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Home My WebLink About4.d. City of Coates Fire Protection Services for 1996-1997 CITY OF ROSEMOUNT EXECUTNE SIJPvIMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 1995 AGENDA ITEM: CITY OF COATES FIltE PROTECTION AGENDA SECTION: SERVICE5 FOR 1996 AND 1997 CONSENT ' PREPARED BY: THOMAS D. BURT, AGEND�I�.� � � � CITY ADNIINISTRATOR � C ATTACffiVIENTS: CORRESPONDENCE, AGREEMENT APPROVED BY: / The Fire Protection Agreement with the City of Coates calls for negatiations to begin in September the year the contract expires. We have had correspondence with Coates and they ha.ve indicated that their city council approved and passed a motion to accept the annual amount changes proposed in the draft agreement on September 11, 1995. These increases were figured at a cost of living raise of 3% on the annual fees. There were no changes in the raxes per unit of equipment used. - Staff recommends approval of the 1996 and 1997 agreement. � RECOMMENDED ACTION: MOTION to approve the City of Rosemount and City of Coates Fire Protection Agreement for 1996 and 1997. COUNCIL ACTION: CITY OF ROSEMOUNT AND CITY OF COATES FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the City of Rosemount, a municipal corporation, of the County of Dakota, State of Minnesota, party of the first part, and the City of Coates, party of the second part; WITNESSETH: WHEREAS, the party of the second part is desirous of having fire protection and rescue service furnished by the City of Rosemount Fire Departrnent;and WHEREAS,the party of the first part has facilities and equipment and is willing to make available fire and rescue protection service for the party of the second part; and WHEREAS, the party of the first part 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 convenants of the parties hereto, it is agreed as foilows: 1. Party of the first part shall provide fire protection service to the City of Coates, Dakota County, Minnesota. 2. Party of the first part, through its said Fire Department, shall endeavor to protect and save life, and property from destruction by fire, in the City of Coates. 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. Farty of the first part shall not be liable to party of the second part for loss or damage of any kind whatsoever resulting from any failure to furnish andlor delay in furnishing fire fighters 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 of�cers, agents, or employees of the City or its Fire Department, or otherwise. Further, party of the second part further agrees to indemnify and hold harmless party of the first part, its officers, agents, employees or fire department members, from any and a11 liability, claims, damages or expenses, including but not limited to attorneys fees, resulting from this Agreement. 4. (a) 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. This 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. Party of the second part agrees to update said listing at least once every six months. FIRE PROTECTION AGREEMENT CITY OF COATES PAGE 2 (b) Party of the second part further agrees to keep the party of the first part informed, on a regular basis, of its own fire fighting equipment and procedures if any. 5. (a)Party of the second part agrees to pay the party of the first part as compensation for all service furnished pursuant to this Agreement, and amount as follows: 1996 $2,884.00 1997 $2,970.00 (b) In addition to the annual payment due per Section 5. above, the party of the second part agrees to compensate the party of the first part for actual fire service furnished. Additional compensation shall be based upon the following equipment schedule: Unit Rate of Char�e Ladder/Pumper $150 per hour per unit Tanker $ 50 per hour per 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 1.0 hour 61 minutes to 90 min. 1.5 hours 91 minutes to 120 min. 2.0 hours etc., using one half('/z) hour increments as minimum additional charges beyond the first hour. (c) The amount of$2,884 shall be payable upon execution of this Agreement. The 1997 amount due shall be payable on January 1, 1997. (d) Party of the first part agrees that it will bill the party of the second part on a periodic basis for those charges set out in subparagraph 5(b). 6. (a) This Agreement shall be for a two (2)year period starting January l, 1996 and expiring Deeember 31, 1997, subject to termination by either party on the cantract anniversary date upon a one hundred eighty(180) day notice served upon the other party; _ and both parties shall review this agreement starting no tater than September 1, each year to renegotiate for anather period. J (b) If this contract is ternunated prior to the completion of any calendar year, it is in effect, a prorated amount of the prepaid contract amount as set out in subparagraph 5.(a) of this Agreement and shall be refunded to the party of the first part. 7. This Agreement is executed in duplicate, each party has a copy and each copy shall be deemed an original for all purposes. Official City Sead CITY OF ROSEMOUNT - E.B. McMenomy, Mayor Susan M. Walsh, City Clerk Official City Seal CITY OF COATES Mr. Tubbs,Mayor Marjorie Karnick, Clerk/'Treasurer 9/5/95 ljfirecoat.doc .� CI TY OF COATES 15660 Clayton Ave. Rosemount, MN 55068 September 12, 1995 Thomas D. Burt City Ac3mi.nistrator City of Rosemount 2875 145th St. W. Rosemount, NIlV 55068 Re: Draft Agreement for Fire Protection Services for 1996 and 1997 Dear Mr. Burt: At the September 11, 1995 Coates City Council meeting, the draft - agreement for fire protection services for 1996 and 1997 was reviewed and discussed. The city council approved and passed a motion to � accept the annual amount changes proposed in the draft agre�nent. Would you kindly then continue the renewal process of the agreement with the Rosemount City Council? Thank you. Sincerely, �� Marjorie Karnick Clerk I�E��fVE�' : ��P 15 1995 CI� 4�►�VStlV�vuw i . �� C1TY OF ROSEMOUNT "TM "A" Z875- 145th Street West P.O.Box S 10 Rosemount,MN Everything's Coming Up Rosemount!� 55oss-osio Phone:612-423-4411 � � ,;��;�` � � Fax:612-423-5203 September l, 1995 Marjorie Karnick Clerk/Treasurer City of Coates 15660 Clayton Ave. Rosemount, MN. 55068 Dear Ms. Karnick: Enclosed is a draft agreement for Fire Protection services for 1996 and 1997. I have not changed the contract other than in the cost of the annual payments. I have used a cost of living figure of 3% for both years and do not propose any changes for rate charges for equipment. I have reviewed your request to change the agreement to include information of the party involved with both the Fire Chief and Finance Director. The problem comes that this information is not always available in every situation. However, we agree there is always raom for improvement. I would propose we leave the language as is and if the problem continues we will bring it to the Fire Chief s or my attention immediately so it may be resolved. If the changes to the annual amount are acceptable to your City Council please let me know and I will process the renewal of the agreement with the Rosemount City CounciL If you have any questions, please call me at 322-2006. Sincerely, �. Thomas D. Burt City Administrator cc. Scott Aker, Fire Chief 7effMay, Finance Director � a��Kao�.«�ucawa, canram,na 3n^. . . aosr<anwmer m.vrn....