HomeMy WebLinkAbout6.e. Fire Protection Agreement for City of Coates CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 6, 1999
AGENDA: FIRE PROTECTION AGREEMENT FOR CITY AGENDA SECTION:
OF COATES AMENDMENT CONSENT
PREPARED BY: THOMAS D. BURT, CITY ADMINISTRATOR AGEND���� � �
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ATTACHMENTS: CONTRACT, Letter from City Administrator APPROVED BY: ��/I}�/
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Attached is a revised copy of the Fire Protection Agreement between the City of Coates and the City of
Rosemount. This agreement has existed between the two cities for several years.
Staff is recommending that the agreement include a$75 fee for false alarms. This is a fair assessment to the city
of Coates as opposed to charging for all costs incurred for staff hours and equipment use when there are false
alarms.
Listed below are other changes:
1. In paragraph 5 (a), change 1998 to 1999 and change the amount from$3,035 to $3,080. Based on CPI as
of September 30, 1998 (1.5%).
2. Add a new paragraph 5 (c) as follows: "The part of the second part will compensate the City in the
amount of$75 for responses to false alarm calls in lieu of the amount specified in paragraph 5 (b).
3. Reletter paragraphs 5 (c) and (d)to (d) and(e).
4. In new paragraph 5 (d), change the amount from$3,035 to $3,080.
5. In paragraph 6 (a), change"unless termination by either party effective on the contract anniversary date"
to read"unless terminated by either party".
The City of Coates has reviewed and approved the recommended changes.
RECOMMENDED ACTION: MOTION to adopt the amended Fire Protection Agreement between the
City of Rosemount and City of Coates.
COUNCIL ACTION:
CITY OF ROSEMOUNT AND CITY OF COATES
FIRE PROTECTION AGREEMENT
THIS AGREEMENT,made and entered into this Rt}, day of ]�,arrl� ,
1999 by and between the City of Rosemount, a municipal corporation, of the County of Dakota,
State of Minnesota,party of the first part,hereinafter"City", and the City of Coates, party of the
second part.
WITNESSETH:
VVHEREAS,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 fumishing of said service.
NOW,THEREFORE, In consideration of the premises and the mutual covenants of the
parties hereto, it is agreed as follows:
1. City shall continue to provide fire protection service to the City of Coates's property
Dakota County,Minnesota.
2. 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 fumish the service
herein agreed upon, shall not be taken as a breach of agreement. City shall not be liable
to party of the second part for loss or damage of any kind whatsoever resulting from any
failure to fumish or any delay in fiunishing 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 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
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 detemzine 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 hazazdous materials. Listing shall
contain information including owner, address of owner,phone number and name
of contact person, description of explosive or hazazdous materials stored at the
site and location of site. The party of the second part a�rees 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.) 1999 was$3080
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
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changes in the Consumer Price Index for the Minneapolis/St. Paul metropolitan
area between September 30, and the previous yeaz.
(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:
j]� Rate or ch�r9.e
Ladder/Pumper $250 Per hour per unit
Tanker $50 Per hour per unit
Rescue $100 Per hour per rescue unit
Grass Rig/Utility $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 hours
61 minutes to 90 minutes = 1.5 hour
91 minutes to 120 minutes= 2.0 hours
etc. using '/Z hour increments as minunum additional charges beyond the first hour.
(c) The party of the second part will compensate the City in the amount of$75 for
responses to false alarm calls in lieu of the amount specified in paragraph 5 (b).
(d.) The 1999 amount of three thousand and eighty dollars shall be payable for
1999 on January 1, 1999. Each subsequent year payment shall
be due upon receipt of an invoice issued by the city within 15 days.
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(e.) The City agrees that it will bill the party of the second part on a periodic basis for
those appropriate charges set out in subpazagraph 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 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 subparagrah S.a.
of this agreement and the difference between this amount and the amount paid for
the entue 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 as follows:
City of Coates City of Rosemount
Attn.: Clerk/Treasurer City Administrator
15660 Clayton Avenue 2875 145th Street W.
Rosemount,MN 55068 Rosemount,MN 55068-4997
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
IN PRESENCE OF: City of Rosemount
Notary Mayor
City Clerk
IN PRESENCE City of Coates
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Notary Mayor
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City Clerk/Treasurer
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March 4, 1999
Marjorie Karnick, Clerk/Treasurer
15660 Clayton Avenue
Rosemount,Minnesota 55068
RE: Revised Fire Protection Agreement
Dear Ms. Karnick:
Attached is a revised copy of the Fire Protection Agreement between the City of Coates and the City of
Rosemount. As we have administered the contract there are time when false alarms occur and it has a
serious impact to Coates and its resident on the way the current contract is written. We have tried to
work out a simple solution.
When the City receives an emergency call, firefighters are paged and respond to the fire station; this .
response entitles them to compensation. Once the truck leaves the station all costs of the fire fighters
time as well as equipment costs are billed to the City of Coates. On occasion, this call is canceled
before the fire fighters arrive on the scene because the false alarm is called in by a person other than the
property owner. The proposed change to the contract, Section 5 (c), would create a$75 fee for a false
alann which would help to reduce the impact of the charges to the City of Coates. The false alann fee
would then cover the cost of the fire fighters responding to the emergency call.
The city attorney suggests the following changes:
l. In paragraph 5 (a), change 1998 to 1999 and change the amount from $3,035 to $3,080. This
reflects the same amount as already billed in January.
2. Add a new paragraph 5 (c) as follows: "The part of the second part will compensate the City in
the amount of$75 for responses to false alatm calls in lieu of the amount specified in paragraph
5 (b).
3. Reletter paragraphs 5 (c) and(d) to (d) and(e).
4. In new paragraph 5 (d), change the amount from$3,035 to $3,080.
5. In paragraph 6 (a), change "unless termination by either party effective on the contract
anniversary date"to read"unless terminated by either party".
If you have any questions on the proposed changes,please call. Once your City Council approves the
proposed changes, please return two signed contracts for city records.
Sincerely,
Thomas D. Burt �