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Home My WebLink About6.k. University of Minnesota Fire Protection Agreement CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCII.MEETING DATE: JANiJARY 21, 1997 AGENDA: U OF M FIRE PROTECTION AGREEMENT AGENDA SECTION: CONSENT PREPARED BY: THOMAS D. BURT, CITY ADNIINISTRATOR AGE��Q� � � � .�. ATTACHMENTS: AGREEMENT APPROVED BY: The University of Minnesota Fire Protection Agreement is up for renewal. There has been a slight increase for the aerial ladder truck hourly rate and wording has been added to have the contract continue automatically each year with an increase amount equal to the previous years payment times the respective changes in the Consumer Price Index for the Minneapolis/St.Paul metropolitan axea on September 31 of each year. RECOMMENDED ACTION: MOTION to approve the City of Rosemount and University of Minnesota Fire Protection Agreement. COUNCIL ACTION: I''I CITY OF ROSEMOUNT AND iJNIVERSITY OF MINNESOTA FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this 9t day of Navember, 1996 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 Regents of the University of Minnesota, a Minnesota constitutional educational corporation,party of the second part, hereinafter"University". WITNESSETH: - WHEREAS, the University is desirous of having continued fire protection and rescue service - furnished by the City's Fire Department; and WI�REAS,the City has adequa.te facilities and equipment and is willing ta 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. City shall continue to provide fire protection service to all of the University's property located in Rosemount and contiguously in Empire Township. 2. City,through its said Fire Department, sha11 endeavor to protect and save life, and property from destruction by fire, on this property. I 3. That at times weather and road eonditions through the various seasons of the'year may interfere in the rendering of such service,in which event,failure to fizrnish the service herein agreed upon, shall not be taken as a breach of agreement. City shall not be liable to University for loss or damage of any kind whatsoever resulting from any failure to furnish or any 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 university further agrees to indemnify and hold harmless City,its officers,agents,empioyees 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 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 manpower 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 axegular basis, of its , own fire fighting equipment and procedures. I�I . � 2 5. The University agrees to pay the City as compensation for all fire service furnished ', pursuant to this Agreement, and amount as follows: ' (a.) 199'7 4,500 II The payment due for each subsequent year will be established by adding to the previaus year an amount equal to the previous years payment tirnes the xespective changes in the Consumer Price Index for the N�inneapolis/St. Paul metropolitan area between September 3 l, of each 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 t�to Dakota County. Additional compensation shall be based upon the following equipment schedule: � Rate o,� arge Ladder/Pumper $250 Per hour per unit Tanker $50 Per hourper unit Rescue $100 Per hour per rescue 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= l.0 hours 61 minutes to 90 minutes= 1.5 hour 3 91 minutes to 120 minutes= 2.0 hours etc. using %Z hour increments as minimum additional charges beyond the first hour. (c.) The 1997 amount of four thousand five hundred dollars shall be payable for 1997 upon execution of this agreement. Each subsequent yeaz shall be due upon receipt of an invoice issued by the city within 15 days. (d.) The City agrees that it will bill the University on a periodic basis for those appropriate I charges set out in subparagrah 5. (b). These charges, ifany, are ta be billed to the , University and paid by them to the City and are the respocibility of the University ' 6. (a.) This agreement shall automatically,renew each year unless termination by either party effective on the contract anniversay date upon an 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 axnount 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 entire calendar year sha11 be refunded by the City. 7. This Agreement is executed in duplicate,each party has a copy and each copy sha11 be deemed an original for all purposes. 4 8. Official notices due hereunder shall be directed to the parties hereto as follows: University of Minnesota City of Rosemount Real Estate Office City Administrator Shops Building, Suite 101 2875 145the Street W. I 319 1 Sth Avenue SE P.O. Box 510 ' 1Vlinneapolis,MN 55455-0199 Rosemount, MN SSObB 5 , ' =N �ITNESS WSERSOF, the parties hereto have executed this Agreement on the day and year first above written. , IN PRESENCE OF: FOR THE CITY OF ROSEMOUNT ' Nota I� � Ma. or Y City Clerk RECONlP�NDED: REGENTS OF THE UNIVERSITY OF MINNESOTA Susan Carlson Weinberg Treasurer and Associate Vice- Real Estate Coordinator President of Finance APPROVED AS TO FORM AND Kathy Boudreau EXEC'CT'TION: Property Ma.nager Rosemount Research Center University Attorney Superintendent Rosemc3unt Agricultural Experiment Station City Attorney 6