Loading...
HomeMy WebLinkAbout6.x. Fire Protection Agreements for 2004CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2003 AGENDA: FIRE PROTECTION AGREEMENTS FOR 2004 AGENDA SECTION: CONSENT PREPARED BY: LINDA JENTINK, CITY CLERK I AGEND "M 6 ATTACHMENTS: LETTERS, AGREEMENTS APPROVED BY: P/ I I have contacted both the City of Coates and the University of Minnesota regarding their Fire Protection Agreements which originated in 1997 and 1998. I indicated to them two proposed changes, one fee increase and a needed wording change referencing the Consumer Price Index (CPI). Coates and the U of M responded in a positive manner to the changes and asked us to forward the changed agreements to them, requesting duplicate originals. Summary: Item 5. Compensation for all fire service The Fire Department requested an increase for equipment fees for the tanker truck from $50 to $150 per hour of service. The Consumer Price Index no longer labels our area Mpls /St Paul, but has created a larger area labeled the Midwest Urban area. Our city attorney further clarified this as, "all urban consumers, Midwest Urban area, under item 5.a. We are also suggesting a clarification of a phrase at the end of 5.b. Replacing: " etc. using 1 /2 hour increments as minimum additional charges beyond the first hour." With,' "Beyond the first hour, minimum additional charges will be accrued in half hour increments. These changes do not remove any obligations from any of the parties involved. Staff believes these agreements are beneficial to the safety of the residents and working population of the Rosemount University properties and the City of Coates. RECOMMENDED ACTION: Motion to approve the amended Fire Protection Agreements with the University of Minnesota and the City of Coates. COUNCIL ACTION: September 16, 2003 Marjorie Karnick, Clerk/Treasurer City of Coates 15660 Clayton Avenue Rosemount, Minnesota 55068 CITY HALL 2875 - 145th Street West _ Rosemount, MN 55068 -4997 Phone: 651. 423 -4411 Hearing Impaired: 651- 423 -6219 Fax: 651.423 -5203 RE: Fire Protection Agreement for 2004 Dear Ms. Karnick: The Fire Protection Agreement is automatically renewed with the increase dependent on the Consumer Price Index (CPI) for September. However, this year the City of Rosemount would likeP�pe Index for this area. The equipment fee equipment fee and amend the reference to Consumer increase is for the Tanker, changing from $50 per hour to $150 per hour. The U.S. Department of Labor Bureau of Labor Statistics has realigned the Minneapolis /St. Paul area into the Midwest Urban area, so to reflect that change, wording would be as follows: "5.a. The payment due for each subsequent year will be established by adding to the previous year an amount equal to the previous years paymen e the Midwest Urban area between Consumer Price Index for M inn September 30, and the previous year." The 2003 annual rate was $3,378.46. The CPI for September is not determined yet for calculation. If you have any questions, please call. Sincerely, Linda Jentink City Clerk Cc: Judy Miller, Finance Supervisor CITY OF ROSEMOUNT September 16, 2003 Kathy Boudreau, Office Manager University of Minnesota 15325 Babcock Avenue Rosemount, Minnesota 55068 RE: Fire Protection Agreement for 2004 Dear Kathy: CITY HALL 2875 - 145th Street West Rosemount, MN 55068 -4997 Phone: 651.423 -4411 Hearing Impaired: 6 51.423 -6219 Fax: 651. 423 -5203 The Fire Protection Agreement is automatically renewed with the increase dependent on the Consumer Price Index (CPI) for September. However, this year the City of Rosemount would like to propose an increase to one fire equipment fee and amend the reference to Consumer Price Index for this area. The equipment fee increase is for the Tanker, changing from $50 per hour to $150 per hour. The U.S. Department of Labor Bureau of Labor Statistics has realigned the Minneapolis /St. Paul area into the Midwest Urban area, so to reflect that change, wording would be as follows: "5.a. The payment due for each subsequent year will be established by adding to the previous year an amount equal to the previous years payment times the respective changes' in the Consumer Price Index for & p I au _ September 30, and the previous year." U the Midwest Urban area between The 2003 annual rate was $5,115.93. The CPI for September is not determined calculation. et for y If you have any questions, please call. Sincerely, Linda Jentink City Clerk Cc: Judy Miller, Finance Supervisor CITY OF ROSEMOUNT AND UNIVERSITY OF MINNESOTA FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the City of Rosemount, a municipal corporation, of the County of Dakota, State of Minnesota, party of the first part, hereinafter the "City ", and Regents of the University of Minnesota, a Minnesota constitutional educational corporation, party of the second part, hereinafter the "University ". WITNESSETH: WHEREAS, the University is desirous of having continued fire protection and rescue service furnished by the City's Fire Department; and WHEREAS, the City has adequate facilities and equipment and is willing to make available fire and rescue protection service for the University (and its property tax paying tenants on its property as described herein); and WHEREAS, the City has by appropriate action authorized its Mayor and City Clerk to enter into a contract with the University for furnishing of said service. NOW, THEREFORE, In consideration of the premises, and the mutual covenants of the parties hereto, it is agreed as follows: 1. The City shall continue to provide fire protection service to all of the University's property located in Rosemount and contiguously in Empire Township. 2. The City, through its said Fire Department, shall endeavor to protect and save life and property from destruction by fire, on this property. 3. That at times weather and road conditions through the various seasons of the year may interfere in the rendering of such service, in which event, failure to furnish the service herein agreed upon, shall not be taken as a breach of agreement. The City shall not be liable to the University for loss or damage of any kind whatsoever resulting from any failure or delay in furnishing firefighters or fire equipment, or from any failure to prevent, control or extinguish any fire, whether loss or damage is caused by the negligence of the officers, agents, or employees of the City or its Fire Department, or otherwise. The University further agrees to indemnify and hold harmless the City, its officers, agents, employees or fire department members, from any and all liability, claims, damages, or expenses, including but not limited to reasonable attorney's fees, resulting from any act, error or commission of the University in connection with this Agreement. It will be the sole responsibility of the officer in charge of the City to determine the equipment and man power necessary to respond to and provide service to the University (and its property tax paying tenants). 4. (a) The University agrees to submit a listing of all tenants that store or handle explosive or hazardous materials. Listing shall contain information including owner, address of owner, phone number and name of contact person, description of explosive or hazardous materials stored at the site and location of site. The University agrees to update said listing at least once every six months. (b) The University further agrees to keep the City informed on a regular basis, of its own fire fighting equipment and procedures. 5. The University agrees to pay the City as compensation for all fire service furnished pursuant to this Agreement, and amount as follows: (a) 1997 $4,500 2 The payment due for each subsequent year will be established by adding to the previous year in amount equal to the previous year's payment times the respective changes to the Consumer Price Index, all urban consumers, Midwest urban area, between September 30, and the previous year. (b) In addition to the annual payment due per above, the University agrees to compensate the City for actual fire service furnished, unless provided to a building or land whose tenant is paying personal property to Dakota County. Additional compensation shall be based upon the following equipment schedule: Unit Rate or charge Ladder /pumper $250 per hour per unit Tanker $150 per hour per unit Rescue $100 per hour per unit Grass rig $50 per hour per unit For the purpose of calculating the hourly charges, the following method will be used. 60 minutes or less 1.0 hour 61 minutes to 90 minutes= 1.5 hours 91 minutes to 120 minutes= 2.0 hours Beyond the first hour, minimum additional charges will be accrued in half hour increments. (c) The 1997 amount of four thousand five hundred dollars shall be payable for 1997 upon execution of this agreement. Each subsequent year payment shall be due upon receipt of an invoice issued by the city within 15 days. 3 t 6. (a) This Agreement shall automatically renew each year, unless termination by either party effective on the contract anniversary date upon a one hundred eighty (180) day written notice served upon the other party; and both parties shall review this Agreement starting no later than September 1 each year to renegotiate for another term. (b) If this contract is terminated prior to the completion of any calendar year, the amount due for the portion of the calendar year while the contract is in effect will be a prorated amount of the prepaid contract amount as set out in subparagraph 5. (a) of this Agreement and the difference between this amount and the amount paid for the entire calendar year shall be refunded by the City. 7. This Agreement is executed in duplicate, each party has a copy and each copy shall be deemed an original for all purposes. 8. Official notices due hereunder shall be directed to the parties hereto follows: University of Minnesota City of Rosemount Real Estate Office City Administrator 424 Donhowe Building 2875 145 Street West Minneapolis, Minnesota 55455 -0199 Rosemount, Minnesota 55068 -4997 in IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN PRESENCE OF: FOR THE CITY OF ROSEMOUNT Notary Mayor City Clerk RECOMMENDED: REGENTS OF THE UNIVERSITY OF MINNESOTA Susan Carlson Weinberg Treasurer and Senior Vice President Real Estate Coordinator Finance APPROVED AS TO FORM AND Kathy Boudreau EXECUTION: Property Manager Rosemount Research Center Superintendent Office of General Counsel Rosemount Agricultural University of Minnesota Experiment Station City Attorney R CITY OF ROSEMOUNT AND CITY OF COATES FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the City of Rosemount, a municipal corporation, of the County of Dakota, State of Minnesota, party of the first part, hereinafter the "City ", and the City of Coates, party of the second part. WITNESSETH: WHEREAS, the party of the second part is desirous of having continued fire protection and rescue service furnished by the City's Fire Department; and WHEREAS, the City has adequate facilities and equipment and is willing to make available fire and rescue protection service for the party of the second part; and WHEREAS, the City has by appropriate action authorized its Mayor and City Clerk to enter into a contract with the party of the second part for furnishing of said service. NOW, THEREFORE, In consideration of the premises and the mutual covenants of the parties hereto, it is agreed as follows: 1. The City shall continue to provide fire protection service to the City of Coates's property Dakota County, Minnesota. 2. The City, through its said Fire Department, shall endeavor to protect and save life and property from destruction by fire, on this property. 3. That at times weather and road conditions through the various seasons of the year may interfere in the rendering of such service, in which event, failure to furnish the service herein agreed upon, shall not be taken as a breach of Agreement. The City shall not be liable to the party of the second part for loss or damage of any kind whatsoever resulting from any failure or delay in furnishing firefighters or fire equipment, or from any failure to prevent, control or extinguish any fire, whether loss or damage is caused by the negligence of the officers, agents, or employees of the City or its Fire Department, or otherwise. Further, the party of the second part agrees to indemnify and hold harmless the City, its officers, agents, employees or fire department members, from any and all liability, claims, damages or expenses, including but not limited to reasonable attorneys' fees, resulting from any act, error or omission of the party of the second part in connection with this Agreement. It will be the sole responsibility of the officer in charge of the City to determine the equipment and man power necessary to respond to and provide service to the party of the second part. 4. (a) The party of the second part agrees to submit a listing of all locations in the City of Coates that store or handle explosive or hazardous materials. Listing shall contain information including owner, address of owner, phone number and name of contact person, description of explosive or hazardous materials stored at the site and location of site. The party of the second part agrees to update said listing at least once every six months. (b) The party of the second part further agrees to keep the City informed on a regular basis, of its own fire fighting equipment and procedures. 5. The party of the second part agrees to pay the City as compensation for all fire service furnished pursuant to this Agreement, and amount as follows: (a) 1998 $3,035 2 The payment due for each subsequent year will be established by adding to the previous year in amount equal to the previous year's payment times the respective changes to the Consumer Price Index, all urban consumers, Midwest urban area, between September 30, and the previous year. (b) In addition to the annual payment due per above, the party of the second part agrees to compensate the City for actual fire service furnished. Additional compensation shall be based upon the following equipment schedule: Unit Rate or charge Ladder /pumper $250 per hour per unit Tanker $150 per hour per unit Rescue $100 per hour per unit Grass rig $50 per hour per unit For the purpose of calculating the hourly charges, the following method will be used. 60 minutes or less= 1.0 hour 61 minutes to 90 minutes 1.5 hours 91 minutes to 120 minutes 2.0 hours Beyond the first hour, minimum additional charges will be accrued in half hour increments. (c) The 1998 amount of three thousand thirty -five dollars shall be payable for 1998 on January 1, 1998. Each subsequent year payment shall be due upon receipt of an invoice issued by the City within 15 days. 3 (d) The City agrees that it will bill the party of the second part on a periodic basis for those appropriate charges set out in subparagraph 5. (b). These charges, if any, are to be billed to the party of the second part and paid by them to the City and are the sole responsibility of the party of the second part. 6. (a) This Agreement shall automatically renew each year, unless termination by either party effective on the contract anniversary date upon a one hundred eighty (18 0) day written notice served upon the other party; and both parties shall review this Agreement starting no later than September 1 each year to renegotiate for another term. (b) If this contract is terminated prior to the completion of any calendar year, the amount due for the portion of the calendar year while the contract is in effect will be a prorated amount of the prepaid contract amount as set out in subparagraph 5. (a) of this Agreement and the difference between this amount and the amount paid for the entire calendar year shall be refunded by the City. 7. This Agreement is executed in duplicate, each party has a copy and each copy shall be deemed an original for all purposes. 8. Official notices due hereunder shall be directed to the parties hereto follows. City of Coates City of Rosemount Clerk/Treasurer City Administrator 15660 Clayton Avenue 2875 145 Street West Rosemount, Minnesota 55068 Rosemount, Minnesota 55068 -4997 L, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IN PRESENCE OF: FOR THE CITY OF ROSEMOUNT Notary IN PRESENCE OF: Mayor City Clerk FOR THE CITY OF COATES Mayor City Clerk/Treasurer 5