HomeMy WebLinkAbout6.c. Fire Service Contract with U of MCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: AUGUST 18, 1992
AGENDA ITEM: FIRE SERVICE CONTRACT
AGENDA
SECTION:
UNIVERSITY OF MINNESOTA
NEW BUSINESS
PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR
AGENDA
V� M 11
6 C
ATTACBN=S : DRAFT CONTRACT,
OLD CONTRACT
APS OVEP' BY :
The City of Rosemount provides fire protection service to the University of
Minnesota property in Rosemount and Empire Township. This service is
provided under a Fire Protection Contract between the City of Rosemount and
the Regents of the University. The City is currently providing service
without a contract in place and I have been negotiating with the University
over a lengthy period of time for a renewal of that contract.
The negotiations were put on hold for some time because of discussions by
the City in consideration of purchasing a major portion of the University
property in Rosemount. Since that idea has been pretty much been laid to
rest we again renewed our discussions.
The proposed contract, a copy of which is attached along with a copy of the
previous contract differs significantly in two areas.
The old contract still referred back to a "base value" used to determine a
charge. Then a simple formula was applied to create a contract price.
Please reference page 3 of the old contract. This discussion goes back to
1981 when the old University Housing was put on the Tax roles and so less
of the University property was "non-taxable". This seems quite irrelevant
now and so we have replaced this calculation with a 1991 base and will use
a Consumer Price Index to increase this each year.
Secondly, since all of the private businesses on the University property
now pay taxes we have excluded them from having to pay additional charges
when the fire department actually responds to a call to them. The
University will still have to pay additional charges, as set out in the
contract if a response is warranted to one of their properties. Since the
businesses now pay some $17,000 in city taxes, under an agreement we
negotiated with the University, we did not feel it was fair to charge these
people.
I feel this is a good contract and ask your approval of it.
RECOMMENDED ACTION:
MOTION to approve the Fire Protection Agreement between the
University of Minnesota and the City of Rosemount for 1991
through 1993.
COUNCIL ACTION:
CITY OF ROSEMOUNT AND UNIVERSITY OF MINNESOTA
FIRE PROTECTION AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of March,
1992, 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
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. 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, 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. 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 firefighers 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, 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
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.
Wd
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, an
amount as follows:
(a.) 1991 $4,000
1992 $4,180
1993 est. $4,368
The payment for 1992 reflects an increase equal to the
Consumer Price Index for the Minneapolis/St. Paul area
for the twelve (12) month period ending in September of
1991.
The payment due for 1993 will be established by adding
to the 1992 payment an amount equal to the 1992 payment
times the change in the Consumer Price Index for the
Minneapolis/St. Paul metropolitan area between
September 31, 1991 and September 31, 1992.
(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 tax to
Dakota County. Additional compensation shall be based
upon the following equipment schedule:
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Unit Rate or Charge
Ladder/Pumper $100 per hour per unit
Tanker $50 per call per unity
Rescue $50 per call per rescue unit
Grass Rig $50 per call 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 hours
91 minutes to 120 minutes = 2.0 hours
etc. using � hour increments as minimum additional charges
beyond the first hour.
(c.) Four Thousand and no/100 Dollars ($4,000) shall be
payable for 1991 and Four Thousand One Hundred and
Eighty and no/100 Dollars ($4,180) shall be payable for
1992 per article 5. (a.) herein, upon execution of this
agreement. And Four Thousand One Hundred Eighty and
no/100 Dollars plus the Consumer Price Index increase
(see 5. a.) shall be payable for 1993.
(d.) The City agrees that it will bill the University on a
periodic basis for those appropriate charges set out in
subparagraph 5.(b.). These charges, if any, are to be
billed to the University and paid by them to the City
and are the responsibility of the University.
6. (a.) This agreement shall be for a three (3) year period
starting January 1, 1991 and expiring December 31,
1993, subject to termination by either party effective
on the contract anniversary date upon an one hundred
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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 as follows:
University of Minnesota City of Rosemount
Real Estate Office City Administrator
335 Morrill Hall p.O. Box 510
Minneapolis, MN 55455 Rosemount, MN 55068
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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:
Notary
RECOMMENDED:
Susan Carlson Weinberg
Real Estate Coordinator
Kathy Boudreau
Property Manager
Rosemount Research Center
Ken Walter
Acting Superintendent
Rosemount Agricultural
Experiment Station
FOR THE CITY OF ROSEMOUNT
Mayor
City Clerk
REGENTS OF THE UNIVERSITY OF
MINNESOTA
G
Treasurer and Associate Vice -
President of Finance
APPROVED AS TO FORM AND
EXECUTION:
University Attorney
City Attorney
CITY OF ROSEMOUNT AND UNIVERSITY OF MINNESOTA
FIRE PROTECTION AGREEMENT
THIS AGREEMENT, made and entered into this /-O� day of
1987, 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
University of Minnesota, 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
Department; 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 Administrator/Clerk to enter into a cuntracv 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. Party of the first part shall provide fire protection service to the
University of Minnesota, Rosemount property described as the
Southwest 1/4 of Section 25, South .1/2 of Sections 26;, 27, 28 except
that part of the South 1/2 of Section 28 lying North a,nd West of
County Road 42, all of Sections 33, 34, 35 and the West 1/2 of
Section 36, Township 115, Range 19 West in the City of Rosemount,
Dakota County, Minnesota and the West 1/2 of Section 1, all of
Section 2, the East 1/2 of the Northwest 1/4 of Section 3, all of
Section 4, the East 1/2 of Section 10, all of Section 11, the West
1/2 of Section 12, and all of Section 13 and 14, Township 114 North,
Range 19, West in Empire Township, Dakota County, Minnesota.
5. Party of the second part agrees to pay the party of the fi rst part
as compensation for all fire service furnished pursuant to this
Agreement, an amount established by the following formulas:
(a) Using the 1981 adjusted base of $3,863 from the contract
covering the period January 1, 1985 through December 31, 1987,
which reflects the $1,000.00 agreed upon as a reduction of 1981
base due to the removal of the 25 single family dwellings from
tax exempt status through platting and sale of homes.
Continuing the 6 1/2 percent per year increase and 82 percent
of the gross after increase will be the actual amount due. The
rationale for the 82 percent of the gross is established in
that 82 percent of the University of Minnesota buildings are
non -tax paying. Fire service for buildings paying taxes are to
be excluded from the calculation for that reason.
ADJUSTED BASE FOR YEARS NOTED AMOUNT DUE (82% OF BASE)
1988 $4,969 $4,075
1989 5,292 4,339
1990 5,636 4,622
(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 or Charge
Ladder/Pumper $100.00 per hour per unit
Tanker $50.00 per call per unit
Rescue $50.00 per call per rescue unit
Grass Rig $50.00 per call per unit
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7. This Agreement is executed in duplicate, each party has a copy and
each copy shall be deemed an original for all purposes.
IN PRESENCE OF:
IN PRESENCE OF:
V � /
CITY OF ROSEMOUNT
Mayor
Admi strator/Cler.
UNIVERSITY OF MINNESOTA
ROSEMOUNT RESEARCH CENTER
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