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235727 ORI�GINAL TO CITY CLERK ��v' B �F^ � ,, • � CITY OF ST. PAUL couNCi� {r OFFICE OF THE CITY CLERK FILE NO. _ �I C�JU IL SOL TION—GENERAL FORM PRESENTED BY �� s��7L �� COMMISSIONE DATF k � I RESOLVED, That the proper City officials are hereby authorized, and directed to enter into a contract for fire protection with Flill Fligh School of Maplewood, Minnesota, a copy of which contract is attached hereto and incorporated � herein by reference. �� .._,.._._. - _,;, FORM APPROV D Asst. Corporation Counsel NaL� 101967� COUNCILMEN Adopted by the Council 19._ Yeas Nays , �, �� 10196� Dalglish Approved 19� Holland �, Tn Favor Meredith � Peterson O - ' Mayor Tedesco A gainst Mr. President, Byrne P`UBLISHE� �O� �$ �� ' �22 , y� a t' ' ' " ��j�D.. �� • FIRL, SF;lil�7CL COJITRACT TH- S AGR1�Lr-�I��Pd`i', made and en�;er�d into this ��-"-`� day of Ci��t'`'`''� �, 196�, by and bel;ti;een the Cii;y of Suint Pauly a municipal corporai;ion organized and existin� under and by virtue o1' the la�as of the Si;ate of Mi.nn�sota, , party of the first part, hereinafter referred to as "City" , . and ��l�� l�� %�-�'��-��'� - - - of .� � ��c?C.•z��-�� part�� of the second pr�rt, hereinafter referred to as "Applic:ant". WITTdESSET�i, That for and in consideration of the covenants and agreer,lents hei�ein contained, said City agrees . to furnzsh upon the terms Gnd condii;ions hereinafter set forth, the equipn�ent and personnel of its Fire Departmerit for tYie proi;ec�ion of the pi°operi;� described as foll.o��s : Subject to roads and except the West 264 feet of the South 330 feet and except part in South 260 feet of the East 351.48 feet of part west of Beebe Road of the Southeast 4 and the tidest 4 of i:he Southeast � of Sec. 14,T.29,R.22. Any ca11s �or th� usc of such equipment ar�d personnel shall be di_rected to th� k'ire Pepartment of the City of. Saint Paul. Upon receipt of such calls � said Fire Depar•tr.nent shall dis��atch such ec�ui.pment ancl pezssonnel as in th� opinion of the Fire Chief o`f the Fire Department, or in case of his absence or ciisabili�y , the person in ac�:ive charge of -the Fire Depart- meni; raay deem to be adequate. The City reserves the right to retain iil. the Cii.y of' Saint Paul sacl-� equ��T�ant ar,u � person��el as, in the opinion oi' the Fire Chief or acting head �f t;he Fire Departtneilt, may be r�ecessarjr for the proper and adeq�tat� protection of tlze Cii.y, an� shall dis��atch for. the proteci;ion of the properi:y above dl scrib�d on�,y sucr equi.p��ni; , � and persc�nnel as in his op�n�.on can, for �;he tiin� be�.ng , be ',, . , .. � i ` ,', . . � � � safely spared from i,he City; and in case an emergency arises wi�;hiil i;he Cii;y ��hile i;he equipmen�; and per�sonnel of the Fire � Department are engaged in figh�;ing a fire involving said proper�;y, said rire Chief or act;ing head of �,he Fi.re Departinent may� in his discretion� recall to the City of Saint Paul from the service of Applicant, such equipmeTit and pzrscr�n�l as he � may consider in his opinion necessary to rueet said emergency. In case �reather or road conditions are such that in the ' opinion of said Fire Chief or actin� head of i;he Fire Department� equipment and personnel canno� be furnished to Applicant vrith reasonable safety, he may in his discretion refuse to an�sl�rer the ca11 of Applicant. The determina�:ion of the Fire Chief or the acting heacl of t;he Fire Depari;ment as to �rhat equipment sha11 be furnished and ti•rhether equipment shall be l�rithheld or , V�ithdrawn, as provided herein, shall be final and conclusive. A"pplicant releases the Ci�;S=, its officers, a�ents and eroployees from all claims for daniage or loss resulting frorn . failure to furnisli or delay in furnishing men or apparatus , or . from failure to prevent, control or extinguish any fire or conflagration whEther resultin� from the negligence of the City, its officersy agents or employees or othert•rise. This provision is intended tocperate as a release fro� all claims on the par�; of property oti�rners or oth�r persons having an ' interest i.n the property f,or 1•rhich fire protection is requested , by Applicant,; and it is under. stood. and agreed that resp�nse to , calls by the Ci�y of. Saint Pa�a.l is made on_ly upon �;he conditions of 1;he release from all claims by the property oti�rner or other ' in�:ez°ested party, �•�hetllez• said calls are made by Applicant or by any other person in Applicant ' slbehalf. � + Applica�zt hereby �grees i:o i�demnlfy and save ha��mless the ' ,, . Cii;y, i�;S c`1, gC�I1t:S � officers and employees fron all claims for injury, 2 • i � �: � _ . • ]_oss or dama�e 1;o persons o� properi;y arising out of �;he use nnd oporation of the equipmcnl; of �;he Sa9.n�; Paul I�ire Depar�:- ment iil i;he servi.ce af Applicani; on �;he Applicant ' s premises. Applicant fui�ther agrees to reimburse �:he Ci�;y for all. loss of and dar,iage i;o said equipmen�; whi].e being used to furnish services to Applicailt. � � Applicant agrees to pay to the City for the ser•vice provided for herein, the annual minimuru charges and the rates � . . . � for labor and repair work and use of equipment provided for in that certain ordinance enacted by the Cit Cauncil of the City -� , ` p of Saint Paul on the �✓� L� �``" day of � � 19�; and as amended thereto; a copy of which schedule of rates is attached herel;o. Applicant agrees to pay annually, in advance� said annual minimuLn chargcs and agre�s to pay in addition there�o,. i,ri�;hzn thi.��ty days after receipi; of bill therei'or , , folloti•ring each particular ca)_l, such arnounts as may become due � f'or labor , use of. equipraent and 1 e�aiZ� tiyork. Ir� case o� failure to rna�:e such payr.�ient ti•rithin thi.rty days, the City may, at its option, iminedia�ely ter�n�.nate this contract. In case of enac�;ment of an or�inanc� changing said annual charges or said schedule of charges for l.abor , use of equipment and repair YTOI•k, Applicant agrees to ma�ce payment in accordance 4rith such changes cotimencing thiri;y days after �rritten notice thereof, provided, ho�rever� that such changes as to annual charges shall ' not be effective until the succeeding annual payment under ' this contract shall be due. - Applicant ,f.urther agrees to be �bound by all the terms and condit�ions of said ordinance and, upon thir�;y days ' written not;ice of any amendmFnt there�;o , agrees to be bound by the i.erms and conclations of such a.,�endment. Said ordinance is incorpoz�ated in and made a part o�'� this contract by referEnee ;, �ri�:h �;he same ef�'ect as if fu�.ly s,et foz�i;h herein. � 3 . . . , ', '' �- : , . . The annual charges und�r this contract shall be adjusted at the be&inning of eacYi year of the con�;r•act so tha�; they �rill coilfoi•m to �.he clzarges provided for in said ordinance� on the basis of assess�d valuation. The statements of assessed valuation of the� properi;y covered by this coni;raci; and provided for in said ordillance , shall be furnished annually at least � fifteen days prior to the expiratS.on of each year for whicl� �;he annual charges have been paid. � ^ This .contract shaZl be for a continuous •term subject� hoti��ever, to caricellation by. either party u�on thirty days ' �written notice. IN k?ITI�TESS I;rHEF�OF, the parties have hereunder set their • hands and seals the day and year firs�; above ti�rritten. In Presence Of: � CITY OF SAINT PAUL By . - Mayo,r Commissioner of Public Safety Attest ' City Clerk Form A proved: Countez signed: -- ------Speci-al- ssistan�; - - �- Corporation Counsel . . . City Comptroller . � In Presence Of: �J�i "�-��y/ =�<,�1 �l C' B� f�J�t''� ��U/�` ('L-`'JT--4' ! -f� , Lr ��`��/�:/ , / � -- - � �JfiJc�e'r�)_ � - i �'Y_{I� l/ i `-i•�/1 V(�CX�i � � I , /�. �c�:� (Officer) �/ � J ��G�, - Approved as to f or•i i and execution ( � ,thi s __ day of , , ,` igo7. . � S�ecia]. As�isi;anL- Cor•poratio�l COLlIl5@1 � � 4 � i . .. `� ` � . .� i` � ` � t, � I • � • � ,� • l. The chargcs for equipment and personnel aci.uatly used :` for fa.re protection for the applicant shall be in � accordance with the follo�•�ir�g schedule: Pumper-$200 per hour or fraction thereof. Ladder Truck-$200 per hour or fracta.on thereof. � Rescue Squad-$200 per hou�_ or fraction thereoi. �Iose j•lagons-$100 per hour or fraction thereo�. ' Foamite-$200 per hour or fraction thereof. The charge for labor, apparai:us and other equipment shall be figL�red irom the time of ].eaving ihe fire si:ation until � t'�e �ime of return to the station. • . - � � r . � rr . �