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HomeMy WebLinkAboutCC RES 00-035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT FOR USE OF THE MINNEAPOLIS FIRE DEPARTMENT FIRE TRAINING CAMPUS Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104798 Box: 31 Folder: RES 2000 Document: CC RES 00-035 A RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE CONTRACT FOR USE OF THE MINNEAPOLIS FIRE DEPARTMENT FIRE TRAINING CAMPUS Q� L CITY OF ST. ANTHONY RESOLUTION 00-035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT FOR USE OF THE MINNEAPOLIS FIRE DEPARTMENT FIRE TRAINING CAMPUS BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute a contract for use of the Minneapolis Fire Department Fire Training Campus to provide the ability to instruct City of St. Anthony personnel in maintaining their firefighting skills and abilities. Adopted this Ct8- day of , 2000. ATTEST: City Clerk Reviewed by Administration: City Manager • • _ FACILITIES LEASE AGREEMENT CITY OF MINNEAPOLIS MINNEAPOLIS FIRE DEPARTMENT NORTH CAMPUS FIRE TRAINING FACILITY THIS FACILITIES LEASE AGREEMENT is made this day of , 19 , between the City of Minneapolis, Minnesota, a home rule charter city, hereinafter referred to as `'The City," and , organized or existing under the laws of hereinafter referred to as "The Lessee." IN CONSIDERATION OF THE FOLLOWING TERMS, CONDITIONS AND MUTUAL PROMISES, THE CITY AND THE LESSEE AGREE AS FOLLOWS: 1. EFFECTIVE DATE AND TERMINATION DATE. This Facilities Lease SAgreement shall be in full force and effect from the date it is signed by the City and shall remain in full force and effect for one year from the date it is signed by the City. 2. SCOPE OF THE AGREEMENT. If the Lessee pays the rates of use set forth in this Facilities Lease Agreement and complies with all the other terms of this Facilities Lease Agreement, the City agrees to provide to the Lessee the use of the North Campus Fire Training Facility, hereinafter referred to as "The Facility", located at #25, 37`x' Avenue Northeast, Fridley, Minnesota, 55421. The Facility includes what is commonly referred to as the "Burn Building," the "Tower," the "Classroom," and all of the open area at the Facility. All provisions of this Facilities Lease Agreement shall be coordinated and administered by the Minneapolis Fire Department. 3. SCHEDULING. The Lessee will only use the Facility at a time that is convenient to We Minneapolis Fire Department and at a time that was mutually agreed upon and previously OFheduled by the-Minneapolis Fire Department and the representatives of the Lessee. The City reserves the right to alter or cancel a previously scheduled and agreed upon time for the Lessee to use the Facility. 4. MINNEAPOLIS FIRE DEPARTMENT TRAINING PERSONNEL. Lessee agrees that at all times Lessee is using the Facility for any purpose whatsoever, regardless of the number of people Lessee brings to the Facility, Minneapolis Fire Department Training Personnel at the Facility will have complete control over all activities at the Facility and will determine the necessary Minneapolis Fire Department Training Personnel needs. 5. BILLING. The City and the Lessee agree that the City will provide an invoice to the Lessee at the end of every calendar month in which the Lessee utilized the Facility setting forth the 40ates of use for the use of the Facility, setting forth the amount of time the Lessee used the Facility in the month in question, and setting forth the total fee for the Lessee's use of the Facility in the month in question. The invoice will indicate that the amount due and owing the City is payable immediately. The Lessee agrees to pay any amount due and owing as indicated on the invoice immediately. 6. ASSIGNMENT. The Lessee agrees not to assign its right of use of the Facility to any other person, organization, or other entity. 7. RATES OF USE. The Lessee agrees to pay the following rates of use for the use of the Facility: a. The Burn Building: i. Monday through Friday, 8:00 a.m. — 5:00 p.m.: • Zero 0 —Two 2 hours of operation: $400.00 flat rate � ) � ) P 2 Each Additional hour of operation or any fraction thereof: $150.00 per hour ii. All other times: Zero (0)—Two (2) hours of operation: $450.00 flat rate Each Additional hour of operation or any fraction thereof: $175.00 per hour b. The Tower: i. Monday through Friday, 8:00 a.m. — 5:00 p.m.: Each hour of operation or any fraction thereof: $65.00 per hour ii. All other times: Each hour of operation or any fraction thereof: $85.00 per hour c. The Classroom: • i. Monday through Friday, 8:00 a.m. — 5:00 p.m.: Each hour of operation or any fraction thereof: $65.00 per hour ii. All other times: Each hour of operation or any fraction thereof: $85.00 per hour .8. AMENDMENTS. The City may amend this Facilities Lease Agreement at any time to compensate for any increase in the price of the materials necessary to properly staff the Facility. 9. HOLD HARMLESS. The Lessee agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liability, claims, damages, costs,judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Lessee, its employees, agents, or participants in using the Facility. 10. LESSEE'S INSURANCE. This contract shall be effective only upon the approval by •he City P of acceptable evidence of the insurance detailed below. Such insurance secured b the Y 3 Wessee shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of this Facilities Lease Agreement and shall remain continuously in force for the duration of the agreement. The Lessee shall secure and maintain the following insurance: i. Worker's Compensation insurance that meets the statutory obligations with Coverage B —Employer's Liability limits of at least $100,000 each accident, $500,00 disease—policy limit and $100,000 disease each employee. ii. Bodily injury in the amount of at least $300,000 per individual and $1,000,000 for injuries or death arising out of each occurrence. Property Damage liability in • the amount of$100,000 for each occurrence. iii. Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $500,000 per accident. If a Lessee is a self-insured organization, the Lessee agrees to permit the City to determine the .adequacy of its self-insurance fund. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Lessee. Any policy deductibles or retention shall be the responsibility of the Lessee. The City does not represent that the insurance requirements are sufficient to protect the Lessee's interest or provide adequate coverage. 11. CANCELLATION, CERTIFICATES OF INSURANCE AND PREMIUMS. All policies of insurance shall provide that the insurance company will notify the City at least thirty (30) YP Y 6days prior to the effective date of an policy cancellation, modification or non-renewal. Prior to the 4 •date on which the-Lessee commences any activity at the Facility, evidence of coverage is to be provided on a City furnished Certificate of Insurance. The City may direct that copies of the actual insurance policies, or renewals or replacements thereof, be submitted to the City. 12. DATA PRACTICES. The Lessee agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Lessee will immediately report to the department head signing this Facilities Lease Agreement any requests from third parties for information relating to this Facilities Lease Agreement. The City agrees to promptly respond to inquiries from the Lessee concerning data requests. The Lessee agrees to hold the City, its officers, department heads and employees harmless from any claims resulting from the Lessee's unlawful disclosure or use of data protected under state •and federal laws. 13. COMPLIANCE WITH THE LAW. The Lessee agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. Ch. 363), the Minneapolis Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disability, religion and with sexual harassment. In the event of questions from the Lessee concerning these requirements, the City agrees to promptly supply all necessary clarifications. Violation of any of the above laws can lead to the termination of this Facilities Lease Agreement. 14. AFFIRMATIVE ACTION. Persons who are authorized to execute this Facilities Lease Agreement are encouraged to review the City's policies on Affirmative Action. • s �15. AUDITS. The Lessee agrees that the City, the State Auditor or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Facilities Lease Agreement. 16. APPLICABLE LAW. The law of the State of Minnesota shall govern all interpretations of this Facilities Lease Agreement and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in and under those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Lessee. •17. INTERPRETATION. The Lessee agrees that any interpretation of any clause or term of this Facilities Lease Agreement shall not be construed against the drafter of this agreement. 18. CANCELLATION AND DEFAULT. Either party to this Facilities Lease Agreement may cancel this agreement upon thirty (30) days written notice, except that if the Lessee fails to fulfill .any of its obligations set forth in this Facilities Lease Agreement in a proper and timely manner, or otherwise violates the terms of this Facilities Lease Agreement, the City or the department head shall have the right to terminate this Agreement if the Lessee has not cured the default after receiving seven (7) days written notice of the default. Notwithstanding any other provision of this Facilities Lease Agreement, the Lessee shall not be relieved of any liability to the City for damages sustained by the City as a result of any breach of this Facilities Lease Agreement by the Lessee or any of the Lessee's negligence or overt acts of any kind. • 6 �9. NOTICES. Any notice, demand, correspondence that is authorized or required under this Facilities Lease Agreement shall be in writing and shall be sent by hand delivery or certified mail to the other party as follows: To the Lessee: (name) (company) (address) To the City of Minneapolis: Ulysses S. Seal • Assistant Chief, Minneapolis Fire Department 350 South 5`h Street—Room 230 Minneapolis, MN 55415-1387 • ON WITNESS WHEREOF, THE LESSEE AND THE CITY HAVE CAUSED THIS FACILITIES LEASE AGREEMENT TO BE EXECUTED IN THEIR BEHALF RESPECTIVELY BY THEIR PROPER OFFICERS AS FOLLOWS: FOR THE CITY OF MINNEAPOLIS: FOR LESSEE: CITY OF ST. ANTHONY BY: BY. Mayor �Ix� DATE: ITS: MAYOR DATE: 20 a.� 0A , Z D Da BY: BY City Clerk ��— • ITS: _CITY MANAGER DATE: BY: Finance Officer DATE: Approved as to Form and Execution: BY: Assistant City Attorney DATE: • 8