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Home My WebLink About4.n. Fire Protection Agreement with the City of CoatesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 1991 AGENDA ITEM: FIRE PROTECTION AGREEMENT WITH AGENDA SECTION: THE CITY OF COATES CONSENT PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR AGENDA NO nm ATTACHMENTS: LETTER, AGREEMENT APOPV P BY:/% j,/ � U The city of Rosemount provides fire protection to the City of Coates through a fire protection contract. The current contract expires December 31st, 1991. The City of Coates is requesting that this contract be renewed for 1992 at the 1991 rates. I am recommending that it be approved for 1992 and 1993 with a $30 increase bringing it to $2100 plus charges for 1992 and $2300 plus charges for 1993. This is a slight increase but I feel warranted if for nothing else inflationary causes. Charges for;1990: $1,970 Charges for 1991: $2,070 Charges for 1992: $2,100 Charges for 1993: $2,300 RECOMMENDED ACTION: MOTION to approve the 1992 and 1993 Fire Protection Agreement with the City of Coates and authorize the Mayor and City Clerk to sign it. COUNCIL ACTION: CITY OF COATES 15660 Clayton Avenue ROSEMOUNT, MINNESOTA 55068 November 20, 1991 City of Rosemount 2875 145th St. West Rosemount, MN 55068 Dear Susan: Our Fire Protection Agreement with the City of Rosemount will expire on December 31, 1991. At the November 18th City Council Meeting, the Coates City Council reviewed the agreement and would like to renew it. The council requested that the fee for services remain as this years at $2,070, as the population of Coates has lowered to 186 on the 1990 Census. Would you put this matter on the agenda for the next Rosemount City Council Meeting for their consideration3 I'm returning one copy of the building inspector agreement as requested. Sincerely, Marjorie Karnick Clerk/Treasurer CITY OF ROSEMOUNT AND CITY OF COATES FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this 17th day of December, 1991, 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 Department; and WHEREAS, the part 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 covenants of the parties hereto, it is agreed as follows: 1. Party of the first part shall provide fire protection service totheCity 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. FIRE PROTECTION AGREEMENT CITY OF COATES PAGE 2 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. Party 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 or and 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 officers, 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 all 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. Part of the second part agrees to update said listing at least once every six months. FIRE PROTECTION AGREEMENT CITY OF COATES PAGE 3 (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: 1992 $2,100.00 1993 $2,300.00 (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 or Charge Ladder/Pumper $100 per hour per unit Tanker $ 50 per call per unit 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 hour 61 minutes to 90 minutes 1.5 hours 91 minutes to 120 minutes 2.0 hours etc, using one half (k) hour increments as minimum additional charges beyond the first hour. FIRE PROTECTION AGREEMENT CITY OF COATES PAGE 4 (c) The amount of $2,100 shall be payable upon execution of this Agreement. The 1993 amount due shall be payable on January 1 of 1993. (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 1, 1991 and expiring December 31, 1993, subject to termination by either party on the contract anniversary date upon a one hundred eighty (180) day 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 period. (b) If this contract is terminated 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. FIRE PROTECTION AGREEMENT CITY OF COATES PAGE 5 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 Seal CITY OF ROSEMOUNT MAYOR VERNON J. NAPPER CITY CLERK SUSAN M. WALSH Official City Seal CITY OF COATES MAYOR KAREN MOGEN CLERK TREASURER MARJORIE KARNICK