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HomeMy WebLinkAboutResolution 7469RESOLUTION 7469 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2009 FESTIVAL IN THE PARK EVENT WHEREAS, the City of Mounds View desires to co-sponsor an annual community event entitled "Mounds View Festival in the Park" to be held on August 22, 2009; and WHEREAS, the 2009 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council, and has been reviewed and approved for execution by the Festival in the Park of Mounds View Committee, the non-profit organization in charge of the Festival; and WHEREAS, the City is currently budgeted to contribute $4,500 to the Festival in the Park of Mounds View Committee to pay for City personnel and equipment expenses; and WHEREAS, it is the consensus of the City Council to assist in additional expenditures to the Festival in the Park of Mounds View Committee, not to exceed $4,500, to assist in the payment of Professional Bands, Port-a-Potties, Irondale Marching Band, Car and Tractor Show, and Parade and Children Entertainment. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council hereby authorize assistance in additional expenditures, to the Festival in the Park Committee not to exceed $4,500, to assist the Committee in payment of Professional Bands, Port-a-Potties, Irondale Marching Band, the Car and Tractor Show, and Parade and Children Entertainment. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and Clerk-Administrator. Adopted this 22nd day of June, 2009. J ayor ATTEST: ~~~~~, ~ J~,,,~~ James Ericson, Cle'rk~-AJdministrator (seal) FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this 22nd day of June, 2009, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the "City") and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the "Corporation"). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the "Park") located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, "Mounds View Festival in the Park" (the "Festival"), to be held on August 22, 2009; and WHEREAS, pursuant to Minnesota Statutes, Sections 47115-191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 21, 2009, and will terminate as of August 24, 2009 (the "Termination Date"). 3. City Contribution. In support of the community-based Festival, the City will provide a contribution of up to $4,500.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing city staff assistance to the Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. Then up to $4,500.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city will provide the assistance of City equipment to assist the Corporation as set fort on Exhibit B, which is incorporated herein by reference. The city will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City's payroll period following the Festival. In support of the community-based Festival, the City will provide assistance in additional expenditures, not to exceed $4,500, to assist the Committee in payment of Professional Bands, Port-a-Potties, Irondale Marching Band, the Car and Tractor Show and Parade and Children Entertainment. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers' Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors' employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer's Liability insurance coverage (Part B. of the Workers' Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Clerk-Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation's failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City's request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator Corporation: 2085 Hillview Rd Apt. 1 Mounds View, MN 55112-1314 ATTN: Theresa Cermak, President or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: Clerk-Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE Maintenance workers: 2 workers X 20 hrs @ approx. $32/hr $ 3 seasonal workers X 12 hrs @ approx. $13.hr $ 2. Police: 2 officers X 8 hrs @ approx. $55/hr $ Total: $ EXHIBIT B CITY EQUIPMENT Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator Post pounder 2 Utility trucks 2 Golf carts or equivalent Hoses Extension cords Water shut off keys Barricades 2. Fire Dept: Fire truck