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87-77 WHITE - C�TV CIERK �► PINK - FINANCE G I TY O F SA I NT PA U L Council � i �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 <- , 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'� �% � � . . � � 7,��N° _ 08'70 C�1KMttNZ�Y 5ERVICES flEPARtMENT - �V�c �tI�TGENSTEI� �� CONTACT 740o PHpNE 12�•19-86 DAT`E ��� �� , 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►�� ; � �`' ' Ci�y wil'1 receive $85,000 for this concession annually for the years . i 1987 through 1992. I . , , , I 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) 9 -� � r Activity Number: 23122 - Concessions, O'Neil ATTAEHMENTS (List and Number All Attachments) : Insurance certificate � 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: . . � (SEE •REVERSE SIDE FOR INSTRt�TIONS) � Revised 12/84 • � . ��_ � � , 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 �7 � "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. � 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 , • �'' ,�� ''// � • 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.._..,......�.�. ____ �..,_...�....�., . .� � ��- �� � 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 . • � ' � �7 -�-� 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: � ; _ -/j� 1.` � � � "�..__A ` � f - Lr/� ci �� �� � �+ . � �`'�"� � . . Assistan� City Attorney Mayor � , �fj Director'; Dept. of Finance & ; ,..� Management Services ;,__� ' ', � � � � � . �����'L�i''�'''� " � �, ��._!t.1 i �%t - + ?^-j E���� :� LOUISE H. 0'NEIL __`Director, _Dept. of Communi,ty ----.- _. - - _ ervi ces�---- -- -- _. ..--� , � 4�- �°�. i F�EU . 0'N L, � NIOR ,� f � � ,' , � < ► . � CURRENT SPECIFICATION � ���5� 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 , t , . - � • - 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. �..� I � «� G� t� �= � . . . ���-�� :;- �J� CITY OF S.�I,7'T PgUL - ..��-"`�'`�:; s � O�i'FICE OF TSF CITY COUYCIL �i� c��.m � �am�i�tee Repart ��. l�ana�eme�t, & Fersonnel Committ��. � � 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 ��s