08-101RESOLUTtON
SAINT PAUL, MINNESOTA
Presented By:
Referred To:
Committee: Date
i WHEREAS, Xcel Energy wishes to conduct training at the Saint Paul Fire Department's training facilities,
z and
a WHEREAS, the Saint Paul Fire Department will make such training facilities available during evening and
s weekend hours when the facilities are not being fully utilized, and
� WNEREAS, the public purpose of Xcel Energy using the Saint Pauf Fire DepartmenYs training facilities is
s to create an environment of cooperation and teamwork and Xcel Energy would receive training to have the
s ability to quickly extinguish fires in theirfacilities which would limit the disruption of service to the citizens of
�o Saint Paul, and
,z NOW, THEREFORE BE IT RESOLVED, the proper city officials are hereby authorized and directed to
is execute an agreement with Xcel Energy to provide the use ot the Fire DepartmenYs training facilities, a copy of
,a said agreement is to be kept on file and of record in the Office of Financial Services.
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Adopted by Council: Date '������/�
Adoption Certified by Council Secretary:
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Council Pile # �b ���
GreenSheet# 3046943
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Requested by Department of:
Fire & Safe Services
By: ��� � , fi2E CNfx�
Approva ed by irector ot Financial Services:
By:
For ppr ved by City Attorney:
By:
Approv d May r Sub ' to uncil:
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Departmentlofficelcouncil: � Date Initiated: -
FR -F 3o-NO�-o� Green Sheet NO: 3046943
� CorHact Person 8 Phone: � DepartmeM Sent To Person Initiai/Date .
Keith Morehead '� � 0 Fre
644-9133 , qssign t 1 Fice ��, DenartmentD'veccor ' �� _��� / �
Must Be on Council Agenda by (Date): ! Number I 2 ;Ciry Attornev � ✓
For
, Routing '� !� �Iavor's O�'ice i Mayor/Assistant '�
� Doa Type: RESOLUTION I Order I q 'Council � I •
� I 5 ,City Qerk CiN Clerk �
� E-Document Required: Y i I !
; Document Contact: JiII LaCasse , I I
CanWCt Phone: 228-6257 � I
Total # of Signature Pages _(Clip Ali Locations for Signature)
Approval of the attached Council Resolution authorizing the Saint Paul Fire Department to allow Xcel Energy to use our fue training
facilities.
Planning Commission
qB Committee
Civil Service Commission
7. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this person(firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Xcel Energy wishes to use the Saint Paul Fire DepartrnenYs training facilities.
Advantages if Approved:
Additiona] revenue will be received for the City of Saint Paul.
Disadvantages If Approved:
None.
DisadVantages If Not Approved:
Lost opportunity to receive additional revenue.
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Transaction:
Funding Source:
Financial information: $150.00 per hout
(Explain)
CosURevenue Budgeted:
Activity Number: 35117
November 30, 20Q7 2:54 PM Page 1
�8-l0!
AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Saint Paul
Department of Fire and Safety Services (hereafter referred to as Saint Paui Fire) and Xcel
Energy {hereafter referred to as Xcei).
WHEREAS, Saint Paul Fire and Xcel wish to detail the terms of use of City of Saint Paul
Fire & Safety Services Training Center ("facilities") at 1683 Energy Park Drive, Saint Paui,
Minnesota by Xcel.
WHEREAS, the parties have hereinafter set forth the terms of said use by Xcel.
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
Sy prior arrangement with Saint Paul Fire Chief, Xcel may use the facilities for
firefighters located at Saint Paul's Fire Training Center located at 1683 Energy Park
Drive, Saint Paul, Minnesota.
2. Saint Paul Fire will make such training structures and devices at the facilities available
to Xcel during evening and weekend hours, on the dates requested by Xcel, subject to
Saint Paul Fire's own prior commitments.
3. Xcel will pay City:
a. The amount of one hundred fifty dollars ($150) per one (1) hour of use or
fraction thereof for use of the Burn Simulation Building (includes the gas pit).
Requestor shall suppiy their own Class A materials for training fires.
b. The amount of fifty dollars ($50) per one (1) hour session orfraction thereof, for
standby service of a Saint Paul Fire safety officer or instructor, if required.
c. The amount of fifty dollars ($50) per one (1) hour session or fraction thereof, for
the use of any classroom.
d. The amount of fifty dollars ($50) per one (1) hour session or fraction thereof, for
the use of the Driil Tower. No training fires shall be allowed in the Drill Tower.
e. The amount of one hundred twenty five dollars ($125) per one (1) vehicle
supplied by the City for vehide burns and/or auto extrication.
The amount of one hundred fifty dollars ($150) per one (1) hour of use or
fraction thereof for use of the Fire Behavior Simulator Prop Requestor shall
supply their own piywood and instructors for use of the Flashover prop.
All charges are accumulative.
D� �iD l
The total amount of this agreement shall not exceed $40,000.00.
Sessions will be determined by mutuai agreement between the parties and approved by
Saint Paui Fire as to the precise dates and times. If a training session is canceled less
than ten (10) days priorto the session's scheduled time, a cancellation fee of one hundred
fifty dollars ($150} will be paid to City.
4. Xcei shall maintain, during any times that Xcel is using the facilities under this
Agreement, cerkain insurance covecage which is described as follows:
a. WORKERS' COMPENSATION INSURANCE with coverage no less than the
statutory limits and EMPLOYERS LIABILITY INSURANCE with limits of not less
than:
$300,000.00 PER OCCURRENCE.
COMPREHENSIVE GENERAL LIABILVTY INSURANCE including b{anket
contractual liability coverage and personal liability coverage with a combined single
limit of not less than: $1,000,000 PER OCCURRENCE.
Such insurance shall: (1) name both the City and the City of Saint Paul, Minnesota
their elected and appointed officers, employees and agents as additional insureds;
(2) be primary with respect to City's insurance or self-insurance program; (3)
contain a standard cross liability endorsement; (4) not exclude explosion, collapse,
and underground property damage; and (5) be written on an "Occurrence" Form
policy basis.
c. EXCESS LIABILITY COVERAGE. Xcel additionaily agrees to obtain and maintain
during any times that Xcel is using the facilities under this Agreement, umbrella or
excess liability coverage, providing additional coverage beyond the limited general
liability setforth above, in the amount of not less than $1,000,000.00. The general
liability coverage shali contain an endorsement naming the City as Additional
Named insureds as to acts committed by Xcel for which the City could be held
responsible.
d. PROPERTY INSURANCE including fire, extended coverage and all-risk insurance
covering the demised facilities and all property located therein belonging to City in
an amount equal to the Market Value of the property. The amount of deductible, if
any, shall not exceed $1,500.00. The amount indicated below is the amount of
coverage agreed to by the parties at the inception of this Agreement. At its option,
City may procure an appraisai of the facilities and property and the new appraised
market value would then become the new basis for insurable value. The policy will
be issued in the name of the City with loss payable to City and Requester as their
respective interests may appear.
$ AMOUNT AGREED UPON COVERAGE
Dg-Ja/
With respect to property losses not covered by insurance, it shall be the
responsibility of Xcel to pay all costs to repair or replace damaged property with like
kind and within a reasonable time. Xcel shall be responsibie for payment of the
insurance policy deductible amount (as stated in the Property Insurance policy fior
the facilities) to the City in the event of any loss covered or which would be covered
by the policy.
e. The policies required in this section shail name the City, the City of Saint Paui, and
any person, firms, or corporations designated by City as an insured, and shali
contain a clause that the insurer cannot cancel or change the insurancewithoutfirst
giving the City thirty (30) days' prior written notice to their use of the facilities.
The insurance shall be placed with responsible insurance companies authorized
and licensed to do business in the State of Minnesota and approved by City, and
copies of the policies shali be delivered to City on the date of City's execution of this
Agreement. The policies shall also indicate that coverage shalf not be invalid due to
any act or omission on the part of the City. If such policies are not delivered to the
City as provided, the City may at its option terminate the Agreement.
It is specifically understood and agreed that all of the proceeds of such insurance
policies shall belong to and be payable to the City, and that the City, after
application of such proceeds to the loss, may apply any remaining proceeds to a
separate, noninsured loss of Xce4. If for any reason any of the insurance hereunder
is void, Xcel is responsible to the City for the total amount of uninsured loss.
Insurance limits shall be subject to the tort claims Iiability limits as set forth in
chapter 466 of Minnesota Statutes.
5. Xcel agrees that while conducting live fire training at the facilities, all activities will
conform to St. Paul Fire's Traininq Genter Information and Guidelines Packet, attached
as Exhibit A and the current National Fire Protection Association (" NFPA"), Standard
1403, Live Fire Traininq Evolutions. Xcel agrees to provide and enforce al! oversight,
instruction, and safety compliance of their personnel or any individuals that Xcel
allowed at the facilities under this Agreement. Requester assumes responsibility and
liabilities for ali Requester's personnel or any individuals that Xcel allowed at the
facilities under this Agreement, during the time Xcei has sue of the faciiities under this
Agreement. If Xcel fails to conform to the guidelines in Exhibit A and/or the current
NFPA, Standard 1403, Xcel shali be responsible for any reduced value of the facilities
and all other damages or injuries that occurred due to Xcei's failed responsibilities
under this Agreement.
6. Xcel shall be responsible for any and all required cleanup required as a result of this
usage. Xcel will clean the training facilities to the satisfaction of Saint Paul Fire
inciuding the removal of all debris.
7. Xcel agrees indemnify, defend, save and hold harmless the City and any of its agents,
officers, officiais or employees from all claims, demands, actions or causes of action of
whatever nature or character, arising out of the actions of Xcel or the use of the