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251597 ORIQINA4.TO CITY CLERK h,� ry • CITY OF ST. PAUL couNCa ��'`"�� ` . OFFICE OF THE CITY CLERK ��E NO. COUNCIL RESOLUTION ENERAL FORM PRESENTED 9Y COMMISSIONE ATF RESOLVED, that pursuant to Ordinance No. 13574, approved March 16, 1967, the proper City officials are hereby authorized to enter into a contract for fire protection with the Minnesota Historical Society (Fort Snelling Branch) , Fort Snelling, St. Paul, Minnesota, a copy of which contract is attached hereto and ma.de a part hereof. �4RM APPROY �t Co,�tp_oratian Cou�sse� DEC 1 � 1970 COUNCILMEN Adopted by the Counci� 19— Yeas Naya ���^ 1 � �'1� Butler Carlson ve� 19— Levine �1n Favor Meredith Sprafka Q� yor A gainst � Mr. President, McCarty PUBLISHED DEC 2 81970 � o��.,�,T��.�,� . �' 251��'7 , CITY OF ST. PAUL �INqL N� .' OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM ne�r�rEC er COMMISSIONE� �A� RESOLVED, that pursuant to Ordinance No. 13574� approved March 16, 1967, the proper City officials are hereby authoriz4d to enter intu a contract for fire protection with the Minnesota Historical Society (For� Snelling Branch), Fort Snelling, St. Paul, Minnesota, a copy of which contract is attached hereto and made a part hereof. DEC � � l� COUNCILMEN Adopted by the Cotm� 19_ Yeaa Naya DEC 1 i 1970 Butler Carlson Approve� 18— ��e Tn Favor Meredith � Mayor Sp� roC�Jt�11li}, �-��irV�C6.��� . . �1.'. PT881f�P.11ty �CCiAI'� �8 � i • . 4 . safely spared from the City; and in case an emergency arises within the City while the equipment and personnel of the Fire Department are engaged in fighting a fire involving said property, said Fire Chief or acting head of the Fire Department __ _ . � - � _ ..__�.� . � � � � � ���������� � FIRE SERVICE CONTRACT THIS AGREEMENT, made and entered into this day of , 1970, by and between the City of Saint Paul, a municipal corporation organized and existing under and by virtue of the laws of the State of Minnesota, party of the first part, hereinafter referred to as "City", and the Minnesota Historical Society (Fort Snelling Branch) , party of the second part, hereinafter referred to as "Applicant". • WITNESSETH, That 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 equip- ment and personnel of its Fire Department for the protection of the property situated at Fort Snelling, Minnesota, and described as follows : Section 29 , T28W, R23W of Hennepin County. Any calls for the use of such equipment and personnel shall be directed to the Fire Department of the City of Saint 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 Saint Paul such equipment and personnel, as in, the opinion of the Fire Chief or acting head of the Fire Department, ma.y be necessary for the proper and adequate protection of the City, and shall dispatch "'" for the protection of the property above described only such equip- � ment and personnel as in his opinion can, for the time being, be ^ ..,...,._... .,.,._ ,.,,._.. _ .. .._ __ __. _ ..-- - - ._ ,_ _ . _ ._ .. , ._- -__. _ ._ _. � __ ___ __... _ ��'°,..: , � . � . • . , �+...4--a-J � loss or damage to persons or property arising out of the use and operation of the equipment of the Saint Paul Fire Depart- ment 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 minimum 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 Saint Paul on the 16th day of March, 1967;and as amended thereto; a copy of which schedule of rates is attached hereto. . Applicant agrees to pay annually, in advance, said annual min.imum charges and agrees to pay in addition thereto, within thirty days after receipt of bill therefor, following each particular call, such amounts as ma.y become due for labor, use of equipment and repair work. In case of fai�ure 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, however, 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 in- ~ corporated in and made a part of this contract by reference with the same effect as if fully set forth herein. -3- ....�+....w:n�w+..«..�......w...�r..a..�..._....,,-.. ......_..._ ..._..... ........ . . . .. . . ... . . . ... .. ....... ... . . ... .... . . .. ..,... ...... . . . .. . .. ...__.... .. ... .!J�, �} . - ' IY....,�F...�e The annual charges under this contract shall 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 valuation. The statements of 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 contract shall be for a continuous term subject, however, to cancellation by either party upon thirty days ' written notice. IN WITNESS WHEREOF, the parties have hereunder set their hands and seals the day and year f irst above written. In Presence of: • CITY OF SAINT PAUL By ayor ommissioner o ic a ety � Attest ity C er Form Approved: Countersigned: � A t. C rporation ounse ity Comptro er In Presence of: MINNESOTA HISTORICAL. SOCIETY ���,t3�.-Q_ � ���cti�lv� BY � ��_ "-- � icer Director ,g.�.,_...�.._ C'�-r�^�^-�--y�-, 5 �Y'Y r��, �r �-7 ��< �v.c icer Approved as to form and execution this day of , 1970. ssistant orporation ounse -4- . �.. _ .__ __. _. n..,a. ,�,......�_ ...:_,�.. ._......�__ .__ _ , __ _ _� ' � " �: , �-; ,, . .,.:��..,.� � - , , • Counctl Tllc No. 2�'!173-Ordinancc No. ConLrnct Tcr�n; Clc�rgcs to Co:�torm � 1357�1-1Sy \Villi'irt ti'. C.:rlsot•— tu A�scsscQ \'alu:�lion. 'lhc cortr;ict ( srr;�R�; is shall bc for n cuntir,uous tcrm, subjcct Charges for I:qulE?mcnt nnd Pctsonncl. . An ordinancc provlrlin�: tor ihc m:ik- huwcvcr to r.niccll�tiur. Ly cithrr p;�rly 1n(; of conh•aci:; with vlll:�t,�•s, othcr ul,on :t0 d:iys' ��n ittcn noUcc. 7'hc cui- 'The ch�crt:cs !or cquipulcst .:nd ��cr.:on- �uvcrnmcnt:il subrlivisions, �n•i��atc cvr- nu.il ct�:ir�;os ttncicr �;iicl contrar[ sl�:�il .ncl actually uscd for firc protcctiun porations, nnd 1ndlvi�fu:iL;, for f�rc pro- bc adjustcd at tLc beLinning of' cach �Sor the :ipplicut�t sh:�ll bc in :iccord:u�cc LccUon to bc furnisRed hy the 1'irc ye:u� so that thcy �cill conforn� to ttw �ti'���i thc follo�ving scl�eduie: � Dc�rirtnicn( of thc City of S;dt;t ]':iul char�;es spccificil 1n Sccti�n ]2 on thc �'�i�'���cr — ;�00 per hour or fr:iction outsidc tl�c,cit>• limils, :�nd c,taUlishin�� basls ot ns�css�:d valuation; :ind thc thcrcof. L�cicicr Truck—$200 per hour or fr�c- n schedule of i•ales to bc chnt;i+d stalermcnts of. �;scsscd valu�liun pro- tion thcrcof., the�'cfor, vided for iu Scctiun l.sh:i11 be furnished . gescue Squad—�200 per hour or frac- - tit 1c��t 15 days prio: to tLc cspiration tio�t tl�ercof. The Council of the City oi Saint Pau] ot thc ycar Sor wLich .tLe annual ' Does Orcl�in: charzes l�avc bccn paid. • - , IIose \5'a�;ons—$iG0 per hour or frac- 5I:CT10N 1 tion thcrcof. APP1[cants riay A7�P1�' for I�lre Pro- S�C'�IOI�T 8 ' Foamite — }2U0 per hour or fraction ,teclion..\�'nenever any villa�c, covern- : thcrcof. • mental suUdivision,Privatc corporatlon, Clty to �.ctain F,quipmcnt Sufficlent Thc charFe for ]abor, apparatus �nd to 1'rotcct Clty. The Fire Chief, or iii other eryuipment shsll be•fi�;ured irom . or indivldu�l loca.ed oirtside of the case of his absence or disabilit the tinie ot leavin the fire station • � limit5 0= the City of St. P.�ul desires person tn a�tivc chargc of the�Filre until the time of rehirn to thc station.' . the City to furnish it or him with fire Department, may in his discretion re- protection, tie or it shall make �vrltlen tain 1n the City, suct� eqiiipment and ' applicatioii therefor to the Fire Depart- personnel as ma in his o»nion be SECTION 14 . - -- ,... .,c u.� Cley, specif::ing the cor- Y � � Bi)ling. The Departmer.t oL Public ' pora!e area or thc nature �nd extent tlecessary for thc pruper and adequate $�tet shall bill the a of t1:e reperty for w•liich such fire protection of tl�e City, and shall Y Pp%�cant annually p dispatch for the Firotection of the in advance on tt�e aiiniversary date of protection is to be furnished, a�id in applicant onl such ersonnel and each contract for the annua] charges the case o.` pri�•ate corporations and Y � hereinbeFore provicled for, and shali 1ndIviduals, furnishing a legal descri ;equipment in response to fire alarms or P- bill ihe applicant immediatcly after tion of thc rcal estate u on H•hicl� the 'calls by authorized persans as in his P � eac$ particular response to n fire or bui]ding ar.Q persunal property to be !opinion can for the tunc Ue:ng be fire alarm Sor char es for rotected arc located, to ether in all sately spared irom the Cify. G personnel, p E . apparatus and other equipment fur- cTSes with a statement oi the total _ ,- �nished ti�erefor. Itninediatcly sftcr the . _ • asscssed V:I�q:it10I1 of s�ic3 real estate SECTION �3 �` �return ot thc pr.rsonnel, ap,aratus and and personal property or of property City 11fay Recall Apparatus in L•'mer- �equipment Sran cach particu:ar fire or included in said corporale area as gency. In case an emergency arises fire alarm, ihe rire Department shall sho�+�n in the records of tlie County Witl�iri the City while the equipment furnish the Commissioner oi Putlic Auditor as of the date of application, •and personne] of the Firc Department� SafctS• ��:ith all thc data w�hich may be , said s t a t e�n e n t s to be furnished ,$rc engaged�in figh:ing a fim for tLe� necded fur the purpose of preparing . annually thereafter. 'applicant, the Fire Chiet or other per-i such bills. At the time o: billing the , son i�i acti�•e chargc of tYie Fire Depart-� applicant both for the annual ch-^.rge ' - SECTION 2 ment may in his discretion recall to the� and for the service furnished in Contract Forins to Be Furnisl:ed. The City irom the service of the applicant; response to each particular fire alartn, Fire Department shall thereupon fur- such cquipment and personnel as he the Commissior.er of Public Satety shall � � nish the applicaiit �vith contract forms may in his opinion consider necessary' furnish the Fire Chief wiih copies of � to be made oiit and executed by the to meet said emergency. The deter- each of said bills. , •applicant purcuant to proPer authority mination of the Chief or the �cti��e - •- - _.___by.its village council, or otYier govern- head of thc FirO Department as to SECTION 15 . .' ing body, or in case of corporations 'what equipment shall be furnished or Deposit of bloneps Recei�•ed. A]]' and individuals, by authorized persons, .withdrawn as provided herein, shall be moneys reccived from the applicant in :in acCOrdance with the tenns, condi- final and conclusive. . tions and limitations contained in this . payment of ^harges for fire protection ' ordinance. Said contract fortn shall be SECTION 10 auiside of the City of Saint Paul are pre ared b the Corporation Counscl hereUy dedicated and shall be credited p y Bill To be Paid fn 30 Uays. The bills to a Fire Fighting Equipment Trust in accordance with the previsions of in payment of any charges accruing Fund. The Comptroller is hereby au-. Sections 438.08_throu�h 438.10, Minne-I under the contract shall Ue paid within thorized and directed to assign a proper Sota Statutes. � 30 days after receint thereof, and in code number therefor.� ' SECTION 3 ease of non-payme�it �vithin that time . � .the City, throush the Fi:e Chief of SECTION 16 Surety Boud. , ' ihe Fire Department, may upoq writ- No Charge �Vhere P.eciprocal Agree- (a) After proper execution of the con- ten notice immediateiy tezminate the ment. No char e shall be im tract and its approval by the Corpora- contraci. The applicant shall pay for x posed for tion Counsel, it shall be delivercd to the fire protection tlie sums specified the use of fire equipment and personnel the Fire De artinent of the Cit to- in the case of communiti�s maintain:ng P Y� in the schedule incorporated in this gether tvith a surety bond in such sum ordinance, or in any amendtnent to Paid fire departments which have re- -as the Fire Chief shall in his discretion, said schedule which shall be duly � ' � and suUject fo the approval of the adopted by the City Council, provided � City Council, deem adequate,said bond that no amended schedule shall i �- -` "- . go into to be dra���a and approved as to form effect until after 30 daps'�vritten notice c�procal agreements ior such Service' by the Corporation Counsel. Said bond to the applicant. i with tlie City. . shall be executed pursuant to proper authority by or in behalf of applicant, SECTIOI�* 11 \ $ECTION 17 and by a responsible surety company, Special Arrangements.Tn special situ- attthorized to do business in the State Approval of Contract. After proper ations when ihe fire service �vhich the � of Minnesota. The execution of said execution by the applicant and ap- maniclpality desires or �vhich the City bond shall be approved by the Corpora= proval by the Corporation Counsel,said 'ys ready 10 furnish varies from that . . tion Counsel, atid the surety sliall be contract and bond shall be submitted to provided for by this ordinance, par- approved bY tlie City Council. the City Council, and upon proper ticularly in situations�vhere the service � (b) The corditions of said bond shal] approcal by the City Council shall be is to be furnished only in case of be for the payment of•all charges which executed by the proper City officials, extreme emergency, the City shall be shall becoine due pursuant to the con- and a copy thereof delivered to the authorized to make a contract through tract Sor fire protection, for the reim- applicant. Said contract shall be in its proper officers for such fire service . bursement to the City of all damages force and effect from and after execu- upon terms agreed upon by the parties, � to the equipment used in connection tion and delivery by th�e City of Saint without reference to the requirements with the fire protection furnished to Paul. . of this ordinance. the applicant,and for indcinnify-ing the • ' Ctty, its officers, agents and empleyees SECTION 12 � , 5ECTIOAT 18 � against all daims for injury or damage Annual Char es.Char es for fire ' to persons or property arising from g 6 pro- If any part,sentence,or clause of this the use of said equipment in fi�rnish- tectioii shall be as follo�vs: The appli- ordinance shall be adjudged void or of ing fire protection to the applicant cant shall pay an annual �ninimum no effect, for any reason whatsoever, pursuant to the contract, and for the �har�e of $10 for each $I0,000, or frac- such decision shall not affect the valid- tull performance by the applicant of tion thereof, of assessed valuation of ity of any of the remaining portions all the duties and obligations assumed �e real and• personal property for of this ordinance. under {he Contract. which the fire protection is to be fur- nished, including the real estate upon SECTION 19 SECTION 4 which the buildings and personal prop- This ordinance shall be deemed a _ erty are located, said assessed valua- part of the Saint Paul Legislative Code - Conditions of Contract. The contract tion to be determined by the lates: and shall be incorporated therein and to be prepared by the Corporation figures shown on the books of the given an appropriate chapter and/or . Counsel sh�ll con2afn the following County Auditor. If the annual pay- section number at the time of the next ' • terms and conditions, in addition to, ments based upon assessed valuations revision of the said Legislative Code. such other terms and conditions as the' of the rea] and personal p:operty pro- Corporation Counsel with the approva] tected shall be less than the following SECTIOIQ 20 � of the City Council, shall sce fit to minimwn charges, then the applicant ThIs ordinance shall take ef�ect and lncorporate in said contract, shall pay in lieu thereof minimum be fn force thirty days after !ts , , charges as follows: - SECTION 5 � In case the applicant is an individual passage, approval and publication. or cht�rch, he or it shall pay annually Aelease Clty from Damage Claims. �� passed by the Councll h4arch 16,1967. The applicant re]eases the City, its a minimum charge of $a0. officers,agents and employees,from all In case the applicant is a village or • Yeas—Councilmen Carlson. Dalglish, claims for damages or loss resulting other governmenta] subdivision it shall' Holland, Petcrsen, Tedesco, Dir. Presi- iront failure to furnish or delay in pay an annual minimum charge of$300, dent (Byrne)-6. . In case the applicant is a partnership, Nays-0. c+ ' furnishing men or apparatus, or Srom association or private corporation, er- � failure to prevent, controi or extin- cept a church, it or they shall pay a APProved Tiarch 16, 196Z guish any cm�IIagration, whether re- miniinum annual charge of $15�. �TIiOhSAS It. BYRNE, sulting Srorrt the negligence of Uie •�As�ociation" as uscd in the preced- D4ayor. City, its ofFiccrs, agents or emplol'ees, ing paragraph shall not be construed or otherwise.The applicant�vill indem- as including groups of indi��iduals who Attest: �ity and save harxnless the City, its are assocfated together solely for the HARRY E.MARSHALL, : oificers, agents and employees from all City Clerk. ' claims for iniury, luss or damage to Purpose of fire protection. Such In- pe�sons or ro rt occurrin in con-. dividuals shal] pay thc annual mini- (March 18, 19G7) nection with performance oi the serv- mum charge of S�O; but in the discre- ,.. .. �_. ._ . _._ . • . .•,s Ices hereunder and arising out of and tion of F'ire Chief, such individtials caused by the negligent acts or omis- may jointly enter into a contract and eions of appiicm�t's officers, agents or furnish a joint bond. In such case ihe penalty of the bond sh�ll be in such employees. amount as the Fire Chicf wlth the � ' SECTION 6 approval of the City Council, shall Refmb»rsc City for Dama,ed Tqul�_ determine �vill furni;h adequate pro- C ! tection to the City. ment. The applicant will reimburse the Z'hese annual char�es shall be paid irrespcctive of whe.t�er thc applicant City ior all lo^s end dnmare to said I durin^ thc �•ear rcquires or rcqucsts equfpinent wliile Ucing used on thc thc scrvices of tlic cryi�ipment aiid pr.mises of a�>ti�licnnt 1n connection personncl ot the Fire llep�rtrnent. Such with thc furnitihinp, of thc firc protcc- chargcs shall be in addili��n to thc tlon pro��tded Sor by thc cm�tract. char�;cs for cRutpment �nri personncl aclu:illy used for lire protectiun for the I . , �:� appllctult. . �,�,.�,q...�..,..,.� .. ,_,;� ...,..._. _. . _ - , _ _ _ .._._. _�_. ., _..._.._.....__ ° __._ _. _ � _ � • �fw^a..._-.