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235093 ORICi1NAL TO CITY CLERK �� CITY OF ST. PAUL , FOENCIL NO. _ � OFFICE OF THE C�ITY CLERK C UNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DATF _ 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 Knutson Construction Company, 245 Marquette Ave. , Minneapolis, Minnesota, a copy of which contract is attached hereto and made a part hereof. FORM APPR �D. Asst. orporatic�ii �o�nael COUNCILMEN � Adopted by the Cou��lP 2 0 1� 19— Yeas Nays Carlson �'EP 2 4 19� - Dalglish � Approved 19— �SII�� Meredith Tn Favor PetErsarr'� � ;�O��iA,�' Mayor Tedesco A gainst ` ��=��i��:��i. s. �vTr.�Vice President (Pefierson) PI�BLISMED SEP 2 31967 � � . ,-� �2z � 1 �� ?UrIIGATE TO rRINTER ,' CITY OF ST. PAUL F,OENCIL NO. � �r OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DATF � RE30LVED, That pursuant to Osdinance No. 13574, approved MarQh 16, 1967, the proper Ci�y official� are hereby authorized to enter into a contract for fire protection with I�utson Const=uction Company, 245 Marquette Ave. , Minneapolia, Minnesota, a aopy og which contsact is attached hereto and made s part heseof. - COUNCILMEN �EP 2 Q 19�`� Adopted by the Council 19_ Yeas Nays _ Carlson �� 2 0 196� Dalglish � �� Approved 19— Meredith n Favor ��=�'t � May�r Tedesco A gainst �.. ..,.� ��;;;�':��::�`�:r3��i�. Mr. Vice President eterson) �22 " ��.:'�:'� ,•� ' . . • • ' ' � ' , . � ' � . . • � , - . ' . . ' • �� • . . . . . . , z9� • • • ' FIF� SERV�CE CONTHACT ' , � � THIS AGRELI�I�NT� made and en�;ered into this ls� day , ' of September � 1967 , by and between the City of Saint Paul.� a municipal. corporation organized and existing urider and by virtue of the laws of the State of Minnesota, � party of the first part, hereinafter referred to as "City" � , _ and �D.��Z��'t4�Y��I��, KNUTSON CONSTRUCTION CGMPANY. • of 245 Marquette Ave. , Minneapolis,r4innesota part Y of the second part, hereinafter referred to as "Applicant"o � ' WITNE5SETH� That for and in consideration of' _the covenants and agxeements herein contained, said City agrees � �to furnish upon the terms and conditions hereinafter set forth9 . , the equipm�nt and persorinel of its Fire Department for the . protection o�f the property described as follorrss , , . A tract of land located within the boundaries of Fort Snelling � Governmentc Reservation and being in 5ection Twenty.(20),. Township , Twenty-eight (28) North, Range Twenty-three (23) West of the Fourt:h • Principal Meridian, Hennepin County, Minnesota, ' � : � Any calls for the use of such equipment and personnel : � � shall be directed to the Fire Department of the City of Sa�nt ' : Paul. Upon receipt of such calls, said Fire Department shall i . . . � � dispatch such equi.pment and personnel as in the opinio.n of the I . • � . , . . �` . , ' Fire Chief �of the Fire Depar�ment9 or in case o�� his absence� � I� � � � or disabilit the erson in activ� char e of the Fire De art- ,, . Y, P g P � . � . . �. , ment may deem ta be adequate. TYie City r�serves the right �� • to retain in. the City of Saint Paul such equipment and � �' ; personnel as, in the opinion of the Firz Chief or acting head �' of the Fire D�partmenty may be necessary for the proper and �. . � iadequai:z protec�ion ef the Ci.tyy ar�d sha�l disp�tch i'e�r �'r�e ' � ' protection of , the property above described only such eq�aiprnent '� and personnel as in his opinion� can9 for the time being9 be ; 1 • • • • '� . . ' � �. . i ` • ' . . 1 . •r . 1 ' . , . � • . . . , , safely spared from the City; and in c�►se an emergency arises � � ' � within the City w11i:Ie the equipment arid personnel� of the Fire � , D�pari;ment are engaged in figllting a fire involving said • p��operty, said Fire Chief or acting h�ad of the I'ire Department , ruay, in his discretion� recall to the Cii;y of Saint Paul. from ' � � the service of Applicant, such equipmE�nt and personnel .as he ' � may consider in his opinion riecessary to meet sai'd emergency� . � In case weather or road conditions are such that in the � � ' � opinion of said Fire Chief oi• acting head of the Fire Departmenti equipment and personnel cannot be furr�ished to Applicant with . � reasonable sai'ety, he may in his discz�etion refuse to answer the call of Applicant. The cleterminat:ion of �:he Fire Chief or � . the ncting head of the Fire .11epartment �as to �rh�t equipment � � � , • shall be furnished and t��hether equipmcnt shall be withheld or , � ' withdrawn� as provided herein� shall be final and� conclusiveo . . Applicant releases the City� its officers9 agents and ' employees from all claims for damage or loss resulting from . failure to furnish or delay in furnisYzing men or apparatusS or � . from failu�e to prevent, control or. extinguish any fire or ' ' conflagration whether resulting fror�l the negligence of th�e . ' .. City, its officers, agents or employees or otherwiseo This provision is in�ended tocperate as � release from all claims • ; . . . on the pari. of property owners or other persons havirig an � . � interest in the property for which fire protection i's r�quested , by Applicant; and it is undersi;ood ��nd agreed that response to • � calls by the City of Saint P�ul is made only upon the conditions ; of the release. from all claims by the property owner or o�her : . in�;er:es,ted party, tirhether said calls are r�ade by Applicant or by any other person in Applicant ' s behalfo . , . Applicant hereby agrees to indemnify and save harmless the . .� � Ci1;ys its agents9 officers and employees from a11 claims for in�ury, ' ' . � . 2 � � . � . . , . . ; . . � _.___�. ._..-- ----------- -,---- ---_ . ,_, ._ . -----.—�- ----. -•--- --,-� . r � . . • .� . . . . � � � • . -�� . ,� , � loss or damage to persons or proper�ty arising out of the use • ' . and operation of the equipment of the Saint Paul Fixe De- ' partment 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 Ci�ty for the ser,crice provided � � � for herein, the sum of $187.50 per morith and in addition thereto, ' the charges for equipment and personnel actually used for fire � protection for the Applicant shall be in accordance with the . fallocaing schedule: ' . , ' I' Pumper-$200 per hour or fraction thereof. � ' � Ladder Truck-$200 per hour or fraction therevf. '. � • , � � ' Rescue Squad-$200 per hour or fr��ction thereof. � ' I .� � � . Hose Wagons-$100 per hour or frac�.ion thereofn Foamite-$200 per hour or fraction thereofo The charges for labor, apparatus and other equipment * � � shall be figured from the time o� leava.ng the fire _ � . station until the time of return to the station. � � xn case of failure to make such paymeizt within thirty' days, the ' ' City may, at its option, immediately terminate this contracto ' , . j This contract s}�all be in full force and effect until 12:01 A.M� � . January l, 1969, subject, however, to cancellation by either party � . • . � upon thirty days ' written notice. • • ; � � . i . ' ' ' ' • . -� . j � � � � - . , � = � � . I - � � � � : � . - . � � . I � . � � � � � � � 3 - - , , . , . . .� � • . . . ' � . ' . i � � . • • � � � ' � . i . . � \ . . . • . � . � . _ ...._..---�----- - .__..�—.__.. . ._. _. . _.. ._____. . _... . .. .—- ___.__. _�__.�__.--- .-----�--�------ �-----_. y, � y �^ y y . �� • � IN F•7ITDTESS ��7HEREOF, the parties hav� h�r.euni:o sEt their ` hands and seals the day ancl year first above ��ritten. CITY OF SAIN'1' PAUL In Presence of � . By � . rsa�;.� , � �f�� - � r Commissioner o� Public Saiety Att�es t: � City Clerk � Countersigned: � � City Comptroller� KNUTSOI�T COi�STRUCTION COi✓IPANY � ��`��$ `��. In Presence of / �/� � BY � ��/�-Y�-C�f-��2�C/ _ �._ W. I?uerner . . President , Form Approved: � � � S�ecial Assistant Corporation Counsel Approved� as to form and execution � - this day of , 1967 Special Assistant Corporation Counsel . � � 4