HomeMy WebLinkAbout6.e. Ice Rental Agreement with Independent School District #196
City Council Regular Meeting: October 4, 2022
E X E C U T I V E S U M M A R Y
AGENDA ITEM: Ice Rental Agreement with Independent
School District #196
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGENDA NO. 6.e.
ATTACHMENTS: Proposed Ice Rental Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the attached Ice Rental Agreement
between the City of Rosemount and Independent School District #196 for the 2022 – 2023
indoor ice season
BACKGROUND
The Rosemount Arena is home to a number of Rosemount High School (ISD #196) girls and boys ice
skaters during the winter months. Both the girls and boys hockey teams use a large amount of indoor ice via
a rental agreement between the City and ISD 196. The total amount of the contract for 2022-2023 is
$102,828.75.
RECOMMENDATION
Staff is recommending the City Council approve the attached ice rental agreement between the City of
Rosemount and the Independent School District #196.
289749v1 CLL RS215-7
1
ICE RENTAL AGREEMENT
CONTRACT FOR: Ice Rental BETWEEN Independent School District 196 and the City of
Rosemount
Contract Period: October 31, 2022 – March 31, 2023, unless terminated earlier by law or as
provided herein.
THIS CONTRACT is made and entered into by and between Independent School District 196, a
body corporate and politic existing under the laws of the State of Minnesota (hereinafter referred to
as the “District”), and the City of Rosemount (hereinafter referred to as the “Contractor”).
WHEREAS, the District desires to purchase ice time; and
WHEREAS, the Contractor owns and operates an indoor ice arena located at 13885 South
Robert Trail
NOW, THEREFORE, in consideration of the premises and in further consideration of the
mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the
parties hereto have contracted and agreed as follows:
1. The Contractor will deliver to the District the ice rental as specifically described in
Attachment One, which is attached hereto and made a part hereof.
2. The District shall pay the Contractor for services satisfactorily performed or product
satisfactorily delivered, if any, in the amount of $102,828.75, which shall be paid in two
installments, one in December of 2022 and the second in April of 2023.
3. This Contract is the complete and exclusive statement of the terms agreed upon and shall
supersede all prior negotiations, understandings or agreements. Any alterations, variations,
modifications or waivers of the contract shall only be valid when they are agreed to in
writing and signed by authorized representatives of the District and the Contractor.
4. Minnesota law shall be used to construe and interpret this Contract, without giving effect to
the principles of conflict of laws. All proceedings related to this Contract shall be venued in
the State of Minnesota.
5. All of the data created, collected, received, stored, used, maintained, or disseminated by the
Contractor in the performance of the Contract is subject to the requirements of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Family
Educational Rights and Privacy Act (FERPA), 20 USC § 1232g and rules and regulations
promulgated under these laws.
6. The Contractor and the District shall each be responsible for the acts of their respective
officers, employees or agents, and not the act of the other party’s officers, employees or
agents. It is the intention of the parties that the Contractor is and shall be considered an
independent contractor. The Contractor and the District agree to keep in effect policies of
289749v1 CLL RS215-7
2
commercial general liability insurance to insure against liabilities up to $500,000 for each
claimant and $1,500,000 for each single occurrence.
7. Neither party shall assign this Contract or any of the rights, duties or payments arising under
this Contract to any third party without the written consent of the other.
8. All notices required under this Contract must be in writing and provided to the designated
contact person for the other party. The parties shall keep each other informed in writing of
any change in the designated contact person. At the time of the execution of this Contract,
the following persons are the designated contacts:
District Contact Contractor Contact
Mike Manning Dan Schultz
Athletic Director - RHS Parks & Recreation Director
3335 – 142nd Street East City of Rosemount
Rosemount, MN 55068 13885 South Robert Trail
(651) 423-7507 Rosemount, MN 55068
(651) 322-6000
9. If any portion of this Contract is declared by a court to be illegal or in conflict with any law,
the validity of the remaining terms and conditions shall not be affected and the rights and
obligations of the parties under this Contract shall be construed and enforced as if the
Contract did not contain the particular provision held to be invalid.
10. The District, its officers, agents, employees and invitees shall follow all non-discriminatory
rules and regulations, imposed by the Contractor for users of the facility.
289749v1 CLL RS215-7
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IN WITNESS WHEREOF, the undersigned parties hereby acknowledge that they have read
and understand the contract documents and have executed this Contract on the dates recorded
below.
INDEPENDENT SCHOOL DISTRICT 196
Date:
Authorized Signature
Print or Type Name of Signatory
Director of Finance
Organization
CONTRACTOR – CITY OF ROSEMOUNT
Date:
Authorized Signature
Print or Type Name of Signatory
Title