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HomeMy WebLinkAbout12-087 - ADMIN Resolution - City Council - 2012/07/16• • • RESOLUTION NO. 12- 087 RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, ALLOWING MAYOR AND COUNCILMEMBER USE OF CITY FITNESS FACILITY and WHEREAS, a fitness facility has been included at the newly constructed Fire Station 1; WHEREAS, the City encourages and promotes wellness and physical fitness; and WHEREAS, the City Manager has approved a policy that allows use of the facility by benefit earning staff, paid -on-call firefighters, and police cadets; Par the Ap OW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis esota, by this Resolution and public record, approves use of the City fitness facility by ayor : d Councilmembers during their terms is approved as part of City policy (attached as ndix A Reviewed nistration: Adopted by the City Council July 16, 2012 City Man Attest: Resolution No. 12-087 -2- APPENDIX A City Fitness Facility Use Policy — Fire Station 1 Purpose: The City has provided exercise equipment for employee use in Fire Station 1. The use of this equipment is a privilege that can be revoked at any time for a violation of this policy. The facility can be closed and all rights of use revoked at any time and for any reason by the City Manager. The facility and equipment therein is being made available for use by employees while they are off-duty at their own risk to assist personal pursuits of wellness and physical fitness. Who: Open to all regular benefit earning full- and part-time employees and paid -on-call firefighters, as determined by the City Manager, and Mayor and Councilmembers in accordance with Resolution 12-087. 1. Benefit -earning staff, paid -on-call firefighters, police cadets and Mayor and Council (Resolution 12-087) will become eligible for use of the facility and equipment after a waiver of liability (attached) is signed and placed on file with Human Resources. Key fob access will be authorized for eligible individuals with signed waivers on file. 2. The facility is available for use by authonzed users 24 hours a day, 365 days per year. The City's Fire Chief or designee has authority to administer the facility, oversee its use, enforce rules, and resolve disputes over use. 3. No authorized user may allow guests into the facility. Access is strictly limited to persons whose use is authorized by Human Resources. 4. No user may monopolize a particular piece of equipment for an unreasonable length of time or reserve equipment for future use. 5. All disputes over the use of the facility or equipment must be promptly directed to the Fire Chief. 6. All users must report any observed equipment maintenance or malfunction problems promptly to the Fire Chief or designee. 7. When on the premises of the facility or while using equipment, all users must abide by the policies contained in the City's Personnel Manual. 8. The use of personal audio devices is allowed only with headphones so as not to be audible to other users. Any televisions must be kept to a reasonable volume. 9. Users must clean equipment promptly after use with cleaner provided. 10. Users must at all times, while in the workout area of the facility, wear proper attire, including athletic shoes and shirt. No clothing with offensive language or pictures will be allowed in the workout facility. 11. Additional exercise equipment is located at Fire Station 2. The Fire Chief has full and complete authority in determining rules and conditions of use for that facility for members of the Fire Department. Policy Approved By: Thomas K. Harmening, City Manager Date Resolution No. 12-087 -3- CITY OF ST. LOUIS PARK WORKOUT FACILITY WAIVER OF LIABILITY I hereby seek authorization from the City of St. Louis Park to use the Workout Facility located in St. Louis Park Fire Station 1. As a condition of my use of this facility and all of the equipment located therein, I hereby enter into the following Agreement with the City of St. Louis Park. 1. I agree for myself, my heirs, executors, administrators, personal representatives and assigns that in consideration of being allowed use of the Workout Facility to hereby release, hold harmless and discharge the City of St. Louis Park, its officers, officials, agents and employees (hereinafter collectively referred to as the "City of St. Louis Park") of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, with respect to any and all injury, disability, death or loss or damage to person or property sustained by me in connection with or arising out of my use of the Workout Facility or the equipment, machines, devices located therein due to the City of St. Louis Park's actual or implied negligence; except that which is the result of gross negligence or wanton misconduct. 2. I agree that my use of the Workout Facility is completely voluntary for my own personal benefit and that the City of St. Louis Park has not ordered or required my use of this facility and that my use or failure to use this facility will have no impact on my relationship or employment with the City of St. Louis Park. 3. I agree and understand that the City of St. Louis Park will not provide any supervision over the equipment located within the Workout Facility or the activities conducted therein. 4. I agree that at all times while using the Workout Facility or adjoining showers and locker rooms that I will be considered for all intents and purposes to be on my own personal time and accordingly, in the case of injury, that I shall have no compensable Worker's Compensation claim. 5. I agree and understand that the City of St. Louis Park makes no implied or express representations or warranties as to the condition of the equipment, machines, devices located within the Workout Facility or the fitness of equipment, machines, devices for use as exercise equipment and that I knowingly and voluntarily assume all risks of personal injury or death or property damage or loss in connection with or arising out of my use of this facility and the equipment located therein. 6. I hereby represent to the City of St. Louis Park that I have received orientation or instructions on the proper use of the equipment, machines, and devices in a manner that does not present a danger to myself or other persons. 7 I hereby represent that I have read the City's Exercise Equipment Use Policy and agree to abide by all rules, regulations and orders applicable to my use of the facility and the equipment, machines and devices located therein. I agree and understand that a violation of these rules, regulations or orders may result in the revocation of my privilege to use this facility. Resolution No. 12-087 -4- 8. I agree to report all equipment that I believe is malfunctioning or in need of repair to the Fire Chief or designee. 9. I hereby represent that I am in good physical condition and that my use of the Workout Facility and the equipment located therein will not pose a danger to my health or safety. I acknowledge that the City of St. Louis Park recommends and encourages all persons embarking upon fitness or exercise program to first consult with their physician and abide by any limitations set by their physician. 10. I agree and understand that the City of St. Louis Park Fire Chief has the authority to close this Facility and revoke all use privileges at any time and for any reason. 11. I agree that except in the event of the City of St. Louis Park' gross negligence or wanton misconduct, that I shall not bring any claims, demands, legal actions or causes of action against the City of St. Louis Park or any person who provided equipment located within the Workout Facility for any economic or non -economic losses due to bodily injury, death, property damage sustained by me in relation to the Workout Facility, the equipment located therein, or the adjacent showers and locker rooms, it being my express intent and purposed to bind myself, my heirs, executors, administrator and assigns hereby. 12. The City of St. Louis Park is not waiving any immunities to which it may be entitled under state law. I have read this release of liability, waiver and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. Signed: Print Name: Dated: **FORWARD THIS FORM TO HUMAN RESOURCES WHEN SIGNED** 1. Human Resources will notify Fire Dept of your eligibility 2. Fire Dept will contact you to arrange training and issue your key fob. • • •