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90-1788 � � � � � ��� L Council File � d - �i Green Sheet # RESOLUTION . CITY OF SAINT PAUL MINNESOTA � Presented By � Referred To Committee: Date Whereas, The C ty of Saint Paul is holding an event called Kidsday 1990 o October 6 and October 7. Whereas, Brook ield Development Inc. is holding certain Kidsday events in thei property on Sunday, October 7, 1990. Whereas, Brook ield Development Inc. needs to be indemnified by the City of Sa nt Paul for these events that are being held on their property Therefore, be t resolved that the council of the City of Saint Paul hereby au horizes the proper city officials to execute an agreement with Brookfield Development Inc. to provide space for Kidsday activi es. Y s Navs Abaent Requested by Department of: zmon — �� 03W 2 1 n acca ee _ e man � un e � i son " By' v Adopted by Council: ate �CT 4 �ggp Form A roved by City Attorney c Adoption ertified by Council Secretary gy: ` l 0 '3 - Qd B = �� A roved b Ma or for submi sion to y PP Y Y Council Approved by ayor: ate � .�_� ��_ ` By: //�?-� � ��' By: � t�16lISH�ED U� ( � � i99� G��o-���' DEPARTMENT/OFFICFJCOUNqL DATE INITIATED PED/Special Events lara2--sQ . GREEN SHE T No. 3 4 6 6 �N INITIAUDATE CONTACT PEe1SON 3 PFIONE AR7AAENT DIRECTOR [i �f�TY COUNpL Heidi Buss x322 N�� rronNer �cm a.eRK MUBT BE ON OOUNqI AQENDA BY(DAT� ROU7ING BUDOET DIRECTOR �FIN.8 MK�T.SERVICES DIR. IO—O�F-4Q �MAYOR(OR A881ST � TOTAL#►OF 81GNATURE PAGES 1 (CUP ALL LOCATION8 FOR SIONATUR� ACTION REQUEB'TED: S�gn�tux�- c?n ge�l-ut� RE(�MMENDIITIONB:Apprors(N c►Ryect(R) COUNdL MITTEE/RESEARCH REPORT OPT AL _PLANNINO COMMI3SION _GVIL RVICE COAAMISSION �µY� PHOME NO. _p8 OOMMIITEE _ COMMENTB: _STAFF — _OISTAICT COURT _ 8UPPORTS WHICH COUNdL OBJECTIVE? INfTUTINQ PF�BLEM,ISSUE,OPPORTUNITY NRist,Wh�,Whero,Wh�: City needs to have an gxeevqent �tTi� $�cQqk��ea.d develo�'ment �or �ace during Kidsday 1990 - Octoher 7, 199Q i ADVANTAOE8 IF APPROVED: Use o� Flexld T��de. C�n e.�, �5tri �100� a,nd C�`ty� Cente� �� event s tes for Kidsday, 1990 DISADVANTA(iE3 IF APPROVED: Nqne. DISADVANTAOES IF NOT APPROVED: TOTAL AMOUNT OF TRAN8ACTION = COST/REVENUE BUDOETBD(CI E ONE) YES NO FUNDIN�SOURCE ACTIVITY NUMSER RNANGAL INFORMATION:(EXPLAII� NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are preferred routings for the five most frequent types of dxuments: CONTRACTS (assumea suthorized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Accept.Grants) 1. Outside Agency 1. Department Director 2. Initiating Department 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor 4. MayoNAssistant 5. Finarx:e&Mgmt Svcs. Director 5. City CouncN 6. Finance Accounting 6. Chief Accountant, Fln 8�Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Manager 1. Initiating Department Director 2. Department Accountant 2• Gty Attomey 3. Department Director 3. Mayor/AsaistaM 4. Budget Director 4. City Council 5. Ciry Clerk 6. Chief Accountant, Fin&Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating DepartmeM 2. City Attorney 3. MayodAssistant 4. City Clerk TOTAL NUMBER bF SIGNATURE PAGES Indicate the#of peges on which signatures are required and paPerc�tP each of these pages. ACTION REQUE3TED Describe what the projecUrequest seeks to aa;ompUsh in either chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write�mplete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICkI COUNCIL OBJECTIVE? Ind�ate which Councll objecpve(s)your proJecUrequest supports by Iistlng the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are speciflc wa�ns in which the City of Saint Paul and its citizens wlll benefit from this pro�ecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this proJect/request produce if it is passed(e.g.,traffic delays, noise, tax increases or essessments)?To Whom�When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative conaequenc�s if the promised action is not approved?Inability to deliver�rvice?Continued high traffic, noise, acxident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost7 Who fs going to pa�/t . � � . ��o-i7��' PERFORMANCE AGREII�III�IT -Special Event- This Agreeme t is made this 8th day of August, 1990, by and between BCED MINNESOTA I . , a Minnesota corporation ("Company") , and the City of Saint Paul ("Perfo er") . RECITAIS: Whe eas, the performer desires to perform without compensation at a property own d or managed by the Company, as part of a community or other special even , and the Company desires to have the Performer perform at a property own d or managed by it. AGREEMENT: The efore, in consideration of the Recital, One Dollar ($1.00) , the mutual coven nts and promises set forth herein, and other good and valuable consideratio , the receipt of which is hereby acknowledged, the parties agree as follows: 1. Agreement to Perform. The Company agrees to provide Performer with a place to perform, and Performer agrees to perform, according to the following terms: a. General Nature of Performance: A city-wide special event called Kid's Day, sponsored by the City of St. Paul. Activities include view of the city from the World Trade Center 35th floor; displays, demonstrations and entertainment by St. Paul's six sister cities in the World Trade Center lobby; and teen-oriented events in Saint Paul Center. All events are free and open to the public. b. Place(s) of Performance: World Trade Center lobby, 35th floor World Trade Center and in yet to be determined locations in Saint Paul Center. c. Date(s) and Time(s) of Performance: Sunday, October 7, 1990 from 1 p.m. - S p.m. d. Length of Each Performance: N/A 2. Supervision. Performer will provide supervision adequate to meet the Company. Performer will designate a person or persons responsible for supervising the activity, give the name or names thereof to the Company's designee, or in his or her absence, the head security person on duty in the place of performance, and said named contact for Performer shall be on site and available at all times. .� : �,,�y�--'��-� PERFORMANCE AGRERMF.NT -Special Event- In the event, for any reason, the Company's designee or security officer deems supervision inadequate, the named representative of the Performer shall be contacted and the situation remedied immediately. If the situation is not remedied, the Company's designee or security officer shall have the right to ask the Performer to vacate the place of performance imrnediately and there shall be no claim against Company, its tenants, or any of their respective officers, employees or agents. 3. rofessional Performance. Performer agrees that his/her/its performance under this Agreement shall be of professional quality and consistent with performance standards for performers of professional stature and reputation. Performer agrees that if he/she/it fails to so perform under this Agreement, the Company shall be entitled to a complete refund of any deposit or pre-payment hereunder, and shall be entitled to any damages suffered by Company as a result of such failure. 4. ndemnity� Hold Harmless and Release. Performer to the extent authorized by Minnesota Statutes Section 466 and the limitations thereof agree to and indemnify and hold the Company and their respective employees, agents, invitees, licensees, assignees and tenants harmless from and against any and all claims, demands, causes of action, judgements and expenses (including reasonable attorney's fees) and all loss or damage incurred by the Company arising out of the Performer's performance hereunder or the Performer's presence on the property at which the performance hereund¢r is given. This release shall not apply to any claim for compensation under this Agreement. 5. nsurance. During the term, Company shall maintain at its own expense liability insurance, fire insurance with extended coverage, boiler and pressure vessel insurance, and o�her i.nsurance on the building and all property and interest of ompany in the building with coverage and in amour.�s not less than those which are from time to time acceptable to a rudent owner in the area in which the building is located. olicies for such insurance shall waive, to the extent vailable from company's carriers, and right of subrogation gainst Performer and all individuals and entities for whom erformer is responsible in law. : �. ��a-��� PERFORMANCE AGREEMENT -Special Event- 6. ules and Regulations. Performer shall comply with all rules and regulations and the requests of the Company. 7. overning Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. The parties, intending to be legally bound, have e c ed this Agreement as of the date and year f' s e wri e . BCED Min o sy: It : General Manager CITY OF ST. PAU , Qe rtm nt of Pla 'ng and Ec omi �eve�fopment By: � Its: D rector F Ai��° '�/ [); Date: � � I warrant and represent that I am ��'�' ��f� �i``'�`���' authorized to execute this Agreement on behalf of � (Performer) and fully understand and accept the c ar e r an, irec or terms thereof. Gepa►�'nent of Fi n nce and �`��' Management Servi es a'�'