Agenda Packets - 2001/07/23 - Laserfiche WebLink

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Mounds View City Council June 25, 2001 Regular Meeting Page 12 City Attorney Riggs responded that we are in a situation of two evils: unauthorized pay which puts the City in the position to be sued versus an unfair labor practice. This situation is putting the City in jeopardy and needs to be rectified as soon as possible. Ayes – 4 Nays – 1 (Marty) Motion carried. G. Consideration of Agreement Between the City and Festival in the Park City Administrator Miller apologized for the delay in getting this information to the Council. She explained there have been small changes to the report which City Attorney Riggs will present. City Attorney Riggs stated there hasn’t been authorization to provide compensation to the nonprofit group entitled Mounds View Festival in the Park. Exhibits A and B in the agreement need to be completed in order to identify what the duties are for the City and the corporation. If this isn’t identified, there is a problem with insurance. He explained that when the Council authorizes the final understanding for this festival with the corporation, the insurance for both parties can be pieced together so everyone is completely covered. Council Member Thomas inquired whether the Council can approve this item with the contingency that Staff can fill in the details. City Attorney Riggs responded it can be approved contingent that there will be minor changes. He pointed to paragraphs 3 and 5 stating they need to be discussed. The President of the Festival stated she had received this agreement that day and the rest of the committee has not been able to discuss it. Mayor Sonterre asked if she, as the President of the Committee, could work through the agreement the next day, meet with City Attorney Riggs and address the specific issues at the Festival meeting the next night. Then on Wednesday, they would be in a position to have the two of them finalize the issues. The President of the Festival agreed to this arrangement. City Attorney Riggs asked how close the written agreement is to what they’ ve had in the past. The President of the Festival agreed with the contract and said that paragraph 3 is a little different than it’s been in the past. Previously, the monetary amount was a donation from the City to the Festival, Inc. It was designated as reimbursement for the public employees who set up the tents, etc. The Festival has paid that out of pocket in the past, and when the issue of workman’s comp came up she suggested that instead of the City giving the money to the Festival as a gift, the City supply the personnel to take care of these things. City Attorney Riggs stated that this arrangement from an insurance standpoint, would be preferable. He requested a copy of their insurance.