10-55m
Council File #�
Green Sheet # � 94756
CITY OF
Presented by
Bostrom
Carter
Aa�is
�
I RESOLVED, that the proper City officials are hereby authorized and directed to execute an agreement with Saint Paul College
2 for the use ofthe auditorium for the firefighter �aduation; which includes an indemnification clause, as provided by the Saint
3 Pau] Fire Depar[ment; a copy of said agreement is to be kept on file and of record in the Office of Financial Services.
Stark
Thune
Approved
Adopted by Council: Date
RESOLUTION
PAUL, M4NNESOTA
Absent Requested by Department of.
� Fire . _ _ c�
Adoption Certified by Co cil Secretary
By: '
Approv d b y: Date � L7 �D /v
By:
By:
�
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
' DepartmenUOfficelCOUncii: Date lnitiated.
, FR -F oB�AN�o,o Green Sheet NO
ra��
3094756
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Contact Person & Phone: ; Department Sent To Person Initiai/Date
Chief Tlm Butler � o F;re
222-0477 I Fire Aepartment Director
A ��g ^ 2 City Attomev CiN Attorney ' v�
Must Be on Council Agenda by (Date): � Number � ,
' For 3 Mayor's Office ' MayodAsistant
i Routfng i 4 Counc '
poc. Type: RESOLUTION � Order 5 C� Clerk _ GStv Clerk '
E-Document Required: Y
Document Contad: ��II LaCasse
Contact Phone: 228-6257
Total # of Signature Pages _(Clip Ali Locations for Signature)
Approval of the attached Council Resolution authorizing the Saint Paul Fire Department to enter into an agreement with the Saint
Paul College for use of the auditorium for the graduation ceremony.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Qvil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this personifirm ever been a aty employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
� The Saint Paul Fire Department will be holding a graduation ceremony for the 2010 Firefighter Recrui[ Academy on Febmary 5, 2010
� in the auditorium a[ the Saint Paul College.
Advantages If Approved:
The new firefighters will have a formal swom in ceremony.
Disadvantages if Approved:
None.
� Disativanta9es If Not Approvetl:
i The Saint Paul Fire Depardnent wiH not be able to hold the graduatlon caremony for new firefighters.
Total Amount of $475.00
Trensaction:
Fundiny source: 001 - General Fund
Financ1a11nformaGon:
(6cplain)
CosURevenue Budgeted:
Activity Number: 05100
January 8, 2010 11:13 AM Page 1
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ThursedaF.Y. CostCenfer Obj. Code
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FORiVI FOR TERM OF ONE DAY
STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSTTIES
SAINT PAI3L COLLEGE
OCCUPANCY AGREEMENT
��
THIS AGREEMENT is between the Boazd of Trustees of the Minnesota State Coileges and
Universities, on behalf of Saint Paui Coilege_
(°Licensor"), and City of St. Paul
("Licensee"), and is govemed by Minnesota law.
PERMITTED USE. Licensor agrees to aliow Licensee use of the foilowing:
Location: Auditorium and Cafeteria at Saint Paul College, 235 Mazshall Ave, St. Paul, NLN 55102
Date and Time: Auditorium — Thursday, February 4"�' from 1— 3:00 p.m., and Friday, February 5�'
2010 from 12:30 — 3:30 p.m. Cafeteria — Friday, Februazy 5' from 3— 4:30 p.m.
Description of Activity or Event: St. Paul Firefighters Graduation
MnSCU010
09/27/00: revised 03/27/03
Licensee expressly understands and agrees that this agreement is not intended to and does not create
a tandlord-tenant relationship between the parties. Licensee is granted only a permit to occupy and
use the Space for the purpose and during the period identified above. It is specifically understood
that the pemussion to use the Space and the period of use aze not exclusive to Licensee, and
Licensor shall have the righf to enter and use the Space at a11 reasonable times for purposes of
inspecting the same or for such other purposes as may be required by Licensor.
Z. FEE. For ifs use of the Space, Licensee agrees to pay to Licensor a fee of
$475.00 which amount shall be payable to Saint Paul
The check(s) in payment of this fee sha11 be payable Within 30 days of invoice
date
This fee shall not include expenses, if any, incurred by Licensee pursuant to Pazagraph 4,
below.
3. CONTRACT ADMTNISTRATION.
Licensee's authorized agent: Nancy P. Mondry
Address: 100 East ll Street, St. Paul, MN 55101
Phone:651-228-6206 Fax:651-228-6255
Licensor's authorized agent: Paul T. Hugo
Address: 235 Mazshall Ave., St. Paul, MN 55102
Phone:651-846-1309 Fax: 651-846-1703
4. MAINTENANCE OF SPACE. Licensee agrees to maintain-the Space in a reasonably clean
and sanitary condition. After Licensee has completed its use and occupancy of the Space,
Licensor will inspect the Space for damaged, missing or destroyed items, including fixtures,
equipment and machinery. With respect to such damaged, missing or destroyed iYems,
Licensor shall have the right, in its sole discretion, to either (a) repair, restore, or replace such
items at its own cost, and submit an invoice for the same to Licensee, which Licensee agrees
to pay within thirty (30) days thereafter, or (b) to require Licensee to repair, restore, or
replace all damaged, missing or destroyed items to the satisfaction of Licensor all at
Licensee's cost.
�. RiJLES AND REGULATIONS. Licensee ab ees to honor and abic3e by all rules and
regutations set forth by Licensor during its occupancy of the Space, including complying
with designated smoking azeas.
6. LICENSEE'S INSURANCE. Prior to Licensee's occupancy of the Space, Licensee shall
provide Licensor with a certificate of general liability and property damage insurance naming
Licensor as an additionai insured and reflecting coverage to $300 for death by wrongful
act or omission, and Yo $300,000 for any claimant in any other case, but not ta exceed
MnSCTJ010
:0/Q6/06; revised 03/27/03
Ja-��
$1,000 for any number of ctaims arising out of a sineie occurrence. Licensee shall
maintain this coverage at its sole expense dising its use of the Space.
7. HOLD HARMLESS AND INDEMNITY. Licensee sha11 indemnify and hoid Licensor
harmless for any suits, actions or claims, whether formal or informal, direct or indicect, for
injury death, property damage or loss, including loss as a result of theft or misappropriation,
made by or on behalf of any person or persons, firm or corporation arising out of or relating
to the conduct, management or use of the Space by Licensee or arising out of anv wark or
thing done in or about the Space or structures ar equipment in the Space when such has been
authorized by Licensee, except as such injury, death or property damage or loss is
attributable solely to Licensor's negligence as determined by a court of law. Licensee hereby
assumes all responsibility for security throughout its occupancy and use of the Space.
8. MINNESOTA DATA PRACTICES ACT. Licensee agrees to comply with the terms of the
Minnesota Data Practices Ac2, Minnesota Statutes, Chapter 13, in handling all data related to
this Agreement.
9. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. Licensee agrees
that in occupying the Space, it is responsibie for compiying with the Americans with
Disabilities Act, 42 U. S. C. section 12101, et seq. and any regulations promulcated pursuant
to the Act. Licensor IS NOT respansible for issuea or chalienges related to compliance with
the ADA beyond its own routine use of facilities, services, or other azeas covered by the
ADA.
10. AT7DIT. Tt�e books, records, documents, and accounting practices and procedures of
Licensee relevant to this agreement shall be subject to examination by Licensor, f1�e
Minnesota Department of Administxation, and either the Minnesota Legislative Auditox or
State Auditor.
11. NO ASSIGNMENT: AMENDMENTS. Licensee shall neither assign nor transfer any rights
or obIigations under this agreement without the prior written consent of Licensox. AII
amendments to this agreement shall be in writing and executed by a duly authorized
representative of each party.
12. CANC'ELLATION. This agreement may be canceled by either party at any time, far any
reason, upon 7 days written notice to the other party.
13. OTHER PROVISIONS .( Attach additional pages as necessary).
See Attached
MnSCU010
09f37/00; revised 03/27/03
APPROVED:
1. LICENSOR MIlVNESOTA STATE COLLEGES ANI3 iINIVERSITIES
:
signature)
� J � ' �w
Title— (��{ �
° � —' �-ZI` � O n .cr
Date �,� �� � � �
2. LICENSEE:
3. AS TO FORM AND EXECUTION:
$y (authorized college/university signature)
Title
Date
Mayor
MnSCU010
09/27l00; revised 03/27/03