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
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AGEND
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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
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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.
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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
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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
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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.
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(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
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