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HomeMy WebLinkAboutResolution 5769 . . . RESOLUTION NO. 5769 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving Agreement for Festival in the Park 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 June 15 and June 16,2002, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A. Adopted this 13th day of May 2002. ?~~ -- Richard Santerre, Mayor ATTEST: -< cYr1J__ ~9-(~k Kathleen F. Miller, City Administrator SEAL Motion: Stigney Second: Marty Sonterre: Aye Quick: Aye Stigney: Aye Marty: Aye Thomas: Absent S,IR,I<}<)377\-+ [\lUI2:,,11 " . FESTIVAL AGREEMENT THIS AGREEMENT is entered into this 14th day of May, 2002, by and between the City of MOlmds View, a municipal corporation tmder the laws of Minnesota (the "City") and Mounds View Festival, Inc., a Minnesota non-profit corporation (the "Corporation"), WHEREAS, the City is owner of City Hall, City Hall Park, community center and the Bridges Golf Course (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 June 15 and June 16, 2002; and WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-,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. Festival. Scope of Festival. The Corporation will sponsor and eoordinate all aspects of the 2. Time and Performance. This Agreement will begin as of May 14, 2002 and will temlinate as of July 31,2002 (the "Termination Date"). . 3. Citv Contribution. In suppOIi of the community-based Festival, the City will provide a contribution of up to $4000.00, 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. The up to $4000,00 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 forth 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 Parle The City agrees to waive the permit fee for the Parle The City will pay up to the above-rderenced amount, minus the appropriate reductions, to SJR-199377v5 iYJUJ25-11 . the Corporation after the City's payroll period following the Festival. 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 therefor. 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 is an independent contractor and neither it nor any of its volunteers, employees or agents perfomling services hereunder shall be an employee of the City. The Corporation 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 $1 00,000 bodily injury each accident, bodily iqjury by disease $500.000 policy limit, $100,000 bodily injury by disease each employee. . C. A Certiticate 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 al I 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 calTicr if it is SJR-19lJ377v5 \1\;125-11 . . . 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 temlinate this Agreement by giving \VTitten notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if the 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 thc Festival. c, Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a pmi of this Agreement shall be jointly o\Vned by the City and the Corporation and shall be made available to the City promptly at the City's request or at the telmination of this Agreement. The Corporation shall provide annual finmlcial repOlis including all revenues mld expenditurcs related to the Festival for the past three years prior to execution of this Agreement and a finmlcial report including all revenues and expenditures related to the Festival for the present year within thilty days of the date of the Festival. d, Any titlcs of the several parts of the Agreement are inserted 101' convcnience 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 ccrtified mail. postage prepaid, retum receipt requested, or delivered personally to thc lollowing addresses: City: 2401 Highway I () Mounds View. MN 55112 A TTJ\': Clerk-Administrator SJR,I<)<.l377vS I\-Ill 125-11 . . . Corporation: 8120 Red Oak Court Mounds View, MN 55112-5843 A TTN: Sherry Gunn 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 illegal ity 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. 1. 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 executcd by both partics hereto. 8. The Corporation shall protect. indemnify. defend. and hold harmless the City and its governing body members. officcrs. 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 Agrcement 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. SJR,199377v5 \'It: 125-11 . IN WITNESS THEREOF, the patiies have caused this Agreement to be executed as of the date first written above. CITY OF MOUNDS VIEW By: Its: ---:e~ Mayor By: Its: ~ '4 :--n1~11A-..) C 1 erk- Adnll111strator MOUNDS VIEW FESTIVAL, INC, . ~;,: ~Jk~ ~;,: ~~ ~ai . SJR,llJlJ377v5 MlJ 125-11 . . . EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1, Maintenance workers: 2 workers x 20 hrs @ approx. $32/hr $1,280.00 3 seasonal workers x 12 hrs @ approx. $1 O/hr $ 360,00 2, Police: 2 officers x 8 hrs @ approx. $55/hr $ 880,00 $2,520.00 SJR-199377v5 MU125-11 A-I . EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: 550 tmck 409 truck tandem trailer front end loader 104 truck Jacobsen city Honda generator 469 truck 1 ton tmck post pounder L8000 dump truck hoses extension cords water shut off keys . 2. Fire Dept: fire truck 3, The Bridges: 4 golf cart . SJR-199377v5 i\-1lJl25-11 B-1