87-77 WHITE - C�TV CIERK
�► PINK - FINANCE G I TY O F SA I NT PA U L Council �
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�ANARV - DEPARTMENT File NO. � ��
BLUE - MAVOR
�Counci Resolution ---�
Presented By � �
�'`�
Referred To . - � �� Committee: Date �� ��
Out of Committee By Date
RESOLVED, that the proper City officials are hereby author-
ized and directed to execute a Lease Agreement with O'Neil
and Associates for the purpose of operating amusement rides
in Como Park for the years 1987 through 1992 with the City
to receive $85, 000.00 in compensation for the same ; a copy
of said Agreement to be kept on file and of record in the Depart-
ment of Finance and Management Services .
COUNC[LMEN Requested by Department of:
Yeas p�eW Nays
N"°S'a [n Favor
Rettman �
Scheibel � // �
Sonnen __ Ag81I1St BY —� �/�
Tedesco
Wilson
Adopted by Council: Date .1AN 2 2 1987 Form prove y C' rne
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Certified Pass .il Se r BY
By�
A r b 'Vlavor: Date _ ��AN 2 3 1987 Approved Mayor Submiss to Council
P Y � �
By —
PUBLISHED ��i'� �% �
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C�1KMttNZ�Y 5ERVICES flEPARtMENT -
�V�c �tI�TGENSTEI� �� CONTACT
740o PHpNE
12�•19-86 DAT`E ��� ��
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ASSIGN NUNB�R FOR ROUTIN� ORDER (Clip All Locat�ions for. Sianat�re) : ,
�` flepartment Director 3 �Director of Management/Mayor
Finance and Managemen� Services Director � 4 City Clerk
Budg�t Dir,ect,or 5 city council
_ a
2 C�ty, Att.o.rney .
'k�IAT WILL BE ACHI�:��D BY TAKING ACTION ON THE ATTACHED MATERIkLS? (Purpose/
Rationale) :
O''NEIL AMUSEMENTS will operate .amusement rides in the City' s Como Park.
� RECEIVED
DEC � 31�86
` COST�lBfNEFIT, BUOGETARY AND PERSONNEL IMPACTS ANTICIPATED: � !
Gom�a►��
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�`' ' Ci�y wil'1 receive $85,000 for this concession annually for the years . i
1987 through 1992. I .
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FIi�ANCIN6 SOURCE AND BUDGET ACTIVITY NUN�ER CHARGED OR CREDITED: (Mayor's signa-
ture.not .re-
Total Amount of"Tr,ansaction: �85,000.0o to city quired if under
fundin Source; 325 � $10,000)
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Activity Number: 23122 - Concessions, O'Neil
ATTAEHMENTS (List and Number All Attachments) :
Insurance certificate
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D�PARTI�ENT REVIEW CITY ATTORNEY RfVIEW
x Yes No Council Resolution Required? ' Resolution t�quired? �� No
X Yes No Insurance Required? Insurance Sufffcient? Yes No
�Yes I�b Insurance Attached:
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(SEE •REVERSE SIDE FOR INSTRt�TIONS) �
Revised 12/84
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� , equipment in a safe, clean and attraetive operating condition.
19.) That 0'Neil and the City acknowledge that presently Como Park is being
renovated and that at a time, not presently specified, but possibly '
within the time frame of this agreement, it may become necessary to
relocate the r.ide area. 0'Neil and the City shall use their best
efforts to perform this relocatian during a time that is beneficial
to both parties and that neither party will unduly delay in performing
this move.
20.) That due to this move, it will be necessary for the City and 0'Neil to
negotiate an agreement covering the move and the operation of the ride
area after the move. Notwithstanding the above, there shall be no
increase in fees paid to the City by 0'Neil or if ticket prices
increase the City shall still receive its proportionate increase
unless in the opinion of the City 0'Neil contributes capital
improvements to the new area that would warrant a decrease in fees
� paid to the City.
21.) Special police services deemed necessary by 0'Neil for the security
of the ride area shall be furnished and paid for by 0'Neil .
22.) 0'Neil shall keep on the amusement ride site a competent supervisor
and any necessary assistants, all of whom shall be satisfactory to
said Director. This supervisor shall represent Q'Neil in his absence
and all directians given to the supervisor shall be as binding as if
given to 0'Neil .
_ - - _.-__�_ __ , — _ _ _- -
23.) Noise level from rides shall not exceed sixty decibels as measured
from a paint 100 feet West af the carousel . This shall be sampled on
a r�gular basis during the time music is played by using automated
equipment such as.. Metranics db602 or equal .
24.) In the event of inclement weather, 0'Neil , may with the consent of
sai� Director, close dawn the amusement ride site and remain closed
until favorable weather conditions prevail .
25.) The costs of all utilities (gas, water, electricity) used in the
amusement ride site shall be paid by 0'Neil .
26.) The City shall at all times reserve the right to approve any and all
sale of this business or any and all sub-leases that may occur.
27.) 0'I�eil shall provide complete and accurate aceounting records for the
concession using standard and universally accepted accounting methods.
28.) 0'Neil shall , upon request of said Director or his agents, provide
records of all sales at no cost to the City.
29.) 0'Ne�ii shall submit to the Director within sixty (60) days following
the end of each year during the term of this contract, a statement of
gross receipts and expenditures using true and acceptable accounting
procedures. Said report shall contain such information and be in such
forrr as to be acceptable to the City. The City shall have the right
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"And the said surety, for value received, hereby
stipulates and agrees that no change, extension of time
alterations or additions to the term of the contract or
to the work to be performed there-under or the
specifications accompanying the same shall in any �ay
affect its obligation on this bond, and it does hereby
waive notice of any change, extension of time,
alteration or addition to the terms of the contract or
to the work or to the specifications." ..
4.) 0'Neil shall purchase and maintain Workers' Compensation Insurance and
Public Liability Insurance for all persons employed by it in the .
performance of the work contemplated by this agreement insuring said
contractor against all obligations arising out of the Workers' �
�Compensation Act of the State af Minnesota.
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5.) 0'Neil shall indemnify and save harmless the City and all its
officers, agents and employees from all suits, actions, or claims af _
any character whatever name known, brought for or on account of any
injuries or damages received or sustained by any person, persons, or
property, by or from the acts of 0'Neil .
6.) Q'Neil shall purchase an maintain during�the life of this agreement
Comprehensive Protective Public Liability Insurance for and in behalf
of itself and the City as joint-insureds, and using a cross-liability
endoresement, protect the City and 0'Neil from claims for damages and
bodily injuries, including accidental death, as well as from claims
- • — - --- ----€or property damage which may arise from op�rati�ns under this -- -
agreement; .
Badil,y injury insurance (including death) in an amount of
not less than $600,000.00 for all damages arising out of
bodily injuries to or death of one person, and subject to
the same limit for each person in a total amount of not
less than $1,000,000.00 on account of any one accident.
Property damage insurance in an amount of not less than
$50,000.00 for all damages to or destruction of property
in any one accident and subject to that limit per accident,
further subject to total of not less than $100,000.00 for
all damages to or destruction of property during life of
the agreement.
7.) 0'Neil shall not proceed with the terms of this agreement until he has
furnished the City Attorney of the City with satisfactory proaf of the
existence of insurance of the kinds and in the amounts specified, the .
proof of insurance shall be in such form as the City Attorney may
require, an unless otherwise provided by the City in writing, the
proof of insurance shall consist of certified specimen copies which
have been approved by the City Attarney.
8.j Ail such proof of insurance required herin shall state that ten (10)
days' written notice will be given to the City, by service of such
notice upon the City Attarney, before any insurance is changed or
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AGREEMENT
7HIS AGREEMENT, made and entered into this /��{� day of ,�,����r�¢,�% ,
1986, by and between the CITY OF SAINT PAUL, a municipal eorporation, organized
and existing under the laws of the State of Minnesota, herein referred to as the
"City" and 0'NEIL AND ASSOCIATES, hereinafter referred to as "0'Neil ."
V�ITP�ESSETH:
That *he City does hereby grant to 0'Neil for the park season 1987, to and
in�iuding '99�, the privilege of operating amusemeni. rides in Como Park, upon the
fc,llowinq terms and conditions.
1.) That 0'Neil shall pay to the City for the privileges therein granted,
the following schedule of rates for the operation of said amusement
rides. 7he rate per year shall be paid in five (5) equal manthly
payments and said payments shall be made on the lst day of May, June,
_ _July, August and Se�tember_ of each year, and. in such manner._and at _ _
such place as directed by the Director of the Department of Community
Services of the City or his agents.
SCHEDULE OF RATES: 1987 $ 85,000.00
1988 85,000.00
1989 85,000.00
1990 85,000.00
1991 85,0OO.OD
2.) 0'Neil shall sell ride tickets at the following rates: Fifty ($.50}
(sales tax inciuded) per ride and Five ($5.00) Dollars for a book of
twzlve tickets. Up to four (4) rides maximum may require two (2)
tickets and at least eleven rides will requir•e one (1) ticket. Any
change in this price structure during the life of this agreement wil7
res�lt in 0'Neil 's payment to the City being raised propartionately.
For example, if prices are raised 10%, 0'Neil 's payment to the City
shall be raised 10% in the appropriate calendar year. All price
increases shall be approved by the Director of Community Services
before taking effect.
3.) That the cor�tractor shall furnish a performance bond in the amount of
$10,000.00 as security for the faithful perfarmance of said agreement
and for payments of all persons performing labor and furnishing
materials in connection with the agreement. The performance �ond
shall contain the following rider:
_�. ._.�.,�..�...,.�„�s._:...�...s..--.�....�..�.�.,.�..._m.n...,a.._..,......�.�. ____ �..,_...�....�.,
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� cancelled.
9.) Chapter 74 of the City's Legislative Code shall be deemed incorporated
herein hy reference with the same intent, purpose, and effect as if -
the same were fully set forth herein. 0'Neil and every subcontractor
shall comply with all applicable provisions, terms and conditions of
said ordinance. 0'Neil , in relation to the subject contract, shall
not discriminate against any employee of itself, or applicant for
employment with itself, or applicant for employment with itself in the
City of Saint Paul , and shall include a similar provision against �
discrimination in every subcontract germane thereto, requiring
employment in the City of Saint Paul .
10.) All� persons employed by 0'Neil to operate amusement rides or
concessions shall be a minimum of 18 years of age and shall present a
clean and neat appearance at all times.
11.) �lean and neat uniforms shall be worn by all employees of 0'Neil
operating amusement rides and concessions. The costs of furnishing
and cleaning the above uniforms shall be borne by 0'Neil , and the type
of uniform furnished shall be subject to the approval of the City's
Director of the Department of Community Services.
12.) 0'Neil through their insurance companies shall furnish the City's
Director of Community Services with a copy of two ride inspectian
reports resulting from the insurance companies' ride inspections. One
report shall be received within forty-five (45) days of the opening of
_each season and the second report at least vthirty (30) days later.
__ _
�" Further, 0'Neil shall comply�-with all local , State and Federal laws
pertaining to the licensing of amusement rides.
13.) U'Neil sha�l specify in writing annually by March 15, all pieces of
equipment to be operated on the amusement ride site, including type,
size, condition, purchase date, cost of such equipment. In the event
of seizure of foreclosure by unpaid creditor of 0'Neil 's equipment,
the City shall have notice by 0'Neil before the equipment is released.
14.) The Gity, acting through its Director of the Department of Community
Services, reserves the right to exclude any piece of equipment which
in its opinion is unsuited for use in the amusement center.
15.) All rides installed shall be approved by said Director or his agents,
and there shall be not less than tert (10} rides, nor more than fifteen
(15) except with the consent of said Director.
16.) Charges for all rides shall be approved annually by the Director of
the Department of Community Services. All costs involved in
collecting admissions are the responsibility of 0'Neil .
17.) The rides shall be operated daily during the season, beg�inning April
15 and ending Se�tember 15, and between the hours of 10:30 AM and
9:00 PM, or as said Director shall determine.
18.) 0'Neil shall be responsible for all cost involved in maintaining a11
,...._, _ __�.�,.,,.�,,.�.,..�_�.�.......___._.......,,,,�.......�.w.��,..._
.<,.�.,.»,,.....,�..._..... ,..��..._......w_,:_._....._.,._..��,.�.2
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to inspect the books and records of Q'Neil during usual business
hours.
30.) This agreement may be terminated upon thirty (30) days' notice, in �
writing, for violation of any of the provisions of the agreement, but
in no event shall continue in force beyond December 31, 1991. Such
notice shall be mailed to the other party at his usual place of
business.
IN WITNESS WHEREOF, the parties have signed this agreement the day and year
first above written.
APPROVED AS TO FORM: CITY OF SAINT PAUL:
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Assistan� City Attorney Mayor � ,
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Director'; Dept. of Finance & ;
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Management Services
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:� LOUISE H. 0'NEIL __`Director, _Dept. of Communi,ty
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- - _ ervi ces�---- -- -- _.
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F�EU . 0'N L, � NIOR
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� CURRENT SPECIFICATION
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Title of clasa:
EMERGENCY PREPAREDNESS COORDINATOR
DESCRIPTION OF WORK
General Statement of Duties: Performs profesaional work coordinating
emergency preparedness efforts, disseminating information regarding
emergency procedures and processing necessary documentation; directing
the Fire Department's Safety Program; and performiag related work as
requiredo
Supervision Received: Works under the general guidance and direction of
the Fire Chief, ,�
Supervision Exercised: Exerciees general techaical and administrative
supervision over lower level workerso
TYPICAL DUTIES PERFORMED
The listed examples may not include all dutiea performed by all positions in
this classa
Develops emergency preparedness plans and programs and submits them to
the appropriate officials and agencies for approvale
Prepares and submits the annual emergency prepar�dness budget to support the
emergeacy preparednese programe
Coordinates the City's emergency preparedness activities with those of the
� County, State and Federal governments.
Develops and implements plans to provide an emergency operating center facil�ty;
plans for staffing and coordinating the use of such a facility in an
emergencye
Plans and organizea a radiological monitoring and analysis system; trains
personnel and acquires neceasary equipmente
Coordinates emergency plans with medical agencies and personnel.
Plans and coordinates public varning and informatioa systems including
maintenance of warning sirens and agreementa with local broadcast media.
Informa individuals and groups about the emergency preparedness plans;
attends meetings regarding emergency preparedness as the City's
representativea
Performs or coordinates the performance of other activities outlined in the
emergency preparedness plana
Plans and develops training programs in all areas of emergency preparedness.
Directs the Fire Department's Safety Program.
Directs the fuel allocation program and coordinates with the appropriate state
agenciea; plans and coordinates community shelter maintenance program.
Develops a long-range program for gathering and maintaining data regarding
underground facilitieso
KNOWLEDGES, SKILLS AND ABILITIES
Ability to communicate effectively, both orally and in writing.
(continued on reverse side)
Effective May 19� 1980
EMERGENCY PREPAREDNESS COORDINATOR
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EMEItGENCY PREPAREDNESS COORDINATOR
(continued)
Ability to establish and maintain working relationships vith City and
other public officials and private agencies.
Knmwledge of emergency preparedness fundamentals including state and
federal guidelines.
Some kaowledge of budgeting procedures and grant proposal writing.
MINIMUM QUALIFICATIONS
Five years' experience as a Fire Fighter, Fire Engineer or Fire Equipment
Operator ia the Saint Paul Fire Department and either completion of 90
credits or two years' administrative or Civil Defense experience.
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:;- �J� CITY OF S.�I,7'T PgUL
- ..��-"`�'`�:; s � O�i'FICE OF TSF CITY COUYCIL
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�am�i�tee Repart
��. l�ana�eme�t, & Fersonnel Committ��.
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JANUARY 15, 1987 =
1. Approval of minutes frorl mPeting held January 8, 1987. approved as amended
2. Resolution amending the 19�7 budget by transferring $5,106 from Contingent �
Reserve to Civic Or�anization Partnership Programs and authorizing payment
to various organiz4tions for contractual services. approved ' "
3. Letter of the Sta;:e Departneat of Revenue tran��?i*_tizg �pp'lication. no. 328521
of Steven C. Ophe�_� ior the re�?uction of certai:: real es,tate in the city of
Saint Paul. discussed '
4. Resolution ane�di:.g the 1987 budget and adding $89,911 to the Financing Plan
. . and to the Spsncling. Plan for�JTPA Title II-A 32 Older Workers.•= approved �
5: �tsso3�tio�,auth�rizing s. lease _agree�ttent witk-0'N�f�-�an�rAssac3ates-for �re --: --
� purpest �aE oge�a�ing, a�usemeat rides in Como Pa�� for the pear�� I�987 thrau�gh
2992. ���rov___-___ed ,.._ � .
6. Resolution approving appropriation of �295,000 MSA funds to participate in
the construction costs of a project located at West Seventh Street from
" Snelling Avenue to Saint Paul Avenue (T.H. ��5) . approved .
7. Administrative Orders:
D-8206.: Authorization of payment in the amount of $450.00 to Alisan Watase
� to attend workshop on Adolescent Obesity (laid over from 1-8-87). �
discussed
D-8212: Approval of payment for vacation of Congress Street by HRA (Iaid
over from 1-8-87) . discussed
D-8239: Budget revision in the Public Works - Street Ma.intenance Fund.
discussed
D-8241: Additions of $800.00 to the Fuel Service Station Canopy Construction
Pro;ject. laid over to 1/22
8. Report by tne Mayor and Finance Director Gene Schiller regarding their review
of several f inancial management issues. laid over to 1/22 �
C`n HAI'i' SF'VF�ITH FLOOR S�INT PAUL,3iID.'�TNESOTA SSI02
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