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99-1168�R��iAL Presented By Referred to Committee: Date 1 2 3 4 5 6 7 S 9 WIiEREAS, the Sparky The Seal Show has long been a tradition at the City of Saint Paul's Como Zoo, bringing laughter and entertainment to all who attend the show; and WHEREAS, Norm Byng has provided this show for many years; and NOW THEREFORE BE IT RESOLVED THAT The Saint Paul City Council hereby approves the attached three-year Agreement between the City and Norman Byng to continue these shows as ouClined therein for the �.9.�9, �4P and SGCi summer park seasons. a,o�, a�►, aoo�, Yea/ Nays Absent Benannav ✓ Blakey_ �- Bostrom � coi �man_ � Harris _� Lantry _ �/ Reiter � � � � Adopted by Council: Date � �.��9 Adoption Certified by Council Secretary By � By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # \q � ��' Green Sheet # �000 `cn � Requested y Division of Recreati � .�- � lf and Form Approved by Cit� Attorney By: -�/� � Approved }�y Mayor for Submission to r GREEN SHEET � S ' NO. 100060 � DEPARTMENT/OFFICE/COUNCIL DATE INITIATED Parks and Recreation ��2Z�99 CONTACTPEfl50NANDPHONE INITIAVDATE INITIAVDATE Howard Bell 266-6415 I � � DEPARTMENT DIRECTOR 4 CITY COUNCIL ASSIGN NUMBER FOR 2 CRY ATTORNEY r J CITY CLEiiK MIIST BE ON COUNCIL AGENDA 8Y IDA"fE) POUi1NG OROER BUDGET OIRECTOR FIN. & MGT. SERVICES DIR. 3 MAYOF (OR ASSIS 6 Parks & Recreation - 300 CHA TOTAL 8 OF SIGNAiURE PAGES � �CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Signatures of Superintendent of Parks and Recreation, City Attorney and Mayor, and passage of the attached Council Resolution by the SaiM Paul City Council. RECOMMENDATIONS: Appmve �A) or Reject (R� PEfiSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has this person/fiim ever worketl untle� a conhact for [his departmen[? CIBCOMMITTEE _ VES NO A STAFF 2. Has this person/firtn ever been a ciTy employeet DISTRICT COUNCIL �ES NO — — 3. Does this personlfirm pass¢ss a skill no[ normally possessed by any current city employee?' SUPPORTS WHICH COUNQL OBJECTIVEI VES NO EnO�ain all yes answars on separete shee[ antl attach to green sheH. INITIATING PflOBLEM, ISSUE, OPPORTUNITV �Who, Wha[, When, Where, Why): The Division of Parks and Recreation wishes to re-enter into a 3-year agreement with Norman Byng, to provide trained seal shows at St. Paul's Como Park Zoo. ADVANTAGESIF APPROVED: Continuation of long-standing tradition of "Sparky" shows available to the public at Como Park . DISADVANTAGES IF APPROVED. . y , N/A - t, �;�� m �'°;`-��,<-.� ��' -: � G��&s?�=a ��s�a�ck ��:es �OV 2 � 1999 ��'� � � �"��'�� __��'�� : � �� ,��. � DISADYANTAGES IF NOT APPROVED: Loss of above opportunities. TOTAL AMOUNT OF TftAN5ACT10N $ 44,775.00 COST/REVENUE BU�GEfED (CIRCLE ONEI � E NO FUNDINGSOURCE Special Services Fund A�TryRyNUMeER 325-23123 FINANCIAI.INFORMATION: �EXPLAIN) City will pay Byng the above amount over three years, in fiour equal installments each year. AGREEMENT AN AGREEMENT, made and entered into this 15'" day of November, 1999, by and �t9 -t 1t�Y between the CITY OF SAINT PAUL, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and NORMAN BYNG, an individual hereinafter referred to as "Entertainer." In consideration of the mutual and reciprocal agreements and promises hereinafter set forth, and for other good and valuable consideration, the parties mutually agree as follows: That Entertainer shali furnish and stage a trained seal entertainment act featuring a seal known as "Sparky" to be presented at the Como Zoo during the times stated herein. 2. That this agreement shall commence on the date stated above and end three (3) years from that date. Entertainer to provide his services for the period from May 15 through the third week-end in September of each year, first beginning May 15, 2000 and as further specified herein. 3. That Entertainer shall furnish and stage two (2) shows per day, except Mondays, from May 15 through the Friday preceding Memorial Day; three (3) shows per day on Tuesday, Wednesday, Thursday, and Friday from Memoriai Day through Labor Day; four (4) shows per day on Saturdays, Sundays, and legal holidays commencing Memorial Day through Labor Day; two (2) shows per day for the Saturdays and Sundays for the week-ends in September after Labor Day; all said shows to be performed each year of this agreement. 4. That the Entertainer will furnish up to one (1) additional show per year that may be scheduled by the City for promotional purposes. The City must notify the Entertainer of these special shows at least ten (10) days prior to the day on which they are scheduled. 5. That in consideration of the Entertainer's services, the City agrees to pay the Entertainer at the following schedule: 2000 Fourteen Thousand Five Hundred Fifty Dollars ($14,550) 2001 Fourteen Thousand Nine Hundred Twenty-Five Dollars ($14,925) 2002 Fifteen Thousand Three Hundred Dollars ($15,300) Payments will be made in four (4) equal installments on July 1st, August 1st, September 1st, and September 15th of each year. Payment for any missed performances will be subtracted from the appropriate instaliment on a pro-rated basis. 6. That in addition to furnishing and staging the "Sparky" trained seal act, the Entertainer shall also furnish additional seals, the number to be agreed upon by the City and Entertainer at no expense to the City which shall be housed in the Marine Mammal exhibit or the Seal Island in Como Park all year. Cost of feeding such seals shall be borne by the Entertainer until this agreement expires. ° lq—�1toY' That the Entertainer shall have the right to the concession of selling fish to the public at Como Park for the purpose of feeding the seals referenced in the above paragraph. The City shall provide an area for the use of the Entertainer for fish storage purposes in the concession operation and shail provide such an area with running water, electricity and sanitary sewer. 8. It is understood that the Entertainer is, at all times and for ali purposes within the scope of this Agreement, acting as an independent contractor and not as an employee of the City. Nothing contained herein shall be construed so as to find Entertainer an employee, nor shall he be entitled to any of the rights, privileges, or benefits of City employees. 9. That Entertainer shall indemnify and hold harmless the City of Saint Paul from any and all claims of whatever kind and nature arising out of Entertainer's performance of services herein stated or in the operation of the concession right granted. In order to give this indemnification full force and effect, Entertainer agrees to provide, at his own expense, during the term of this agreement, public liability insurance in an amount of not less than $300,000 Dollars where the claim is for injury by wrongfui act or omission, and $1,000,000 Dollars for any number of claims arising out of a single occurrence. Such insurance shall name the City as additional insured thereon and shall be approved by the City's Office of Risk Management. 10. That the Entertainer acknowledges the City's and general public's expectation of his continuing perFormance, and will train, at his own expense and have available at all times, an understudy, to perform the Entertainers services in the event the Entertainer is unabie to do so for any reason. Entertainer shall advise the City's Manager of Special Services of the name of the understudy, and shall be responsible for insuring that the understudy is availabie for any performance at which he is unable to perform. Current understudy is Tanya Yvette, Entertainer's daughter. 11. That the City or the Entertainer may terminate this agreement by giving the other party written notice between January 1 and January 15 of the appropriate calendar year. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Approved As To Form: Assistant City Attorney NORMAN BYNG For City Of Saint Paul: Director of Parks and Recreation Mayor Director of Financial Services G 15P\WP�Agreemnts\Byn9 Sparky.wpd �R��iAL Presented By Referred to Committee: Date 1 2 3 4 5 6 7 S 9 WIiEREAS, the Sparky The Seal Show has long been a tradition at the City of Saint Paul's Como Zoo, bringing laughter and entertainment to all who attend the show; and WHEREAS, Norm Byng has provided this show for many years; and NOW THEREFORE BE IT RESOLVED THAT The Saint Paul City Council hereby approves the attached three-year Agreement between the City and Norman Byng to continue these shows as ouClined therein for the �.9.�9, �4P and SGCi summer park seasons. a,o�, a�►, aoo�, Yea/ Nays Absent Benannav ✓ Blakey_ �- Bostrom � coi �man_ � Harris _� Lantry _ �/ Reiter � � � � Adopted by Council: Date � �.��9 Adoption Certified by Council Secretary By � By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # \q � ��' Green Sheet # �000 `cn � Requested y Division of Recreati � .�- � lf and Form Approved by Cit� Attorney By: -�/� � Approved }�y Mayor for Submission to r GREEN SHEET � S ' NO. 100060 � DEPARTMENT/OFFICE/COUNCIL DATE INITIATED Parks and Recreation ��2Z�99 CONTACTPEfl50NANDPHONE INITIAVDATE INITIAVDATE Howard Bell 266-6415 I � � DEPARTMENT DIRECTOR 4 CITY COUNCIL ASSIGN NUMBER FOR 2 CRY ATTORNEY r J CITY CLEiiK MIIST BE ON COUNCIL AGENDA 8Y IDA"fE) POUi1NG OROER BUDGET OIRECTOR FIN. & MGT. SERVICES DIR. 3 MAYOF (OR ASSIS 6 Parks & Recreation - 300 CHA TOTAL 8 OF SIGNAiURE PAGES � �CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Signatures of Superintendent of Parks and Recreation, City Attorney and Mayor, and passage of the attached Council Resolution by the SaiM Paul City Council. RECOMMENDATIONS: Appmve �A) or Reject (R� PEfiSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has this person/fiim ever worketl untle� a conhact for [his departmen[? CIBCOMMITTEE _ VES NO A STAFF 2. Has this person/firtn ever been a ciTy employeet DISTRICT COUNCIL �ES NO — — 3. Does this personlfirm pass¢ss a skill no[ normally possessed by any current city employee?' SUPPORTS WHICH COUNQL OBJECTIVEI VES NO EnO�ain all yes answars on separete shee[ antl attach to green sheH. INITIATING PflOBLEM, ISSUE, OPPORTUNITV �Who, Wha[, When, Where, Why): The Division of Parks and Recreation wishes to re-enter into a 3-year agreement with Norman Byng, to provide trained seal shows at St. Paul's Como Park Zoo. ADVANTAGESIF APPROVED: Continuation of long-standing tradition of "Sparky" shows available to the public at Como Park . DISADVANTAGES IF APPROVED. . y , N/A - t, �;�� m �'°;`-��,<-.� ��' -: � G��&s?�=a ��s�a�ck ��:es �OV 2 � 1999 ��'� � � �"��'�� __��'�� : � �� ,��. � DISADYANTAGES IF NOT APPROVED: Loss of above opportunities. TOTAL AMOUNT OF TftAN5ACT10N $ 44,775.00 COST/REVENUE BU�GEfED (CIRCLE ONEI � E NO FUNDINGSOURCE Special Services Fund A�TryRyNUMeER 325-23123 FINANCIAI.INFORMATION: �EXPLAIN) City will pay Byng the above amount over three years, in fiour equal installments each year. AGREEMENT AN AGREEMENT, made and entered into this 15'" day of November, 1999, by and �t9 -t 1t�Y between the CITY OF SAINT PAUL, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and NORMAN BYNG, an individual hereinafter referred to as "Entertainer." In consideration of the mutual and reciprocal agreements and promises hereinafter set forth, and for other good and valuable consideration, the parties mutually agree as follows: That Entertainer shali furnish and stage a trained seal entertainment act featuring a seal known as "Sparky" to be presented at the Como Zoo during the times stated herein. 2. That this agreement shall commence on the date stated above and end three (3) years from that date. Entertainer to provide his services for the period from May 15 through the third week-end in September of each year, first beginning May 15, 2000 and as further specified herein. 3. That Entertainer shall furnish and stage two (2) shows per day, except Mondays, from May 15 through the Friday preceding Memorial Day; three (3) shows per day on Tuesday, Wednesday, Thursday, and Friday from Memoriai Day through Labor Day; four (4) shows per day on Saturdays, Sundays, and legal holidays commencing Memorial Day through Labor Day; two (2) shows per day for the Saturdays and Sundays for the week-ends in September after Labor Day; all said shows to be performed each year of this agreement. 4. That the Entertainer will furnish up to one (1) additional show per year that may be scheduled by the City for promotional purposes. The City must notify the Entertainer of these special shows at least ten (10) days prior to the day on which they are scheduled. 5. That in consideration of the Entertainer's services, the City agrees to pay the Entertainer at the following schedule: 2000 Fourteen Thousand Five Hundred Fifty Dollars ($14,550) 2001 Fourteen Thousand Nine Hundred Twenty-Five Dollars ($14,925) 2002 Fifteen Thousand Three Hundred Dollars ($15,300) Payments will be made in four (4) equal installments on July 1st, August 1st, September 1st, and September 15th of each year. Payment for any missed performances will be subtracted from the appropriate instaliment on a pro-rated basis. 6. That in addition to furnishing and staging the "Sparky" trained seal act, the Entertainer shall also furnish additional seals, the number to be agreed upon by the City and Entertainer at no expense to the City which shall be housed in the Marine Mammal exhibit or the Seal Island in Como Park all year. Cost of feeding such seals shall be borne by the Entertainer until this agreement expires. ° lq—�1toY' That the Entertainer shall have the right to the concession of selling fish to the public at Como Park for the purpose of feeding the seals referenced in the above paragraph. The City shall provide an area for the use of the Entertainer for fish storage purposes in the concession operation and shail provide such an area with running water, electricity and sanitary sewer. 8. It is understood that the Entertainer is, at all times and for ali purposes within the scope of this Agreement, acting as an independent contractor and not as an employee of the City. Nothing contained herein shall be construed so as to find Entertainer an employee, nor shall he be entitled to any of the rights, privileges, or benefits of City employees. 9. That Entertainer shall indemnify and hold harmless the City of Saint Paul from any and all claims of whatever kind and nature arising out of Entertainer's performance of services herein stated or in the operation of the concession right granted. In order to give this indemnification full force and effect, Entertainer agrees to provide, at his own expense, during the term of this agreement, public liability insurance in an amount of not less than $300,000 Dollars where the claim is for injury by wrongfui act or omission, and $1,000,000 Dollars for any number of claims arising out of a single occurrence. Such insurance shall name the City as additional insured thereon and shall be approved by the City's Office of Risk Management. 10. That the Entertainer acknowledges the City's and general public's expectation of his continuing perFormance, and will train, at his own expense and have available at all times, an understudy, to perform the Entertainers services in the event the Entertainer is unabie to do so for any reason. Entertainer shall advise the City's Manager of Special Services of the name of the understudy, and shall be responsible for insuring that the understudy is availabie for any performance at which he is unable to perform. Current understudy is Tanya Yvette, Entertainer's daughter. 11. That the City or the Entertainer may terminate this agreement by giving the other party written notice between January 1 and January 15 of the appropriate calendar year. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Approved As To Form: Assistant City Attorney NORMAN BYNG For City Of Saint Paul: Director of Parks and Recreation Mayor Director of Financial Services G 15P\WP�Agreemnts\Byn9 Sparky.wpd �R��iAL Presented By Referred to Committee: Date 1 2 3 4 5 6 7 S 9 WIiEREAS, the Sparky The Seal Show has long been a tradition at the City of Saint Paul's Como Zoo, bringing laughter and entertainment to all who attend the show; and WHEREAS, Norm Byng has provided this show for many years; and NOW THEREFORE BE IT RESOLVED THAT The Saint Paul City Council hereby approves the attached three-year Agreement between the City and Norman Byng to continue these shows as ouClined therein for the �.9.�9, �4P and SGCi summer park seasons. a,o�, a�►, aoo�, Yea/ Nays Absent Benannav ✓ Blakey_ �- Bostrom � coi �man_ � Harris _� Lantry _ �/ Reiter � � � � Adopted by Council: Date � �.��9 Adoption Certified by Council Secretary By � By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # \q � ��' Green Sheet # �000 `cn � Requested y Division of Recreati � .�- � lf and Form Approved by Cit� Attorney By: -�/� � Approved }�y Mayor for Submission to r GREEN SHEET � S ' NO. 100060 � DEPARTMENT/OFFICE/COUNCIL DATE INITIATED Parks and Recreation ��2Z�99 CONTACTPEfl50NANDPHONE INITIAVDATE INITIAVDATE Howard Bell 266-6415 I � � DEPARTMENT DIRECTOR 4 CITY COUNCIL ASSIGN NUMBER FOR 2 CRY ATTORNEY r J CITY CLEiiK MIIST BE ON COUNCIL AGENDA 8Y IDA"fE) POUi1NG OROER BUDGET OIRECTOR FIN. & MGT. SERVICES DIR. 3 MAYOF (OR ASSIS 6 Parks & Recreation - 300 CHA TOTAL 8 OF SIGNAiURE PAGES � �CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Signatures of Superintendent of Parks and Recreation, City Attorney and Mayor, and passage of the attached Council Resolution by the SaiM Paul City Council. RECOMMENDATIONS: Appmve �A) or Reject (R� PEfiSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has this person/fiim ever worketl untle� a conhact for [his departmen[? CIBCOMMITTEE _ VES NO A STAFF 2. Has this person/firtn ever been a ciTy employeet DISTRICT COUNCIL �ES NO — — 3. Does this personlfirm pass¢ss a skill no[ normally possessed by any current city employee?' SUPPORTS WHICH COUNQL OBJECTIVEI VES NO EnO�ain all yes answars on separete shee[ antl attach to green sheH. INITIATING PflOBLEM, ISSUE, OPPORTUNITV �Who, Wha[, When, Where, Why): The Division of Parks and Recreation wishes to re-enter into a 3-year agreement with Norman Byng, to provide trained seal shows at St. Paul's Como Park Zoo. ADVANTAGESIF APPROVED: Continuation of long-standing tradition of "Sparky" shows available to the public at Como Park . DISADVANTAGES IF APPROVED. . y , N/A - t, �;�� m �'°;`-��,<-.� ��' -: � G��&s?�=a ��s�a�ck ��:es �OV 2 � 1999 ��'� � � �"��'�� __��'�� : � �� ,��. � DISADYANTAGES IF NOT APPROVED: Loss of above opportunities. TOTAL AMOUNT OF TftAN5ACT10N $ 44,775.00 COST/REVENUE BU�GEfED (CIRCLE ONEI � E NO FUNDINGSOURCE Special Services Fund A�TryRyNUMeER 325-23123 FINANCIAI.INFORMATION: �EXPLAIN) City will pay Byng the above amount over three years, in fiour equal installments each year. AGREEMENT AN AGREEMENT, made and entered into this 15'" day of November, 1999, by and �t9 -t 1t�Y between the CITY OF SAINT PAUL, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and NORMAN BYNG, an individual hereinafter referred to as "Entertainer." In consideration of the mutual and reciprocal agreements and promises hereinafter set forth, and for other good and valuable consideration, the parties mutually agree as follows: That Entertainer shali furnish and stage a trained seal entertainment act featuring a seal known as "Sparky" to be presented at the Como Zoo during the times stated herein. 2. That this agreement shall commence on the date stated above and end three (3) years from that date. Entertainer to provide his services for the period from May 15 through the third week-end in September of each year, first beginning May 15, 2000 and as further specified herein. 3. That Entertainer shall furnish and stage two (2) shows per day, except Mondays, from May 15 through the Friday preceding Memorial Day; three (3) shows per day on Tuesday, Wednesday, Thursday, and Friday from Memoriai Day through Labor Day; four (4) shows per day on Saturdays, Sundays, and legal holidays commencing Memorial Day through Labor Day; two (2) shows per day for the Saturdays and Sundays for the week-ends in September after Labor Day; all said shows to be performed each year of this agreement. 4. That the Entertainer will furnish up to one (1) additional show per year that may be scheduled by the City for promotional purposes. The City must notify the Entertainer of these special shows at least ten (10) days prior to the day on which they are scheduled. 5. That in consideration of the Entertainer's services, the City agrees to pay the Entertainer at the following schedule: 2000 Fourteen Thousand Five Hundred Fifty Dollars ($14,550) 2001 Fourteen Thousand Nine Hundred Twenty-Five Dollars ($14,925) 2002 Fifteen Thousand Three Hundred Dollars ($15,300) Payments will be made in four (4) equal installments on July 1st, August 1st, September 1st, and September 15th of each year. Payment for any missed performances will be subtracted from the appropriate instaliment on a pro-rated basis. 6. That in addition to furnishing and staging the "Sparky" trained seal act, the Entertainer shall also furnish additional seals, the number to be agreed upon by the City and Entertainer at no expense to the City which shall be housed in the Marine Mammal exhibit or the Seal Island in Como Park all year. Cost of feeding such seals shall be borne by the Entertainer until this agreement expires. ° lq—�1toY' That the Entertainer shall have the right to the concession of selling fish to the public at Como Park for the purpose of feeding the seals referenced in the above paragraph. The City shall provide an area for the use of the Entertainer for fish storage purposes in the concession operation and shail provide such an area with running water, electricity and sanitary sewer. 8. It is understood that the Entertainer is, at all times and for ali purposes within the scope of this Agreement, acting as an independent contractor and not as an employee of the City. Nothing contained herein shall be construed so as to find Entertainer an employee, nor shall he be entitled to any of the rights, privileges, or benefits of City employees. 9. That Entertainer shall indemnify and hold harmless the City of Saint Paul from any and all claims of whatever kind and nature arising out of Entertainer's performance of services herein stated or in the operation of the concession right granted. In order to give this indemnification full force and effect, Entertainer agrees to provide, at his own expense, during the term of this agreement, public liability insurance in an amount of not less than $300,000 Dollars where the claim is for injury by wrongfui act or omission, and $1,000,000 Dollars for any number of claims arising out of a single occurrence. Such insurance shall name the City as additional insured thereon and shall be approved by the City's Office of Risk Management. 10. That the Entertainer acknowledges the City's and general public's expectation of his continuing perFormance, and will train, at his own expense and have available at all times, an understudy, to perform the Entertainers services in the event the Entertainer is unabie to do so for any reason. Entertainer shall advise the City's Manager of Special Services of the name of the understudy, and shall be responsible for insuring that the understudy is availabie for any performance at which he is unable to perform. Current understudy is Tanya Yvette, Entertainer's daughter. 11. That the City or the Entertainer may terminate this agreement by giving the other party written notice between January 1 and January 15 of the appropriate calendar year. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Approved As To Form: Assistant City Attorney NORMAN BYNG For City Of Saint Paul: Director of Parks and Recreation Mayor Director of Financial Services G 15P\WP�Agreemnts\Byn9 Sparky.wpd