247664 ,
SRI61}eAL TO CITY CLERK �L��h��
. CITY OF ST. PAUL COUNCIL �'� �
OFFICE OF THE CITY CLERK FILE NO.
COUNC R LUTIO -GENERAL FORM
PRESENTED BY �
COMMISSIONE DATF
RE50LVED, That pur�uant to Ordinance No. 13574,
approved March 16, 1967, the proper City official�
are hereby au�horized to enter into a contract for
fire protection with Pconomics Laboratory, Inc. , Osborn
Building, Saint Paul, Minneso�a, for certain property
degc�ibed in said contract and located in Dakota County,
a copy of which contract is attached hereto and made a
part hereof.
FORM APPROV�q
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coRPOR,arion�c uNS�i�
FE� 2 7 1970
COUNCILMEN Adopted by the Council 19.—
Yeas Nays
carison ��� 2 7 1970
Dalglish Approved 19—_
Meredith �
Tn Favor O
�'etersvn l
Sprafka �J ��nq Mayor
Tedesco A gainst
, �USI:ISHED �AR 71970
'�e�Si�
Mr• Vies Presideat (retereon)
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FIRE SERVICE CONTRA.CT
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li THIS AGREEMENT, made and entiered into this day
iof , 1970, by and between the City of St. Paul,
= ia municipal corporation organized and existing under and by virtue of
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the laws of the State of Minnesota, party of the first part, hereinafter
. Ireferred to as "City," and Economics Laboratory, Inc,
Iof St. Paul, Minnesota , party of
the second part, hereinafter referred to as "Applicant."
WITNESSETH, tha� for and in consideration of the covenants
and agreements herein contained, said City agrees to furnish upon the
terms and conditions hereinafter set forth, the equipment and personnel �
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of its Fire Depar�rment for the protection of the property described
as follows:
The easterly 945' of that part of Government Lot 6
of Section 14, Township 28, Range 23, which lies
Southerly of the center line of Sibley Memorial
Highway (subject to said highway) ; and the easterly
945' of the North Quarter of Northeast Quarter of
Northeast Quarter of Section 23, Township 28,
' Range 23; a11 in Dakota County, Minnesota.
' Any ca11s for the use of such equipment and personnel shall
be directed to the Fire Department of the City of St. Paul . Upon receipt
of such calls, said Fire Department shall dispatch such equipment and
personnel as in the opinion of the Fire Chief of the Fire Department,
or in case of his absence or disability, the person in active charge
of the Fire Department may deem to be adequate. The City reserves the'
right to retain in the City of St. Paul such equipment and personnel
as, in the opinion of the Fire Chief or acting head of the Fire Depart7nenL-,
�may be necessary for the proper and adequa�e protection of the City,
and shall dispatch for the protection of the property above described
only such equipment and personnel as in his opinion can, for the time
being, be safely spared from the City; and in case an emergency arises
within the City 'while the equipment and personnel of the Fire DepartmenL'
�are engaged in fighting a 'fire involving said property, said I'ire
(Chief or acting head of the Fire Department may, in his discretion,
�'recall to Lhe City of St. Paul from the service of Applicant, such , .
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I`equipment and personnel as h� may consice�. i � p y i
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meet said emergency. In case weather or road conditions are such that
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' '' in the opinion of said Fire Chief or acting head of the Fire Department,
iequipment and personnel cannot be furnished to Applicant with
reasonable safety, he may in his discre�ion refuse to anscaer the �a1i
� of Applicant. The determination of the Fire Chief or the acting head
of the Fire Department as to what equipment shall be furnished and whethe�
Iequipment shall be withheld or withdrawn, as provided herein, shall be (
final and conclusive.
Applicant releases the City, its officers, agents and em-
Iployees from all claims for damage or loss resulting from failure to
furnish or delay in furnishing men or apparatus, or from failure to
prevent, control or extinguish any fire or conflagration whether re-
sulting from the negligence of the City, its officers, agents or employ-
. I ees or otherwise. This provision is intended to operate as a release
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Ifrom all claims on the part of property owners or other persons having an
Iinterest in the property for which fire protection is requested by
Applicant; and it is understood and agreed that response to calls by
:� the City of St. Paul is made only upon the conditions of the release
from all claims by the property owner or other interested party, whether
said calls are made by Applicant or by any other person in Applicant' s �
behalf.
Applicant hereby agrees to indemnify and save harmless the
� City, its agents, officers and employees fram all claims for injury,
loss or damage to persons or property arising out of the use and
operation of the equipment of the St. Paul Fire Department in the service
of Applicant on the Applicant's premises. Applicant further agrees to
reimburse the City for all loss of and damage to said equipment while
being used to furnish services to Applicant.
Applicant agrees to pay to the City for the service provided
for herein, the annual mini.mum charges and the rates for labor and
repair work and use of equipment provided for in that certain
ordinance enacted by the �City Council of the City of St. Paul on the
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16th day of March , 1967; and as amended thereto;
� a copy of which schedule of rates is attached hereto. Applicant agrees
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to pay annually, in advance, said annual minimum charges and agrees to
� pay in addition thereto, within thirty days after receipt of bill
� therefor, following each particular call, such amounts as may become
due for labor, use of equipment and repair work. In case of failure to
make such payment within thirty days, the City may, at its option,
immediately terminate this contract. In case of enactment of an
ordinance changing said annual charges or said schedule of charges for
labor, use of equipment and repair work, Applicant agrees to make payment
in accordance with such changes commencing thirty days after written
notice thereof, provided, ho�aever, that such changes as to annual charges
shall not be effective until the succeeding annual payment under this
contract shall be due.
Applicant further agrees to be bound by all the terms and
conditions of said ordinance and, upon thirty days' written notice
of any amendment thereto, agrees to be bound by the terms and conditions
of such amendment. Said ordinance is incorporated in and made a part
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of this aontract by reference with the same effect as if fu11y set
fortYl herein.
The annual charges under this contract sha11 be adjusted at
the beginning of each year of the contract so that they will conform
to the charges provided for in said ordinance, on the basis of assessed
valuation. The statements of assessed valuation of the property covered
by this contract and provided for in said ordinance, shall be
furnished annually at least fifteen days prior to the expiration of each
year for which the annual charges have been paid.
This con�ract shall be for a continuous term subject,
however, to cancellation by either party upon thirty days'
written notice.
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IN WITNESS WHEREOF, the parties have hereunder set their
hands and seals the day and year first above written.
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• In Presence Of: CITY OF SAINT PAUL
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By
Mayor
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Commissioner of Public Safety
Attest
City Clerk
Form Approved: Counter signed:
���Ii�.J!�J�i t/"Y"'
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� City Comptroller
� Corporation Counsel
In Presence Of:
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'^ �� B ��/���£,�r3'�.LC �� \!r���.�"�..-Vice
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(Title - Officer) Presiden
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F�ti��,� /��c',C.i./�crr---__. �-_..'_.-- �- �:'�:��.:_-�,��.�!'�_...�:.��� - Corporate
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' (Title - Officer) Secretar'
Approved as to form and execution
this day of ,
1970. .
Special Assistant Corporation Counsel
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. • ' ` �o�n:cll f'i1c :d�>, ::;:'l'i:S---Orrliti:�n�C ?70. Cur�lr.�c l 7'erm; Cfi�rgrv lo Cunform t
r , � 1:i5"i9-1Sy ��'�Illau� k:. Cirlsuti— to ,1r:,cs,rA V:�luntlun. 1'!�e cui�lr.irt i 5L:CI'ION 1J
� , sh:ill br f��r .� cui�tit�nuus tcrrn, i.iibjcct � Ch.irrc::fut 1'qul�,�ncut and Pers�,nncl.
An otdlnnnro ��ruzl�,iiu' tor thc m;�k- �huur�rr tu c;iu:ciL�ll�,n 1�� clthcr p,�rty Thc ch,�r;�c� for cyuf�nncnt an�l tn•�:,ua�-
u( c�,titr:�c!:: •,ci111 clll;i(:��s, �li:r� v��nn :t;l cl:iy�.' �c:fticn nuticc. '1'hc an-
!nC r�cl ncw.illy usc�l f�,r fi:r. ��n�lccliun
f!u���•rnmcnt:�l cuL�1�v•`;;.;.�v, r�riv.-�to c��r nunl ch:��i:cs un<:cr �:ilcl contr:ict sl�nll foc thc ap{�lic;�nt sh;�ll trr_ �n �ccunlancC
por:ili�,n.^., and 1n-;ivlc;u:�ls, for Grc ►,ro- �ne �:ijr.:..rd nt ti�c tcl:liutin�: u! Cacl1 willt lLc Iulln�vinf: sclicdulc:
trclion to t;c furnl.:lzcd hy thc �:re yc:�r so th;,t thcy ti•ill cunfurm to thc e•
Lr{,:�rlrncnl of thc Gty of Sslnl Paul (rhnrt;��:; spccificd In Sectinn 72 mi thC Ytun{�cC — rLUO per houe ur Sractlon
outsldc thc city llmits, and c:,tal.)irh:nT ti�,is cf �ascsscd v:ilu;itlon; and thc lhcrcot.
Lacicicr 1'ruck--$C00 per hour or frac-
a scheduie o! ratcs to bc dt�rgcd slatements of as�c�_:ed va!u�ilou pro- tlon il�crcof.
' thcrefur. vidcd lc�r tn Scaiion 1=.ha11 bc :urnisl�cd nescuc Squad—$2G0 per hour or trac-
at Icast i5 days prfor to thc c:cpirat[on Uon therrot.
The Councli oi lhc City of S�int Paul o! thc ycar Sur tvhlch .thc annual '
Docs Ordain: charges havc bcen paid. • - Hosc �t�a�;on;—y:00 per hour or frac-
` ' . SY:CTION 1 tion thcrcof.
• RppUtantfi �I1Y �ij�ply for Flrc Pro- SF.CTION 8 : Fosmitc — $200 per houc or fr��clton
tecUan. \`Jhene�'er n�:)� village. �uvcrn- � thcreof.
Clty to Itr_[a1n F;qulpmcnt Sufficlent The char�c for labor, apparatus and
meatal suhdit•;=.ioy,priv:itt corporat:^n, to Frotcct Gity. 1'he F'irc Chic[, or in o.hcr equlpmcnt sha17 be•tirureJ from
or lndi�:ldual lccated outside oi [hc casc o.* hts ab;c�ue or disability, the thc time of lcavinN, the fire station
� Si,ntts of the Citv ot St. Yaul dcsires , untfl the tlme of return to tl:e stalion.
• the City to furnish it or hi�n wSth �rc P�rson in activc charge of hc Fire
Departmcut, rr.ay 1n his dlscretiori re-
pcotcction, he or it ��ai] mi':e �c:iUrn tain in tl:e Cit•.•, such equipment and SECTION 14
applica'.ton tht�refur lo the Fire Dcpart- personnel as may !n his opinlon Ce
- -,,.,...� �r u.� c�a;, s,>c:ii.:in� tLe cor- nece,s�:r�• for tl:e rohcr and ade B�»�n�, The Dcpartrnent oE Public
porate area or the r.ature and ex,ent P � quate Safety shall bill the applicant annuaUy
of the proper!y far �vl�ic}i s:ich �re Protection of the City, and snall Sa advance on the annivr.rsiry date of
protcct:on i; to he turnishci, and in �i`P�'�ch for the protection of the each contract :or the annua? charges
the c::se of pri�•ate corporatlons znd �PPls:ant oniy such pe.sonnel and hereintefure ��rovided for, and shalt
individuals, furni::�inG a le�al descr:o- 'equipmcnt in respet�sc to fire a�arms or h��l fne a,pluant imm�dfately after
tion of the real esta!e Ll[JUtl which ti�c �cal;s b� authorizcd persons ns in his cach particular response to a fire or
building and personal property to be opinton can ior the time being be' bre alarm for charges for personnel,
rotected are located, to�eti�et in all safely spared from the City, a
p pparatus and other equipment fur-
cases �ti•ith a s.a.ement of the .otal , � , . . �nished thcrefor. Imniediately after the
' pssessed valuatiun o! said real estatr SECTION 9 �' trehini of the personncl, apparatus and
� and person�l proper?y or oi proper.y City lfay P.ecaIl Appatatus in Emer- (equipmer.t from each �,articular fire or
inchided in said corpora:e area as gency. In case an emergency arises 'fire zlarrn, the Firc Department shall
shok•n in t2:c records of the Couatp Within the City while the eq�.�fpment� furnish the Commissioner of Public
. � Auditor as of tlie date of a�,pl:catien, and personnel of th: Fire Depa:tment� Safety with all the data v�hich may be
said s t a L e m e n t s to be furnLhed are engaged�in f gi�ting a fire for the� needed for the purpose of preparing
annually ihereaiter. applicant, the Eire Chief or other per-1 such bills. At the time of billin� the
son in active charge of the Fire Depart-: �PPllcant both for the annual charge
SECTION 2 ment may in his di;cretion recali to the� and for the service furnished in
Coatract Forms to IIe Fuinished. The City f*�m the sen•ice of the applicant� response to each particular fire al�rm,
Fire Department shall tnereupon fur- sudi equipment an3 personnel as he' the Commissioner of PuUlic Safety shall
r ma in his o �nion consider necessar furnish the Fire Chief with copies of
tosbe mac�e loutn2 d� exc¢uted tby he to ineet said emeroency. The deter each of said bills.
�appli^ant pursua::t to proper authority mination of the Cnief or the active •
by its �•illage council, or other gevem_ `head of the k'ire Deoartment as to SECTION 15 :
!n body, or in ca<_e of co: orations what equipment s`�all be Surnished or
� ,, F .withdra�vn as rovided herein, shall be Deposit of �Ioneys Received. A11
" and indivi..uais, b�• authorized persons, P mor.eys teceived irom the applicant in
!n acco:dance with the terms, ccndi- final 2nd conclusive. . pdy:z:ent of charges for fire protectlon
tions and limitations contained.in this ' outside of the City of Saint Paul are
ordinance. Said contract form shail be SECTION 10 hereby dedicated and shall be credited
��repared b�• the Co.-poration Covnsel B��l To be Paid in 30 Days. The bills to a Fire Fighting F.quipment Trust
n accordance with the provisions of in paymeaY of any charges accruing �nd. The Comptroller is hereby au-
' Sections 43S.C8.th:ouoli 438.10, hlinne-� under the cont:act sh211 be paid tvithin thorized and directed to assign a proper
sota Statufes. 30 days after receipt thereof, 2nd in co�e nurnber therefor. .
. • SECTION 3 case of non-payment within that time
the City, throu�h the Fire Ch.ef o1 SECTION 16
Snrety Bond. . ' the F:re Department, may upoq writ- ?,;o Charge R'liere Reciprocal A;tee-
(a) After proner execution of the cor.- ten notice immediately �erminate the mer.t. .:o charge shall be imposed for
t.ract and its app.-e�:al by the Corpora- contr2ct. The applicant sha12 pay for th�use of fire equipment and oersonnei
tion Counsel, it s'r.a*I be delicered to the hre prutec.ior. .he sums specified �,� �;�e case of communities maintaining
the Fi:e Deta�rtxcn_ cf the City, to- in Y.`.e schedule i�corporated in this paid fire departments which have re-
• ge:her tvith a _t�ret�• bond in such sum c:dinance, or in any amencment to
as the Fire Chie:shall in his discretio:�, 'said schedule w•hic� s2:a11 be duly
and subiect to the approval of the �2dop.e3 by the City Council, provifled ' �
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• City Ceut�cil, deem a3equa!e, said bor.d that no a�nended schednle shall go into cigrocal agreements for such service�
to be cran�n and -approved 2s to ior:n ef'ect until after 30 da}•s'written notice wiW tl�e Cit
by he Co*poraticn CoUn5C1. S�iB bund to the applicant. Y' .
shall be executed pursuar.: to prooer .. •. �,
auL�ority b;• or in behali o: appli^ant, SECTIO�I 11 S..CTTON 17
ar.d by a respci;sibte surety cornpany Spec3aI Arr:in;emer,ts.In special siYu-
auinerized to do business in the S.a,e �FProca] of Co�itract. Aft2r proper atioas w.1en .'r.° nre s�rvice ;chich ine
of 32innesota. The execu!ion of sa?d execu:ion by the 2pplicznt nnd ap- munici�zlity desi:es or ���hich the City
bond shal!be 2pproce3 by the Corpora- PTOeal by Lhe Corporat:on Counsel,said js ze2dy .to furnish va:ies from that
. •tion Counzel, and :he sure,y siial: be cont:act ai�d bond s'r.all Le submitted to previded for by this ordinance, par-
appro��ed b3 the Cit}� Council. the City Cauncil, ar.3 uoon proper tici�larls• i:i sih:ations ti;here ihe service
(b) The condilions o� said bond shall appra�•�I by the City Council sha:l be �s to oe furnished only in case of
be for the paymert of ail charoes«•hich execu:ed by t?:e proper Cit;; o:ficials, extrcrna emergency, thc City shall be
shall becorae due pursusnt to the cun- anci a cooy thereof del;vered to the ,^ut'�orized to mal:e a cor.tract through
iract fcr flre protection, for the reim- aop?:cant. Said cen�ract shall be in j,s proper ofF.cers for s�ch fire service
hurserr.ent to the C:ty of ail dama;es force ar.d eiTect ir��m and 2fter e�ecu- up�n t_-nns agreed upon by the parties,
to the equipm�nt i;sed in connection tIon and delivery by the City oi Saint �yy;;iout refcrence to the requirements
with the fire pro:ection :urnished to �2u1, pf t,53s orc3inance.
the ,pplicant, a:,d for indemnifying the '
C;ty, its office:s, 2�en:s and err.ployees cF.CTION 12 SECTION 18
against ali claims :or injury or damage AnnuaI Chsrges.Char�es for fire pro-, If any part,sen:er.ce,or clau<_e of thls
' to persons or property arising from tection snall be as folio�vs: The apo2i-i ordinar.ce stiall be a3judged void or of
the us� ot safd equipment 3n iurnish- cant snall pay an annu2l minirnum' no e.^.'ect, for any reasoa whatsoever,
ing fire protection to the applicaat charge of $lo :or e2ch ;t0,OG0, or irac-� such decision shall not affect the valid-
p�:suant to the cor,tract, and for tYe tion thereuf, of 2ssessed valuation of ity o.` any of the remaining portions .
full performance bp the aoplicant of the �e?1 and• personal ro e:ty for of this ord:r.ance.
_ all the duties and obligations asscmed �.}lich tne fre protectlen ps to be fur- "
ui�der the contract. nished, inc]udir.n .te real es*.ate upon SECTION 19
SECTION 4 M'hich the Uui;din;s ar.d personal prop- Ths ordinance shall be deemed a
erty are loca:ed, said a=sessed �•alua- part ef the Saint Paul Legis':ativc Code
' . Conditions ot Contract. The contract tIon to be de.ermined by the lates: and shall be incor�orated therein and
to be prepare3 by the C�rpora:ion figit:es SI10�471 oa the books of thc gi�en an appropriate chapter and/or
- Counsel shall contain the follo�cing County Auditor. If the annual pay- .ection number at thc time of the r.ext
- terms and conditions, in addition to n:ents based upen assessed valv.>.tions r���sion of the said Legislative Code.
such othe: Serms and conclitions as the� of :he rea] and personal praperty pro-
Corporation Counset �cith the approcall tecie3 s�al] be 7ess than ihe foP.o�ring SECTIOi�i 20 �
of the City Council, shall see fit to minimum charges, then the apnlicant This ordinance shall take eCect and
incorporate in �aid contract. � shall pay in lieu tl�ereof mii�imum be in force ihirty days after its
char�es as iollo�cs:
SECTION 5 � In case the app:icant is an lndividual passage, approval and publication.
or church, he or it shall pay annually � pa�sed by the Couneil hlarch 16, 1867.
Rcicase Ciiy fro.^.i Damage Claims. �
The a nlicant relcascs the Ci:y, its a mini,r.um charge of $S0. � �
P� In case the aPPi�cant 1s a ci]]age or Yeas—Councilmer CarIsoa, Da glish,
• otficers,agenis and er��lo>�ees, from all other gc��ernmetita: ck�division it shall' Ho:land, ?eterson, Tedesco, \1r. Presi-
claims tor damages or luss rc�ult:ng P3y Fn �rnual m:nimum ci�ar�e ot�30J. dent (Eyrnc)--6.
#rom failure to furnish or de1a5• in �n c;:se :he applica�:t is a partners}iip, Nays-0.
turnishing ir:en or apparah�s, or :rom assecia:ion or privutc corporatien, ex- �"
failurc to pre��ent, control or extiT:- cept a church, it or they shall pay a ��PProvcd March I6, i.,o7.
guish any con(?a�rai:on, ���Ilether re- miniminn ennual charge of $:50. THODSAS R. B"RNE�
' sul:inG from li,e ticg,t�ence of ttie ••�ssoci;tion" as used in ttie preced- hiayor.
C?ty, i:s ofHcerc, a6ents or emploti ees, !ng par:��raph sha;l not be construed .
or othc:�vise. 'the applicant�cill lndem- zs ir.Nuding groua� of ind'.vfdua;s u•ho Attest:
nify and save harmless tlie city, i:s �re �ssc�ci2ted torcther solcly for the H.�.RRY E.AIARS:II,LI.. ,
oSficers, a�ents and e;nnlo.ees irum a❑ pl�r�osc of fire proteotlon. Such in- Citp Clerk. '
clafms for injur>•, loss or damage �o dividua•.s sh�ll pay tl:c annuai mini- (March 18, 1957)
perso:is or prcpe:ty uccurrin� ln con- mum charge ot $::0: but fit the dlscre- _ —_ - --�— -- - •�
nection with pc*:ormancc of the �erv- tion ef t ire Chi�f, such individu�ls �
ices hcreur.dcr and arfsinr out of ar.d n;�� j�,�;7Uy entcr into a contrzet and
cau�ed by ttie ::egligent acts or o:nis- furnish a join: bond. In such casc the
sions of �pplicanYs otficers, agents or .�i.13�ty o; thc bond shall bc in su�h . �
employees. ' amoun! .s the Fire Chief �t•!th thc
' SECTION 6 nPPro�•al of the Ci!y Council, shall
determine �vill fiirnish adeqtiate pro- .
• ' � F.elmbursc City tor B�ma!-ed Eqt!ip- tection to the City.
mc�:i. The .ppltr;�;�t Urill rcimhurse thc '1'hcse annu�l charEcs shall he patd
Irrespr.ctivc ot �vhM!;cr thc ,pplicant
Clty for nll loss and dami,r,e to sald ��i�rl;�;; the year rcquires or rcr�uests
equlpmcnt �vhflc bcing used on tl:c thc scr:icrs of llie equfoment and
premi�cs of a��{�lic::i�t fii connection pr•rso:•.ne1 ot tlie F'ire De{�irirnent. Such
K•itlt thc lurn:�;hi�i^, of t):c firc pro:rc- �li�r�;c.� �iiall Lc in addltion to the
' tion proeided fo: vy thc cnnh�act. �}l;,tt,�c for equl,n-�cnt and personnN
,. , nciuslt�• usc:t for ficc y.rotection tur t1icl
. . � npplicant.
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