMENT FIRE CHIEF ASSISTANT FIRE CHIEF 12 Hamel Volunteer Fire Depart. MN Ch. 317A Non-profit corporation Date Medina's contract with Hamel is dated 12-20-13 Term The initial term is 2 years from 1-1-14 to 12-31-15 Renewal The term is automatically renewed for successive 2 year terms. Termination w/o Cause Either party may give a 1 year or more advance written notice of termination. No such notice was given on or before 12-31-14, so the contract is renewed for 2 years from 1-1-15 to 12-31-16. Within the 2015 to 2016 term, either party may still terminate on 1 year's advance written notice. Termination w/ Cause The contract may be terminated for cause. Budget By June 1st, the Hamel Volunteer Fire Dept. gives Medina: 1) An operating budget for the next year; 2) A capital budget for the next year. Medina Council ratifies "the budgets proposed." Recent Budgets For 2014: $169,400 Capital $60,000 For 2015: $196,115 Capital: $60,000 For 2016: $202,215 Capital: $70,000 If costs shared 50% allocated to market valuation 50% allocated to call hours spent in fire service area Budget History w/Corcoran: For 2011: Corcoran: $41,722.08 Medina: $132,931.92 For 2012: Corcoran: $47,647.07 Medina: $135,739.63 For 2013: Corcoran: $49,421.79 Medina: $143,134.25 Loretto Volunteer Fire Depart. MN Ch. 317A Non-profit Corporation Date Medina's contract with Loretto is dated 1-1-13 Term The initial term is 3 years from 1-1-13 to 12-31-15 Renewal The term is automatically renewed for successive 3 year terms. Termination w/o Cause Either party may give a 1 year or more advance written notice of termination. No such notice was given on or before 12-31-14, so the contract is renewed for 3 years from 1-1-15 to 12-31-17. Within the 2015 to 2017 term, either party may still terminate on 1 year's advance written notice. Termination w/ Cause The contract may be terminated for cause at least (90) days prior to date of termination. Budget The cost of Contracted Services to the Cities shall be determined by formula for each calendar year during the term of the Agreement, using the Cost Allocation Data described in Exhibit D of the contract. Estimated market value of all properties that are not tax-exempt within the Fire Service Area will determine 50% of the cost, and average usage of Contracted Services over the three (3) most recent calendar years will determine 50% of the cost allocated to each Contracting City. The source of estimated market value shall be amounts compiled by the office of the Hennepin County Assessor and provided to the Department by the Contracting Cities prior to July 1 of each year during the term of this Agreement and any extended or renewal term. Recent Budgets For 2013: $96,537 (includes Capital) For 2014: $83,266 Capital $17,839 For 2015: $80,575 Capital $18,000 For 2016: $79,978.87 Capital $22,600.50 Maple Plain Fire Depart. City Department Date Medina's contract with Maple Plain is dated 10-15-13 Term The initial term is 2 years from 1-1-14 to 12-31-15 Renewal The term is automatically renewed for successive 2 year terms. Termination w/o Cause Medina or Maple Plain may choose to terminate its participation in the Agreement provided that such termination be effective on January 1 of the subsequent year preceded by a minimum six-month written notice. Termination w/ Cause Immediate termination may occur for breach of contract following written notice. Budget The base compensation for the budget is an annual amount equal to the previous year's Base Compensation plus the year's annual Consumer Price Index (CPI) percent increase for the Minneapolis -St. Paul Metro area as published by the U.S. Department of Labor Bureau of Labor Statistics, but not less than a 2% increase and not to exceed a 5% increase. Plus, an hourly rate equal to $125.00 for each call hour serviced in Medina by Maple Plain which exceeds 100 call hours in each calendar year. Recent Budgets For 2013: $5,135 For 2014: $5,238 For 2015: $5,342 For 2016: $5,502 Long Lake Fire Depart. City Department Date Medina's contract with Long Lake is dated 10-15-02 Term The initial term is 20 years from 1-1-02 to 12-31-20 Renewal The term is automatically renewed for successive 5 year terms. Termination w/o Cause For breach of contract. By mutual agreement of all cities covered by the agreement. City of Medina may terminate its participation in this Agreement without cause, subject to providing a twenty-four month notice of termination. This agreement may be renegotiated or terminated by the cities to enable participation in a fire district or similar organizational arrangement. Termination w/ Cause For "Good Cause" by any city that desires to terminate its participation in the Agreement provided that such termination is preceded by a minimum of 36 months notice. "Good Cause" shall mean, but is not limited to, a pattern of inadequate service quality; including inadequate response to call, inadequate training, and inadequate handling of calls; and/or a pattern of budget overruns. Budget Each of the Contracting Cities receiving fire services from the Long Lake Fire Department shall pay a share of the costs of the Annual Fire Services Operating and Capital Budgets. The City's Budget Share will be based upon a formula, which takes into account the Market Value of the protected property and the fire department staff resources utilized to protect the property. The objective is to fairly allocate "insurance" type costs and "effort and variable" type costs. The Contracting Cities have agreed that 70% of the share allocation will be based upon Market Value and 30% upon fire departments hours expended on calls to the City Fire Service Area. Recent Budgets For 2013: $24,420 For 2014: $24,220 Capital: $5,248 For 2015: $24,977 Capital: $6,000 For 2016: $25,263 Capital $7,000 Loretto Fire Department Fact Sheet Entity: Loretto Volunteer Fire Department Inc. Principal Officers: Jeff Leuer - Fire Chief/President, Tim Ryan - Asst. Fire Chief/Vice President, Terry Ryan - Treasurer, Gregg Johnson - Secretary, Bill Rosati - Trustee, Rick Altendorf Trustee, Scott Wendland - Trustee Mailing Address: PO Box 22, Loretto, Minnesota 55357 Station Address: 259 Medina Street North, Loretto, Minnesota 55357 Equipment/Facilities Do you own your own land and building? If not, who owns them? yes, Loretto Fire Department owns our current location at 259 Medina Street. We also purchased 7.9 acres located at 4375 Chippewa Road in Medina for future building site. Land area in square feet: Approx. 40,000 Square Feet Building area in square feet: 4,000 Square Feet —Apparatus Bay Area, 400 Square Feet- Meeting and Training Room Describe principal vehicles: See below in CIP Who owns the vehicles? Loretto Fire Department Inc. Please provide information on the age and projected replacement cost for your department's fire trucks (CIP)1990 Ford Grass Rig - $184,400, 1991 Intl Rescue - $320,200.00, 1996 Pierce Pumper - $574,400, 2000 Pierce Pumper - $640,300, 2007 Pierce Tanker - $234,20.0, 2009 Lark Trailer - $4,770, 2006 Ford F250 Super Duty - $31,800, 2012 Pierce Rescue - $209,300, 2009 Polaris Ranger Grass Rig - $25,300, 2003 Ford Expedition - $35,200. Service Area What area do you serve in Medina? Northwest Area What other areas do you serve? City of Loretto, Portions of the following Cities: Greenfield, Independence and Corcoran What is the population of the area in Medina you serve? Est. 828 What is the market value of the property you serve in Medina? $199,230,100 Personnel How many members in your department? 30 What is their average age? 37 What is their number of years of experience (average)? 8.86 Years What type of limitations does your department have based on your training and/or equipment to respond to different types of fires? None, we have mutual aid. 2 Hamel Fire Department Fact Sheet Entity iirim Ft2.3P,g Principal Officevi, Q Mailing Address Et. � S5- 3`)b Station Address E ui men Facilities Do you own your own land and building? If not, who owns there? YE-5 Land area in square feet / Building area in square feet AMIN 1, 7 Z 8 Describe principal vehicles Strif ATP c14 ED Who owns the vehicles? HFD w PIN xc.401; eidtA Nzve awvA D:0N_ R/K (er ma F rezePta Please provide information on the age and projected replacement cost for your depetes Ere true s lD� .40420vd60 26/S- CIP) /Ls .Su :v47Ji7k) 4.640 ,499ez.ove, Service Area What area do you serve in Medina? ,mac 17)>Kfrit„ p Sozytur Cow ( fp What other areas do you serve? By ,i~Ave-7 oho ~no t y,D fAo viol.-O i� e+ma 1L What is the population of the area in Medina you serve? `i��o 7 C n�rpm. - 4/, al/Y What is the market value of the property you serve in Medina? y'q Q, 1p2 j 80 O W 101AD RV iiryYNA �-6)11":) p`/Jr5 1 Personnel How manymembers in your department? . - gel (ems .# F 2�.//ds What is their average age? (.3 what is their number of years of experience (average)? 7. �. What type of limitations aloes your department havebased can your training and or equipment to respond to different types of fires? atc p."2-9T is, ) A) le .,tiA) U Eau, pee() m rn W .10w— ✓ na) %kJ 1- 1;,04.1®,;)et tad) ."-Alg- Lay s.cc.)ets- t94U0 cin)gloitd oF r fette. ?WC far- c, 3 ex ce-L-o /73 G9ee,pzic 17 , .0- --0 s e -suedAys i+C Aar �. 4-11 rreve-44?jblq<?*FPP9-7 C'3CotV Re"74rir)) 2 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT A: CITY FIRE SERVCIE AREA Version: December 4, 2013 [HE E rd if, g 1/4/t rNio — p 0 a Exhibit A: City Fire Service Area Page 1 ATTACHMENT t¢ the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHti11T F: ASSE` Version: December % 2013 .k • • 3 r 'f 1984 Ford (Engine. E-12) & reforb 2006.Spartan (Engine E=11) 2007 Pierce (Tanker T 11) 2008, Ford ('Grass Rig G-11) 1985. 2006. 2007 2008 • 341 179 27% 23% 79 23% EST WA irstozr VALuirf-AS oP 4/79 /O. roo int 4 aP4 N2404. fArig tag. 40.0 - .s4 Exhibit F Assets Page 1 94% 73% HMI Vehide Desaiptien Estimated Repbcemm ent Cost Estimated 1:61V (es of June 2023) _ 2006 Spartan Pumper $ 495,000 $ 210,000 1984 Ford Pumper $ 460,000 , $ 50,000 1988 Ford Rescue/Utility Truck $ 206,000 n/a 2007 Kenworth Tanker $ 275,000 $ 160,000 1980 Ford Tanker $ 183,000 Oa 2008 Ford Light Rescue Truck _ $ 104,000`$ $ 26,000 60,000 n/a 1999 Suburban Command Vehicle 2014 Polaris 900 UTV ° $ 25,000 ' Oa AirrLiftBart Repieenment hbilta4i* PnrubleAtiKteni faisten Reigae MM 9 Eghai it Removai 15,000 15,000 rheainsri !mini 21 Trash tine 30,000 10,000 ant z415"i)t2" • 12,000 tiftCer VehtNe • ��i�$CLI�:TQppl „ a e ire ,r„paren a� tmLmant P an .... P PO • Xi 1 Ca u, et 55,000 . {4000 45,000 45,000 Beribrillator 3,000 3,000 fit� qusriilgitretrailt tralf88818}Vehlam Reidemninit 65;000 20l000 • 10,000 2014' aw s 2015. CAit ovon {Mar.Ysar) PURCHASED or RIMMED YEAR-END BALANCE 4R;S00 11,500 - -6iiA° 1. i1,500 84,91,7 MOM 6,583 isaa MO 60300 74o 74 200,000 418,547} 214,.740 zoo** (33,287) 214,740 200.000 {48.0271 210,420 200,000 (SSA 47), 210,420 Z00,000 (6B,667) 100,420 200,000 49,207) ,V,1,30 49,7c7){ �'1 47,50111487,000I. 30, 30,000, 75,000 " .. � _ � .� aoa0©f lo,Qo.� woo. -�.ZaooQ � looao T 3:0;000 I 6, , 1,095' . (5,807) 200,000 {3,807) Z1,4,740 418,547) 433,287) (as,027) (S8,na7). (68,867), 459,297) LEGEND: L . No change from 2013 Plan submission S Something changed from M13 Plan submission A Added since 2013 Plan submission Funding removed from 2013 Plan submission Items removed from 2014 plan capital plan submission: `Bldg - ExhausfiRemoval System Engine 11 Trash tine E11 Rescue Tool Replacement Defibrillator Air Lift Bag Replacement Portable JAWS tool Items with changes from 2014 Capital Plan Submission: Ongoing PPE,Replacment Duty officer Vehicle Ranger Vehicle Utility 11 Overhaul/retrofit Engine 11'Refurblshment Pumper/Tanker Items added since the 2014 Capital Plan Submission ["BiddS 1117 prov eent removed assuming no need with new station removed assuming no need with pumper/tanker moving in go after grant funding to support replacement go after grant funding to support replacement go after grant funding to support replacement go after grant funding to support replacement, if still required ramped up from 5k to 10k annual starting in 2016 to support PPE retooling timimg is the same, increase amount from 10k to 15K to support more capability same amount but moved in to 2014 to support migration of G-11 to full R-11 moved out 2 years, suggest using funds to purchase a used utility in place of refurb moved in 2 years moved in 3 years and amount reduced from 550k to 450k assuming slightly used 'Added to suport construction of new facility, assumes land transaction separate 02/20/2015 3:17 rx FAL 'm14792183 BC FAX rib000l/0002 Maple Plain Fire Department Fact Sheet Entity fita 4- r/ter Princip I Officers 404Voe.- t r s+ r1-j.z.e-c 4 r.e p d� Mailing Address APO > �7 fruzyLe- rPy MrE 4-T ? 77 Station • dress 4 et fl t C* et.R.a/ea, Ax� ",~" M-r h fi i -es Do you • n your own land and building? if not, who owns them? y` 14 arjel3 j e e.,. ! 11 Land at) _ a in square feet eor , 8 trAe5r44, ,.." 76/4, 12, fr Buildin area in square kiwi, gf, �,. AA. Tc•�. , . r,. k •,aJ feet � d �s 2 tecec44 C .��Rp 1 a3-7FArsrr "--`.t`>/��a 1::::::: o~est rwwe die ey .•4TAragr Descri � l principal vehirdes r i-ne/sie•�,� dP.".r � " 27" A,r r 455, fi ,/ Air "�' 4 u`L..' f 4414 A45dc may t r2k�v0, y.�� t Who o ns the vehicles? �,f s 1 f 1 "t roil eige eke I Please provide information on the age and projected replacement cost for your department's fire trucks (CIA) 4?!.2 MrAjrid"l 42,IQ'Aglaia/ 1 What a What o What is What is do you serve in Medina? ' . G _ [vcia/Aw-ess'Corn her areas do you serve? Mr eti `ul y_e 0704 OS 6. he population of the area in Medina you serve? t.:1� C' _Ark, he market value of the property you serve in Medina? l7,/ You i 02/20/2013 3:18„FM FAX 7034702183 BC FAX How m ny members in your department? 27 What is their average age? As.. 144 •+1.04), _ What is their number of years of experience (average)? 5 41 / ax i 'sal. What pe of limitations does your department have based on your training and/or equipment to reap* to different types of fires? e dog f effl j?`*Ari. 7, 0002/0002 2 Long Lake Fire Department Fact Sheet Entity _Long Lake Fire Department Principal Officers _Full-time Fire Chief James Van EyII & Paid -on -Call Assistant Chief John Hall and Deputy Chief of Administration DJ Goman Mailing Address PO Sox 606 Long Lake, MN 55356 Station Address LLFD Station 1 LLFD Station 2 340 Willow Drive N 3770 Shoreline Drive Orono, MN Orono, MN Equipment/Facilities Do you own your own land and building? 1f not, who owns them? _Station 1 is co -owned between Long Lake and Orono. Station 2 is owned by Orono. Land area in square feet: _Station 1 is 88,906 sq. ft. (2.04 acres) and Station 2 is 1.88,729 sq. ft. (4.33 acres) _ Building area in square feet: Station 1 is 17,428 sq. ft. Station 2 is 6538 sq. ft. Describe principal vehicies_We have 3 engines, 2 tankers, 2 command vehicles, 1 heavy rescue,1 light rescue, 3 utility vehicles,1 AN and 1 boat Who owns the vehicles?_An engine and light rescue are owned by Orono and the rest are co -owned between Orono and Long Lake. Please provide information on the age and projected replacement cost for your departrnent's fire trucks (C1P)_Please see the other documents Service Area What area do you serve in Medina? We serve the Momingside area of Medina. Homestead Trail to the south side of County Road 24 to the west side of Tamarack Drive south of County Road 24. What other areas do you serve? We serve 95% of Orono and all of Long Lake i What is the population of the area in Medina you serve? We serve about 657 citizens of Medina What is the market value of the property you serve in Medina? We serve $151,783,800 Personnel HOW many members in your department?. `We currently have 40 mernbers on our D epartrnent What is their average age? _The average age of our firefighter is 44.6 What is their number of years of experience (average)? _The average years of experience of our firefighters are 10.01 years What type of limitations does your department have based on your training and/or equipment to respond to different types of fires? _Currently all of our limitations are being met through auto aid and mutual aid. The main limitation is a ladder trudr and we use our neighboring communities apparatus' through auto aid set up with Hennepin County Dispatch Center: We: have only one fire/rescue boa so once it is docked on Lake Minnetonka we rely on Hennepin County Water Patrol to assist us on Long Lake. We do have a zodiac that we use on Lung Lake. 2 2015 - 2029 GIP for Vehiclesp E LH and. Buildin Replace E 12 with new rescue ,pumper Replace 1111 with new utility vehicle iieplaca U73 with new valtic Paipet Replacement and Paint at Station 1 Refurbishment of EAC & COMM RM Portable Radio Replacement Portable Radio Replacement Subtotal Fire Equipment Resale Revenue Fundi Level from tits titles CIR Fu Level Ire U21 w9h new utility buck oe >_11 with new new rescue pumper e.�,'7�402 with new CMD2 4 1440,t100 $25.000 485,000 $440,000 5K for selling E12 $85,0 2K for selling old Ulf 575,000 2K for selling old U13 $50,0 $380.374 $21-, $440�006_ $50,000 $21, .650 $103.000 $103,000 $64.374 $107,374 $26,000 52,000 $103.000 $103.000 $21,000 $21,000 Replace 5 portable radios $21,000 Replace 5 portable radios $106,000, $642.000 $2.000 S s= $103,000 51$,000 $189:374 $288,374 $268,374 a�1•_''.s 202; tiji{1 20,N $oii100� 1147s,000 $475,��� Replace CM01 with new eMD1 vehicle Porleble Radio Replacement $85L000 $45,000 Carpet ReQlacement and Paint at Station 2 Replace SC Portable Radla Replacement Subtotal Fire Equlpment Reeate Revenue Funding Level from the cities CIF' Funding Level $30,000 $250.000 $45,000 S22,000 $22,000 $0 $46,000 $22,000 $30 000 $250,000 $22,000 $260,000 $974.000 $4,000 -$2,000 $s,o0o mow $103.000 $103.000 $103,000 $103,000 $103000 515,000 5288,374 ST21.374 198,374 $140,374 $21EL374 -$178�26 $1.30,000 $62,000 $45,000 $497,000 otes 5K for selling old E11 2K for selling old U21 2K for selling old CMD2 �-lrl. "8E'1G '�4f0 Ea21 ,='t. 0 Rtr2o nt rpae $ eubsmnf E18 Talr wteie ad talr $0,01000 i 1o20002008 otbe Rdo Rpaeet $500 5 0 5ralaielcmn2:0 09 Sboala Eupet $0 $2,02000 $600 $0,0Rsleeu2o0 $,0 udneerm te tte1300 $0.01300 $0,01300 5800 I' Fnig Lvl •1988 4486 8aas 24 -vsoeM 2K for selling old u13 Replace 5 portable radios N Replace 5 portable radios Notes 2K for selling old R21 Replace 5 portable radios Replace 5 portable radios 2015 - 2029 OP for Ve tee, Equip and Euild n ce err Oh new resew pumper tsp7at� t.113 wAaxiew WNW vehlde [Replace T12 with newts/deer don.2 Realm:anent Porlabae Radio Reetacerneat I Subtotal Fire 6quikimed Revenue Fu'hdiag Level from the cries P Funding Level ;le Revenue meting Level from the sillies Funding LaVal it J1 ll Radiate $12 with new 1771 with nay/tanker (Replace .1 with new ut(idv�velikt ' 11 1 I I ��r I IL f ll. - 1 $1513.001 [ ll 0001 IfI 1 1 =PM1 1( Gael® So 1103 1 i i 103 000 10.3000 5103, $5.000 $2,000 $2,000 $16K.I1i1 5109000 $103,000 I 1 � Ehl I $150,000 r '$900,000 r szo $25,000 MIE =_ 1'1'1 $9.000 1 5Kfor. selling old E21 21{1or selling old IJ13 vehicle 21Cfor selling old 112 Replace 5 portable radios place 5 portable radios 2K for selling old T12 I 1i $50 000121( for selling old CMD2 1 ll �475,000 SKfor sealing old R12 3100;0dt112,1(for selling .old Wady vehicle 55 t>FIO 12R for selling old C3AD1 -EIM.111 :'KTI Stl tl1i. $40,000 $qp90/� 0�0y0 $30y, ,000 111,000 1516,000 Replace B portable. radios Replace 5 portabie radios big of Long Lake .• Making���� . c i� *Oa The Long Lake Fire Department prides itself on being fiscally responsible with both our operating and capital funds. We have used other funding sources, such as Second Call funds, when a need was identified and the funds were not available in the capital cultivated relationships with our re was hired n 2008, the curren priority was to replace th.,--47 in our fleet an a water tank. Th issues with this The Depa spending immediat created upgre is re to pa to 3 • ita# imp rg's. Included in oG 'portable radi :tankers to, re we mo ri our dri Iagain in' raper T. 277 e tanke In 2014, 15 and:we ft The Engi 1 more efficient in the futUr9. All of o pump. Our first out engines at eac _c ladders, fans lights and medical eq fit in 2004, E12 in 1990 and means an engine should b:- ! Department is asking 6 _ ace s s to a lower call yIS +ent is trying tp pla he monie, • ing into the plan. Engine,ll • • purpose, - a home,seeile tank t ling to happen. It y attention was an old en '* The Department tried to replace it on a rap a engine shortly after the grant rejection. Th = on its replacement when the De rtment had other =. After -tin_..__ tievel of Capita Funding from e t' Included not only vehicles but also equip oilier equipfnent that cannot be replaced whe • tour plan again in 2010 and we ldentifi pis not only our response area but also out mute. to improve our dy' ers at Station 2. It took us dire the process lhis In ave 1 gallons of co :red air fo♦tea { 1 an k { are at Sta Il hard 15 years and a back 1+ r their lives can to be repla l ;'rent schedui hide eed D rifles to fill this need. The Department has vehicles at times too. When 1 replacement. Our first the most dangerous a . , , •x"� r,�--fas modified to accept �a � raw cab. The a F ; ,t successful. Q arfsn- not justify par#ment is i j at maki 20 gallons of and a 1 Clams or CA they each bile at Station 2. E r engines every 20 engine for 5 years. So yo nded if the apparatus jowly to mid 2020s. the futurl is a better fit � LONG LAKE FIRE DEPARTMENT 450 Virginia Avenue, PO Box 606 / Long Lake, MN 55356 / Phone (952) 473.9701 / Fax (952) 473-1710 / www.lonalakemn_so Monie p pa � o We i or - I F d# the -r d Tankers or Tender Trucks (T11 and T12) The tankers main purpose is to provide water in a non -hydrant area or where the hydrants are not functioning. One tanker, T11, carries 3500.gailons of water and the other caries 2000. T11 is housed at Station 1 and T12 is at Station 2. T11 was built ustry standard is to replace the tankers every 23 years, which means them. `then spend 5 years as a back up. However their lives can be �a, nTt ponaia-- �; The Department has our tankers scheduled to re a ecuiventlye��=r Both of out-, - ry responding vehicle kr medical§ at Won equipment. This vehicle is a need on a scene but cannot carry 2004 and R21 in 2003. Indt a` truck should be the first "ad if the apparatus ryas � �� _to a .R21 is a very ur lull time or tit` m ck&-vr.xt, Id be .2onding shortly behind it..�: very Ied time to try this before they a: odels. They might be In our near future. Weec ue'12 Rescue 21 carry III a : carries aca F = stele ° « e hack up for the ne IFS coniporm: -Members ter are 'ern. qd wales . R21 is e rescue sup. " d some of egR�ip.n��, + the De 2. R12 sy 20 years, which mea However their lives can '•, 0 designed for a Depa .ti-._ .tktit:k and ari a eF `k on the As yoti as LO don't Rent& not " Ing a . o )se nent LONG LAKE FIRE DEPARTMENT 450 Virginia Avenue, PO Box 606/ Long Lake, MN 55356 / Phan (952) 473.9701 / Fax (952) 473-1710 / www.tonelakrmn.env C��g .off Long La .. Making life better. Together. .fie Utility Vehicles (U11, U21 and U14) Utility vehicles are just that. They respond to many different types of calls. U 11 is the main medical response vehicle for Station 1 and also responds to all grass fires. U21 is the main response vehide for grass fires and the back up medical response v classes that they might attend. U1 anywhere we are not able to 11 was built in 1998, U1 schedule on these can be extended The Lor then donated d ve U1 to a Depa ve i e. = 2000. Toe really ' in i su grass rig is replac,v= end to lower call volume. jnent's elief Association Second Call Fundtu ke specifically for use by the Long Lake Fire f -p and Vehicles (CMD1, CMD2 and The command vehicle's main_p_ re vehicles that our officer, command person on s a = = =tion, develop an in- r vehicle, w very 10 y,= 'However their lives can ntly u , s a shadow duty officer vehi „•e classes. It is housed out of Station 1. The graphics for U13 were paid for by Secd. Uti 13 Command 2 it to transport members to any outside for grass fires on the trail or by boat to Big Island. Utility - e r a replacement , mever their lives d U14. Itwas d control the s and then respond diortly to the scene. It is imp .. this allows us 11 rZ that. They are able tois t ,-.2001. Indus ndard o replace th - s, , ., 11 . • 'ower call v ��q�ra Uansport 1d donated U13 to the � Ake ds. LONG LAKE FIRE DEPARTMENT met information' responding units. CM Command 1 kers 450 Virginia Avenue, PO Sox 606 / Long Lake, MN 55356 / Phone (952) 473-9701 / Fax (952) 473-1710 / www,longlakemn.gov HDa eo.• i Matting Iife better. Together .400. Fine Boat (B11) The fireboat's main purpose is to respond to all lake and Big Island emergencies. Bi l was built in 2004 and has a 1000 GAM pump. it is also built to transport .U14. There does not seem to be an Industry standard for replacement of the fireboat so the Depa moved it out a few years to help replace the boat itself just th sound. This boat and t Iacemsnt schedule. we have singe ' Department will not need to on the structure being LONG LAKE FIDE DEPARTMENT 450 Virginia Avenue, PO Box 606 / Long Lake, MN 55356 / Phone 052) 473.9701 / Fax 052) 473-1710 / w wlonflakemn.eov Scott Johnson From: Ed Belland Sent: Friday, January 29, 201611:49 AM To: Scott Johnson Subject: FW: Box Alarms From: James Van EyII(mailto:jvaneyl101onglakemn.gov] Sent: Friday, January 29, 2016 11:40 AM To: Jeff Ruchti Cc: Ed Belland; Weske Scott Subject: Box Alarms Good Afternoon Chief Ruchti, The Long Lake Fire Department is removing your fire department from our box alarms. I will let you know when this and all of our changes are implemented with Hennepin County Dispatch. If you have any questions about this, please call me and we can set up a time to sit down to discuss. 1 informed my Fire Advisory Board of the changes we were making to our box alarms at our meeting last Wednesday. Medina asked me to send you an email with this information. Thanks James Van Eyll Fire Chief Long Lake Fire Department jvaneyll@longlakem n.gov Scott Johnson From: Jeff Leuer <jleuer@ci.loretto.mn.us> Sent: Thursday, February 04, 2016 8:45 AM To: Scott Johnson Cc: Ed BeHand; Jeff Pederson Subject: Box Alarm Updates Scott, In light of the recent discussions concerning the box alarms, I wanted to bring Medina up to date on recent changes made by the Loretto Volunteer Fire Department. Maybe this will bring clarity to the situation. On January 1st 2016 Hamel Fire Department was removed from all our box alarms in all of the area's that Loretto Fire Department serves (Corcoran, Greenfield, Independence, Medina, and Loretto). Hennepin County Dispatch confirmed with us two weeks ago that this process had been completed. I have replaced Hamel Fire Department with the Plymouth Fire Department in these box alarms. The reason for this change is first, the legal letter received dated November 5th 2015 from the Hamel Fire Department that you are aware of and the City of Medina was copied on and advice from our legal counsel, second, to provide the best possible fire delivery service to all of the cities that we serve. These box alarm changes are different from the June 2015 box alarms change which Loretto made which were due to equipment needs, redundancy of equipment and to better serve just Medina residents. Please pass this on to your council members as I have received inquiries from them and any other people in your organization as you see fit. Sincerely, Jeff Leuer Fire Chief Loretto Fire Department 259 Medina Street North PO Box 22 Loretto, Mn 55357 Office 763-479-3036 Cell 612-221-4963 Fax 763-479-2685 1