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Home My WebLink About9.d. University of Minnesota Fire Contract454 01 Y o 2875-1451H Sr w ROSEMOUNT. INNES07A 55068 osemOun 612- 423-4411 TO: Mayor Knutson Councilmembers Napper Tucker Walsh Willard FROM: Stephan Jilk, Administrator/Clerk DATE: October 1, 1987 RE: University of Minnesota/Rosemount Fire Contract I have met with Kathy Beaudreau of the University of Minnesota Research Center to discuss the renewal of the 1988-1990 fire service contract between the city and the university for service to the university property lying in Rosemount and Empire township. The proposal for this new contract is attached for your reference. The following areas of the contract are either revised or new to this proposed agreement: (1) Added - "and rescue service" - rescue service being provided but was never recognized in the verbage of the contract. (2) Added paragraph 3 in its entirety. This entire paragraph is a form of"hold harmless" clause and indemnification clause typical to third party service contracts and is in our fire service contract with Coates. (3) Revised base contract fees for years of contract to reflect the 6.5% annual increase used in the previous three year agreement. With inflation running at about 4-5%, I feel this increase is fair. (4) Revised sub-paragraph (b) additional compensation was $100 per hour for any amount of vehicles and/or men utilized. To make this more equitable, so that the university would be paying for the actual service rendered to them by the city, I have added charges for each type and number of units utilized. We've also added a charge for rescue unit service. Along with these charges is a method to calculate them which reflects a minimum charge of an hour and then charges in half-hour increments. (5) The contract period is for three years - 1988, 1989 and 1990. With your approval, I will present it to the university for acceptance. I have reviewed this with the fire department and staff. smj Attachment CITY OF ROSEfTi)UNT AND UNIVERSITY Or MINNESOTA FIRE PROTECTION AGREEMENT TIIIS AGREEMENT, made and entered into this 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 Lite University of Minnesota, Rosemount Research Center, of the County of Dakota, State of Minnesota, party of the second part; WITHESSET11: r WiIEREAS, 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 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 contract with the party of the second part for furnishing of said service. NOW, TiIEREFORE, in consideration of the premises and the mutual covenants of the parties hereto, it is agreed as follows: I. Party of the first part shall provide fire protection service to the University of Minnesota, Rosemount Research Center, 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 and 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 Cast 1/2 of Section 10, all of Section It, the West 1/2 of Section 12, rind all of Section 13 and 14, Township 114 North, Range 19, West in Empire Township, Dakota fnunty, Minnesota. 2. Party of the firl part, through its said hire IleOrtment, shall endeavor to protect and save life, and property From destruction by fire, in the herein described area. 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 1 iable to party of the second part 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, 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. Party of the second part 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. Party of the second part agrees to update said listing at least once every six months. 5. Party of the second part agrees to pay the party of the first 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,i1G3 from the contract covering the period January 1, 19135 throuyh necemher 31, 19137, -2- which reflecOhe $1,000.00 agreed upon as a Action 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 j 1989 5,292 4,339 1990 5,636 4,622 (b) In addition to the annual payment dere 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 teased upon the following equipment schedule: Unit nate or Charge LadderJPumNn" $100.00per hour per unit Tanker $50.00 per call per unit Rescue $50.00 per call per rescue unit Crass Rig $50.00 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 1/2 hour increment- as minimum additional charges beyond the first hour. -3- (c) Four Thousan*venty-F,ive and no/100 Dollars 0,075.00) shall be payable upon execution of this Agreement. The 1989 and 1990 'amounts due shall be payable on January 1 of the year the amount is due. (d) Party of thefirstpart agrees that it will bill the party of the second part on a periodic basis for those charges set out in subparagraph 5(b). b. This Agreement shall be for a three (3) year period starting January 1, 1988 and expiring December 31. 1990. 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: CITY OF ROSEMOUNT r Mayor r tidmnistrator%Clerk -T IN PRESENCE OF: UNIVERSITY OF MINNESOTA ROSEMOUNT RESEARCH CENTER - -4-