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09-327Council File # //� �'a7 Green Sheet # 3�68236 1 2 � � 4 5 6 7 8 9 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NT PAUL, MfNNESOTA Presented by �� WHEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services, hereinafter called th "city", des'ves to conduct various fire training exercises at the property commonly known as 955 Seminary Avenue located in the City of Saint Paul, Ramsey Counry, Minnesota; and WHEREAS, upon information and belief, the above described properties aze owned in fee by the Saint Paul Port Authority, 345 Saint Peter Street, Suite 1900, Saint Paul, MN, 5510] hereinafter called "Owner"; and WHEREAS, the City desires to enter into a proposal and a�eement with the Owner to conduct fire training exucises at the properties described above; and WHEREAS, thz Owner has indicated a willingness to accept the City's proposal upon the signing of an agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any and all c]aims of third pazties as might be asserted as che result of, and during the time of, the City's training exe�cises conducted at the properties described above snbject to the City's legal immuoitfes and starutory tort ]imits; NOW THEREFORE IT BE RESOLVED, that the proper officials of the Ciry are hereby authorized and d'uected to execute such an aereement with the Owner for the purposes of permitting fue Raining exercises at the property commonly known as 955 Seminary Avenue, Saint Paul, Minnesota; AND BE IT FURTHER RESOLVED, that the proper officials of the City aze hereby authorized to entes into an agreement containirrg language indemnifying the Owner from any and all claims of third parties as mi,,rht be asserted as the result of and during the time of, City's training exercises as the address noted hereunder subject to the City's legal immunities and statutory tort limits; AND BE IT FINALLY RESOLVED, that a copy of said ageement shall be filed and kept as a record in the Office of Financial Services of the C1ty of Saint Paul. Bostrom Carter Harris Helgen scark Thane Adopted by Council: Date Yeas ✓ Adoption Ce�rt by Council Secxetary BY �i� /�i1�! �iliL,�SO// Approved by Ma r: Date 2, J�� By: , ��G� ,�-N9 a . Requested by Department of: Fire and S< B y' %—.� � /l�""" Approved b 1 Seaa*iees � y� � By: /� Approvedby Ett�i4ttrn�t�ey f' 5ros By: Approv by M yo f r Sub " ic � t ouncil By: d9�� Green 3heet Green Sheet Green 5heet Green Sheet Green Sheet Green Sheet ' Departmenf/0ffice/CounciL �-Datelnitiated: ' GCP.P.II S�PrP.� NO 3068236 r � R _ Fire ' 13-MAR-09 ConWd Person & Phone: Keith Morehead 228-6223 �' Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION ' EDocument Required: Y ' DocumentConWM: ��aCasse i ConWdPhone: 228-6257 �► ' ° t Assign Z Number 3 For Routing 4 Order ! 5 C��ifV � Department Dirxtor Ma�ve�hs+sts»b � n:._ � � j Totai # of Signature Pages _(Clip Ail Locations for Signature) i Action Requested: �� Approval fo the attached Council Resolution authorizing the Department of Fire and Safety Services to conduct various fire haining i exercises at the property located at 955 Seminary Avenue, Saint Paul, Minnesota. RecommendaGons: Approve (A) Qr Reject (R): Planning Commission CIB Committee CivilService Commission Personal Service ConVacts Must Answer the Following 4uestions: 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3 Does this persoNfirm passess a skill not normally possessed by any curcent city employee? Yes No Explain all yes answers on separate sheet and atWch to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Department of Fire and Safety Services is offezed the opportunity to conduct fire training exercises as a result of the owners' willingness to offer [his properry for demolidon pucposes. Advantages If Approved: Disadvantages If Approved: Disadvantages {f Not Approved: Totai Amount of Transaction: Funding Source: , Financia{ Information: �, (F�cpfain) CosURevenue Budgetetl: Activity Number: March 13, 2009 11:45 AM Page 1 GS 3068236 �%3�> FIRE TRA.INING EXERCISE PROPERTY AGREEMENT An aa eement dated this 20�' day of FebruaLy 2009 by and between the City of Saint Paul, Minnesota, and hereinafter cailed "City" and $t. Paul Port Authority, 345 St. Peter Street #1900, Saint Paul, Minnesota 55101 hereinafter individually and collectively called "Owner". WITNESSETH: Whereas, the City, acting through and by its Saint Paul Fire Department, desires to conduct various training exercises in the interest of instructing and enhancing its staff in the many and varied techniques of fire suppression; and Wt�ereas, the training exercises involve a variety of tasks that necessaxily result in the destruction of materials and property and include such activities as burning, sawing, boring, axing and chipping; and Whereas, the City has need of a stock of existing structures, both commercial and residential to use in its training exercises; and Whereas, the Owner represents that they are the fee owner for the below described Property; and Whereas, the Owner has generously offered the structures located at the Property identified below to the City for the purposes of assisting the City in its fire training; IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND OWNER AS FOLLt)WS: 1) ThaC the foregoing recitals are incorporated herein by reference. 2) That the Owner has removed any personal property or materials the Owner deems necessary from the Property located at 955 Seminary Avenue, Saint Paul, Minnesota 55104 {herein this Agreement, the "Property" ) priar to the City's entry and freely consents to the entry of the City upon the Property, in conformance with the schedule and scope of activities agreed to between the parties (Attachment #1). The City may, without notice to the Owner of its intention to do so, temporarily occupy the Property for the purpose of conducting wark or fire training exercises, which will or might result in the destruction of the Property and any personal property or materials on the Property. The Owner hereby releases the City, its officials, emptoyees, agents or representatives, from any and all claims or lawsuits damages to the Properry or 46629.v1 - 1 - �� personai property or materials on the Property, on account of the work or fire training performed under this Agreement, except for any pollution, environmental, or contaminant liability. 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and all claims of third parties, including any and all pollution, enviranmental, or contamination claims, as might be asserted as the resuit of City � s training exercises at the address noted hereunder subject to the City's legal immunities and statutory tort Iimits. 4) 'That subject to the City's immunities and statutory tort limits the City will also be responsible for securing the Property during and upon completion of its use of the Property, but only to the extent of complying with the appropriate City ardinances and not for the purpose of enhancing the Property for any other reason or serving any other end. The City will not save and hold harmless the owner from any and all claims of third parties as might be asserted, which are not related to or are not the actual or proximate cause of the City's training exercises at the address above noted once notice has been given to the Owner of such conclusion and restoration. 5) That the City will obtain any and a11 necessary variances, permits and consents as may be required by law to conduct the training exercises and the Owner has no obligation in such matters beyond the execution of this Agreement. 6) The Owner and the City will coordinate the time frame far the training. The Owner has the right to cancel this agreement at their convenience. This Aa eement shall be in force until April 30, 2009. 7) That the signing representative of the Owner has legal and binding authority of the Owner to enter into this Agreement with the Ciry. 8) That any notices required to be given by either party to the other shall be in writing and addressed as follows: If to the Owner(s): St. Paul Port Autf►ority Attn: Kelly Warden 345 St. Peter Street #1900 Saint Paul, MN 55101 If to the Ciry: Fire Chief Tim Butler Saint Paul Fire Departrnent 100 East 11 Street Saint Paul, NIN 55101 ass2s.v� dq 3�� APPROVED AS TO FORM: Assistant Ciry Attorney Subscrib d and sworn to before me this �t �`fday of�J�i�Lh•� , 2009 Notary Public � �� '/�'" ' ��._-- �""` E CAROL A. ABBAS I \ � I . � e Nptary Public-Minnesota \�., "'� MY �m��n Ezp�rea Jen 31, 2070 CITY OF SAINT PAUL Mayor Fire Chief Director, Office of Financial Services �----- Louis Jambois resident St. Paul Port Authority 345 St. Peter Street #1900 Saint Paul, MN 55101 46629 v1 D9 :��7 Attachment #1 - Drilis pianned for Minnehaha L.anes Schedule: The Owner and the City agree to the following time frame for the training: 9:00 AM to 5:00 PM, March 23, 2009 through April 30, 2009. This Agreement shal{ be in force until Aprii 30, 20�9. Additional training may result after written approvaf of owner dependent on demolition schedule. The Owner has the right to cancel this agreement at their convenience. Scope; I. Firefighter pown-LIVE SMOKE-ALL- (45-minute duration) Location: Loft levef of Pro Shop Activity: Firefighter down—Search – MAYDAY scenario Stokes basket used for removal Ventilation Lighting District Chief or Senior Captain in charge Training staff-ignition/interior Training staff -Safety Officer/ exterior fire ground Additional equipment, resources and supplies as determined by District chief Smoke generated from Class A combustibles in barrel with lid or... Smoke machine {if possible) Mechanical Extrication- 2 Companies (45 min.) Location: Pin area of lanes Activity: Locate, extricate mannequin from entanglement and remove to exterior Patient treatment, packaging, and protection during extrication Scene assessment and lighting Air management Equipment needed as determined by size up Additional resources may be requested ili. Large Area Search- 2 Companies (45 min.) -bubble wrap in faceshields Location: Basement Activity: Locate and remove victim (Mannequin) �(30� feet inside) Air management Assigned to search one quadrant Forcing doors Victim up stairs Deploy 2'/z with bundie and Wye Teamwork Radio communicatians • il and III, Mechanical Extrication & Large Area Search wili happen simultaneously. e The crews will then be given a 20-minute break to rehydrate and fill air bottfes. . The RfT scenario wili be compfeted by afl companies as assigned by the District Chief. �Y�� d� �a� The Training Assistants on scene wili act as ignition/interior safety and fire ground safety officers. • All communications wilf be conducted on Channei A-SPFD 5. Dispatchers will be handling all radio traffic for the RIT scenario. 46629.v1