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HomeMy WebLinkAbout4.m. Community Center Rifle Range Policy CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 2, 1996 AGENDA ITEM: Community Center Rifle Range Agreements AGENDA SECTION: CONSENT PREPARED BY: Jim Topitzhofer, Parks and Recreation and AGENDA NO. Community Center Director. ITEM # 4 - ATTACHMENTS: Rifle Range Agreements APPROVED BY: ,. We are now about to open the rifle range at the Community Center with the formation of a partnership with the Minnesota Department of Public Safety and the Minnesota State Armory Building Commission (MSABC). The City of Rosemount will lease the range from the MSABC. The Department of Public Safety will provide funds (approximately $30,000) for the replacement of the existing backstop to comply with exhaust air quality standards. In return, the Department of Public Safety will receive rental of the range at no charge, not to exceed 15 hours per week, for a period of three years. The Department of Public Safety will also receive schedule priority over other organizations. The City will be charged $250 per month for leasing the range. The City will then charge a rental fee or participant fees for use of the range to other organizations or persons. I am anticipating a good return on this investment given the high demand for indoor ranges and the low cost to maintain our range. The Department of Public Safety will provide its own range supervisor and scheduler. I have attached three agreements. The first agreement is between the MSABC, Department of Public Safety and the City. This agreement allows the Department of Public Safety to utilize the Range for five years in return for providing funds for the backstop replacement. The second agreement is between the MSABC and the City for the rental of the range at $250 per month. The last agreement is between the Department of Public Safety and the City describing priority rental, no rental cost until June 30, 1999, and other rental details. The City Attorney has reviewed these agreements and recommends to discuss the agreement termination statements in each agreement with all parties. Therefore I am recommending approval of these agreements subject to a resolution of the agreement termination statements within each agreement. RECOMMENDED ACTION: Motion to approve the attached Range Use Agreement Between the Minnesota State Armory Building Commission, the City of Rosemount, and the Minnesota State Department of Public Safety; the Range Agreement, and the City of Rosemount Range Rental Agreement, subject to the resolution of the agreement termination statements within each agreement. COUNCIL ACTION: 06/25/96 13:25 AGOMN WEST 612 322 6080 N0.316 002 RANGE USE AGREEMENT BETWEEN THE MINNESOTA STATE ARMORY BUILDING COMMISSION, THE CITY OF ROSEMOUNT, AND THE MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY WHEREAS, the Minnesota State Armory Building Commission, hereafter the "commission" in cooperation with the Department of Military Affairs, State of Minnesota, and the City of Rosemount, hereafter the "city" have worked together to jointly construct and manage the new National Guard Training and Community Center in the City of Rosemount; and WHEREAS, the facility contains an indoor firing range which is not being used; and WHEREAS, the city staff and representatives of the Department of Public Safety, hereafter"Public Safety" have expressed an interest in utilizing this range; and WHEREAS, the Caswell LE5B accelerator backstop in the range needs to be replaced with the Caswell LES500P rubber Gran trap in order to comply with exhaust air quality standards prior to use of the range; and WHEREAS the Public Safety has expressed an interest in providing the funding for the new backstop at a cost not to exceed $30,000; and WHEREAS the city has expressed an interest in operating and managing the range; and WHEREAS the authority of the parties to enter into this agreement is provided by Minn. Stat § 471.59; NOW, THEREFORE, the parties, in consideration of the terms and conditions herein, agree as follows: 1. The city will operate and maintain the range at its own expense subject to the terms and conditions of the range agreement between the commission and the city attached as Attachment 1; 06/25/96 13:25 --AGOMN-WEST 1 612 322 6080 NO.316 003 2. Public Safety and its assigns will be granted priority use of the range for a period of five (5) years from the date of initial use under the terms and conditions of its lease with the city provided that the Public Safety provides an annual schedule of desired uses prior to June 21 of each year for the next fiscal year and at least two weeks prior notice of any additional desired use to the city and that the use does not exceed 15 days per month. Public Safety will coordinate all use under this agreement as the lead agency for. MN State Bureau of Criminal Apprehension (BCA), MN State Highway Patrol, MN State Gambling Enforcement, MN State Capitol Security, and students registered in a BCA training course. Any actual permission to use the range will be included in a separate agreement between the city and Public Safety; 3. The commission agrees to contract for and provide the payment for said backstop replacement subject to the approval of and reimbursement from Public Safety, and should the city no longer desire to operate and manage the range, will provide Public Safety and its assigns access to the range for the remainder of the five year period under conditions mutually agreed on between the commission and Public Safety. MN State Armory Bldg Commission City of Rosemount Form and Execution Department of Public Safety Attorney General IOb/2 /'Jb 1.5 24 F1CIUP7N WE5r y 612 322 6888 —NO.316 001 RANGE AGREEMENT This agreement entered into by and between the Minnesota State Armory Building Commission,hereinafter known as the"MSABC,"a public corporation and the City of Rosemount,a municipal corporation hereinafter known as the"City." 1. The MSABC shall permit the City,at a cost of S250.00 per month payable annually on or before July 15th each year for each month the range is used by the city,to occupy and operate the indoor firing range,hereinafter known as the"Range," located in the Rosemount National Guard Training and Community Center owned by the MSABC. 2. The City shall at its expense and no cost to the MSABC or the State of Minnesota,clean,maintain and operate the Range. 3. All cleaning and maintenance of the Range shall be performed in accordance with a standard operating procedure("SOP")prepared by the MSABC and as it may,in the future change,such changes shall be effective as they are communicated to the City. 4. The city shall operate the Range in accordance with a written procedure it prepares subject to the approval of the MSABC. Any reasonable changes to said procedure proposed by the MSABC shall be adopted by the City. 5. The City is responsible at its expense for all employees and user safety and health monitoring in accordance with guidance provided in the SOP,OSHA publications and any other guidance provided by regulatory agencies. 6. The City may use the Range to provide training for other agencies,charge those agencies fees it deems appropriate and retain the fees it collects,provided however,if the MSABC desires reasonable use of the Range it may use the Range,subject to the city scheduling policies,at no cost or expense. 7. The City shall defend, indemnify,and hold harmless the MSABC,its officials,employees,assigns and agents,from any and all claims,causes of action,lawsuits,damages,losses,or expenses,including attorney fees, arising out of or resulting from the City's performance of the duties required under this contact,provided that any such claim,damages,loss or expense is attributable to bodily injury,sickness,diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in while or in part by any negligent act or omission or willful misconduct of the City. All such liability and indemnity shall be limited to the coverage provided by the City's insurance carrier, if any,and if no coverage is provided,therefore,by limits imposed by Minnesota Statutes Section 466.04. 8. This agreement may be terminated without cause upon 30 days written notice by either party. MINNESOTA STATE ARMORY CITY OF ROSEMOUNT BUILDING COMMISSION Post-It'Fax Note 7671 01 41ask•-Wes' 3 FORM AND EXECUTION TO 51 M 1149.2.2A04{aP„From .-rratt8 P�i�tiCc1L, coloept PA WAG, co. Aft fr Phone M Phone r ATTORNEY GENERAL'S OFFICE Fax s -�o1a_ Otp Fe`'r a`a a-41(13 06/28/96 10:15 AGOMN WEST -, 612 322 6080 NO.340 003 RANGE USE AGREEMENT BETWEEN THE MINNESOTA STATE ARMORY BUILDING COMMISSION, THE CITY OF ROSEMOUNT, AND THE MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY WHEREAS, the Minnesota State Armory Building Commission, hereafter the "commission" in cooperation with the Department of Military Affairs, State of Minnesota, and the City of Rosemount, hereafter the "city" have worked together to jointly construct and manage the new National Guard Training and Community Center in the City of Rosemount; and WHEREAS, the facility contains an indoor firing range which is not being used; and WHEREAS, the city staff and representatives of the Department of Public Safety, hereafter"Public Safety" have expressed an interest in utilizing this range; and WHEREAS, the Caswell LE5B accelerator backstop in the range needs to be replaced with the Caswell LE6500P rubber Gran trap in order to comply with exhaust air quality standards prior to use of the range; and WHEREAS the Public Safety has expressed an interest in providing the funding for the new backstop at a cost not to exceed $30,000; and WHEREAS the city has expressed an interest in operating and managing the range; and WHEREAS the authority of the parties to enter into this agreement is provided by Minn. Stat. §471.59; NOW, THEREFORE, the parties, in consideration of the terms and conditions herein, agree as follows: 1. The city will operate and maintain the range at its own expense subject to the terms and conditions of the range agreement between the commission and the city attached as Attachment 1; 06/28/96 10:16 AGOMN WEST -► 612 322 6080 NO.340 904 2. Public Safety and its assigns will be granted priority use of the range for a period of five (5) years from the date of initial use under the terms and conditions of its lease with the city provided that the Public Safety provides an annual schedule of desired uses prior to June 21 of each year for the next fiscal year and at least two weeks prior notice of any additional desired use to the city and that the use does not exceed 15 days per month. Public Safety will coordinate all use under this agreement as the lead agency for: MN State Bureau of Criminal Apprehension (BCA), MN State Highway Patrol, MN State Gambling Enforcement, MN State Capitol Security, and students registered in a BCA training course. Any actual permission to use the range will be included in a separate agreement between the city and Public Safety; 0.The commission agrees to contract for and provide the payment for said backstop replacement subject to the approval of and reimbursement from Public Safety, and should the city no longer desire to operate and manage the range, will provide Public Safety and its assigns access to the range for the remainder of the five year period under conditions mutually agreed on between the commission and Public Safety. MN State Armory Bldg Commission City of Rosemount Form and Execution Department of Public Safety Attorney General 06/28/96 10:15 AGOMN WEST 612 322 6080 NO. 340 D02 RANGE AGREEMENT This agreement entered into by and between the Minnesota State Armory Building Commission,hereinafter known as the"MSABC,"a public corporation and the City of Rosemount,a municipal corporation hereinafter known as the"City." 1. The MSABC shall permit the City,at a cost of 5250.00 per month payable annually on or before July 15th each year for each month the range is used by the city,to occupy and operate the indoor firing range,hereinafter known as the"Range,"located in the Rosemount National Guard Training and Community Center owned by the MSABC. 2. The City shall at its expense and no cost to the MSABC or the State of Minnesota,clean, maintain and operate the Range. 3. All cleaning and maintenance of the Range shall be performed in accordance with a standard operating procedure("SOP")prepared by the MSABC and as it may,in the future change,such changes shall be effective as they are communicated to the City. 4. The city shall operate the Range in accordance with a written procedure it prepares subject to die approval of the MSABC. Any reasonable changes to said procedure proposed by the MSABC shall be adopted by the City. 5. The City is responsible at its expense for all employees and user safety and health monitoring in accordance with guidance provided in the SOP,OSHA publications and any other guidance provided by regulatory agencies. 6. The City may use the Range to provide training for other agencies,charge those agencies fees it deems appropriate and retain the fees it collects,provided however,if the MSABC desires reasonable use of the Range it may use the Range,subject to the city scheduling policies,at no cost or expense. 7. The City shall defend,indemnify,and hold harmless the MSABC,its officials,employees,assigns and agents,from any and all claims,causes of action,lawsuits,damages,losses,or expenses,including attorney fees, arising out of or resulting from the City's performance of the duties required under this contact,provided that any such claim,damages,loss or expense is attributable to bodily injury,sickness,diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the City. All such liability and indemnity shall be limited to the coverage provided by the City's insurance carrier,if any,and if no coverage is provided,therefor by limits imposed by Minnesota Statutes Section 466.04. agreement may be terminated after five years without cause upon 30 days written notice by either party, . .vided,however,that this lease is automatically terminated if the underlying lease agreement for the use of the Training and Community Center is terminated,and provided further,that this agreement may be suspended during any period of emergency requiring the use of the facility by the Armed Forces of the State of Minnesota. MINNESOTA STATE ARMORY CITY OF ROSEMOUNT BUILDING COMMISSION FORM AND EXECUTION ATTORNEY GENERAL'S OFFICE CITY OF ROSEMOUNT RANGE RENTAL AGREEMENT This agreement, made this da y o f July, 1996, by and between the City of Rosemount, hereinafter called the CITY, and the Minnesota Department of Public Safety, hereinafter called the RENTER. WITNESSETH: The CITY and the RENTER, in consideration of rents, covenants, and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The CITY grants and the RENTER accepts non-exclusive priority rental of the Range at the Rosemount National Guard Training and Community Center, in the City of Rosemount, Dakota County, Minnesota, for specific use of firearms training, practice, and other related uses. 2. As rent for the Range the period beginning August 1, 1996 and ending June 30, 1999, the RENTER agrees to provide funding for replacement of the Caswell LE5B accelerator backstop in the Range with the Caswell LE6500P rubber gran trap. After June 30, 1999, City shall charge Renter a rental fee established by the Rosemount City Council. 3. RENTER shall provide a qualified range supervisor during any and all use of the Range. 4. RENTER shall receive scheduling priority of the Range as follows: RENTER shall provide CITY anticipated schedule of the Range by August 1, 1996 for use during the time period of August 1, 1996 to June 30, 1997, not to exceed 15 days per month. Other organizations will then have an opportunity to schedule use of the Range thereafter for the same time period. RENTER may schedule additional use of the Range after August 1, 1996 but may not during times previously scheduled by other organizations or programs. Likewise, RENTER shall provide CITY anticipated yearly schedule of the Range by June 30 of each year until June 30, 1999, not to exceed 15 days per month. Other organizations will then have an opportunity to schedule use of the Range after June 30 of each year. 5. RENTER shall agree to pay CITY for damages to the premises caused by activities and or persons attending, staffed by, or otherwise affiliated with RENTER. 6. CITY and RENTER shall each be responsible for the authorized acts of their respective officers, employees, or agents and not the acts of the other party's officers, employees, or agents. 7. CITY shall furnish RENTER specified work station, phone and storage. RENTER agrees to consolidate all equipment into storage area by the end of each training session. 8. CITY shall permit RENTER use of copy machine and fax for a sum of S.08 per copy/fax. RENTER provide CITY a log sheet of copy and fax machine use each calendar month, in advance of the 5th day of the next calendar month. CITY shall invoice RENTER in advance of the 10th day of the next calendar month for said RENTER use of copy and fax machines, of which RENTER shall pay in advance of the 30th day. 9. RENTER agrees not to assign this rental agreement, or any portion thereof, to or for any other purpose, organization, or party other than RENTER, without first obtaining written consent of CITY. 10. RENTER agrees that no signs or other advertising materials shall be erected or affixed to any portion to the interior or exterior of the premises without the express prior written consent of CITY. 11. RENTER will not make any alterations, repairs, additions, or improvements in or to the premises or add, disturb or in any way change any locks, plumbing, or wiring without the express prior written consent of CITY. 12. RENTER agrees to and shall abide by, conform to, and comply with all laws of the United States and the State of Minnesota and all of the ordinances of the City of Rosemount, and the rules and regulations of the CITY, together with all rules of the Police and Fire Department from the City of Rosemount. 13. The CITY, the City of Rosemount, its officers and staff, shall not be responsible for any claim whatsoever regardless of kind, occurring during the tenancy of the RENTER. Furthermore, the RENTER shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises and the CITY shall not be responsible for the RENTER'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon RENTER for conduct of activity. 14. RENTER agrees to full responsibility for the character and acts of conduct of all persons admitted to RENTER on the premises, and to have on hand sufficient policing force to maintain order and protect persons and property. 15. CITY reserves the right to cancel this agreement at any time in the event that any emergency arises which shall make necessary the use of the Rosemount National Guard Training and Community Center by the Military Forces of the State of Minnesota, and that no claim for any damage that may result to RENTER from such cancellation shall be asserted or maintained against the CITY. CITY shall make every attempt to find suitable space in the same facility of other building if such an event occurs. In testimony whereof both parties have hereunto set their hands and seals the day and year written below. Signed in the presence of City of Rosemount Minnesota Department of Public Safety by: CITY RENTER Date: Date: CITY OF ROSEMOUNT RANGE RENTAL AGREEMENT This agreement, made this day of July, 1996, by and between the City of Rosemount, hereinafter called the CITY, and the Minnesota Department of Public Safety, hereinafter called the RENTER. WITNESSETH: The CITY and the RENTER, in consideration of rents, covenants, and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The CITY grants and the RENTER accepts non-exclusive priority rental of the Range at the Rosemount National Guard Training and Community Center, in the City of Rosemount, Dakota County, Minnesota, for specific use of firearms training, practice, and other related uses. 2. As rent for the Range the period beginning August 1, 1996 and ending June 30, 1999, the RENTER agrees to provide funding for replacement of the Caswell LE5B accelerator backstop in the Range with the Caswell LE6500P rubber gran trap. After June 30, 1999, City shall charge Renter a rental fee established by the Rosemount City Council. 3. RENTER shall provide a qualified range supervisor during any and all use of the Range. 4. RENTER shall receive scheduling priority of the Range as follows: RENTER shall provide CITY anticipated schedule of the Range by August 1, 1996 for use during the time period of August 1, 1996 to June 30, 1997, not to exceed 15 days per month. Other organizations will then have an opportunity to schedule use of the Range thereafter for the same time period. RENTER may schedule additional use of the Range after August 1, 1996 but may not during times previously scheduled by other organizations or programs. Likewise, RENTER shall I provide CITY anticipated yearly schedule of the Range by June 30 of each year until June 30, 1999, not to exceed 15 days per month. Other organizations will then have an opportunity to schedule use of the Range after June 30 of each year. 5. RENTER shall agree to pay CITY for damages to the premises caused by activities and or persons attending, staffed by, or otherwise affiliated with RENTER. 6. CITY and RENTER shall each be responsible for the authorized acts of their respective officers, employees, or agents and not the acts of the other party's officers, employees, or agents. 7. CITY shall furnish RENTER specified work station, phone and storage. RENTER agrees to consolidate all equipment into storage area by the end of each training session. 8. CITY shall permit RENTER use of copy machine and fax for a sum of$.08 per copy/fax. RENTER provide CITY a log sheet of copy and fax machine use each calendar month, in advance of the 5th day of the next calendar month. CITY shall invoice RENTER in advance of the 10th day of the next calendar month for said RENTER use of copy and fax machines, of which RENTER shall pay in advance of the 30th day. 9. RENTER agrees not to assign this rental agreement, or any portion thereof, to or for any other purpose, organization, or party other than RENTER, without first obtaining written consent of CITY. 10. RENTER agrees that no signs or other advertising materials shall be erected or affixed to any portion to the interior or exterior of the premises without the express prior written consent of CITY. 11. RENTER will not make any alterations, repairs, additions, or improvements in or to the premises or add, disturb or in any way change any locks, plumbing, or wiring without the express prior written consent of CITY. 12. RENTER agrees to and shall abide by, conform to, and comply with all laws of the United States and the State of Minnesota and all of the ordinances of the City of Rosemount, and the rules and regulations of the CITY, together with all rules of the Police and Fire Department from the City of Rosemount. 13. The CITY, the City of Rosemount, its officers and staff, shall not be responsible for any claim whatsoever regardless of kind, occurring during the tenancy of the RENTER. Furthermore, the RENTER shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises and the CITY shall not be responsible for the RENTER'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon RENTER for conduct of activity. 14. RENTER agrees to full responsibility for the character and acts of conduct of all persons admitted to RENTER on the premises, and to have on hand sufficient policing force to maintain order and protect persons and property. 15. CITY reserves the right to cancel this agreement at any time in the event that any emergency arises which shall make necessary the use of the Rosemount National Guard Training and Community Center by the Military Forces of the State of Minnesota, and that no claim for any damage that may result to RENTER from such cancellation shall be asserted or maintained against the CITY. CITY shall make every attempt to find suitable space in the same facility of other building if such an event occurs. In testimony whereof both parties have hereunto set their hands and seals the day and year written below. Signed in the presence of City of Rosemount Minnesota Department of Public Safety by: CITY RENTER Date: Date: