96-1429 � f �' � � �9 s�,� �� Council File # / �/���
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Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA I�
Presented By
Referred to Committee: Date
1 WHEREAS, the Sparky The Seal Show has long been a tradition at the City of
2 Saint Paul's Como Zoo, bringing laughter and entertainment to all who attend the
3 show; and
4
5 WHEREAS, Norm Byng has provided this show for many years; and
6
7 NOW THEREFORE BE IT RESOLVED THAT The Saint Paul City Council hereby approves
8 the attached three-year Agreement between the City and Norman Byng to continue these
9 shows as outlined therein for the 1997, 1998 and 1999 summer park seasons.
Yeas Nays Absent
I Blakey I ✓ ( I Requested by Division of Parks and
�rimm�l �/ I I Recre �
Guerin �
Harri s II ✓ ,I I
Megard II ✓ I I � By: •�L�-
Re t tman_II ✓ �' I�
Thune ✓
Form Approved by City Attorney
Adopted by Council: Date �v alc�� _ J
By: `� �.•, U .
Adoption Certified by Council Secretary
gy Approved by Mayor for Submission to
/� Council
Approved by Mayor: Date: ?i� "�
BY� ��c tJ�7`.�.�"'v� By' i " - l� .C(���'�
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405 ��
OEPMRTIiAENT E/COUNCIL DATE INITIATED
Parks and Recreation l0/22/96 G R E EN SH E ET
CONTACT PERSON&PHONE INITIAUDATE INITIAUDATE
DEPARTMENT DIRECTOR �CITY COUNCIL
V1 C W1 tt enstei n 266-6409 ASSIfiN CITYATTORNEY �CITYCIERK
NUMBER FOR
MUST BE ON COUNCIL AGENDA BY(DATE) ROUTIN6 BUD(iET DIRECTOR �FIN.&MCiT.SERVICES DIR.
ORDER �MAYOR(OR ASSISTANT) � pa r k c
TOTAL#OF SIGNATURE PA4ES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUE$T�D:
Signatures of Superintendent of Parks and Recreation, City Attorney, Mayor and passage of
the attached Resolution by the City Council .
RECOMMENDATIONS:Apprqve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST AN8WER THE FOLLOWING QUESTIONB:
_PLANNING COM1411,881QN _ CIVIL SERVICE COMMIS310N 1• Has this person/firm ever worked under a contract for this department?
_CIB COMMITTEE _ YES NO
�S7AFF _ 2. Has this person/firm ever been a city employee?
YES NO
_ DISTRICT COURT _ 3, Does this rson/firm
pe possess a skill not normalry possessed by eny current city employee?
SUPPORTS WHICH COUN�I�OBJECTIVEI YES NO
Explaln all yss enswers on separat•�hsst and attach to prNn shsst
IN�TIATINO PROBLEM,,I,SSUE,OPPpRTUNITY(Who,WMt,When,Where,Why):
The City of Siant Paul , Division of Parks and Recreation wishes to engage Norman Byng to
furnish and stage a trained seal entertainment act at Como Zoo for a three year period
commencing May 15 through the third weekend in September of each year first beginning
May 15, 1997 through 1999.
__
ADVANTAGES IF APPRO�IEDi
Quality entertainment feature at the zoo, which entertains thousands yearly.
D13ADVANTAGES IF APPRQVED:
NOY ') 1996
None. OCT 24 19�6
iw.`rn�*.,. ,.��.-
���� ATTORNEY
__
DISADVANTAOE3 IF NOT APPROVED:
Loss of show, its entertainment value and a City tradition and tourist attraction.
Ct1l�I1C�f R����.t�lh C��t�C
�lt�'; 1 � ���o
TOTAL AMOUNT OF TRANSACTION S 41 e 7OO over 3 years O /REVENUE BUDGETED(CIRCLE ONE) YES N�""�
1997: $13,600, 1998: $13,900, & 1999: $1�
FUNDIWG80URCE Fund 325 �.Special Set"V1CeS E11t2P�1$IQ,fIVFIW'CIdIMBER 23122
FINANCIAL INFORWfATION:(EXPLAIN)
Revenue from ride and food concessions in Como Park are used to pay for this program.
- �� /�� �
AGREEMENT
AN AGREEMENT, made and entered into this day of , 1996, by
and befinreen 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."
WITNESSETH:
1. That Entertainer shall furnish and stage a trained seal entertainment act featuring a seal
known as "Sparky" for the times stated herein.
2. That this agreement shall be of a duration of three (3 ) years with the Entertainer being
required to provide his services commencing May 15 through the third week-end in
September of each year first beginning May 15, 1997 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 Memorial 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 Entertainer shall provide his services under the supervision of and to the satisfaction of
the Director of the City's Department of Community Services and/or its agent.
6. That in consideration of the Entertainer's services, the City agrees to pay the Entertainer at
the following schedule:
1997 Thirteen Thousand Six Hundred Dollars ($13,600)
1998 Thirteen Thousand Nine Hundred Dollars ($13,900)
1999 Fourteen Thousand Two Hundred Dollars ($14,200)
Payments will be made in four (4 ) equal installments on July 1st, August 1st, September
1 st, and September 15th of each year.
1
- ��-/y��y
7. That in addition to furnishing and staging the "Sparky" trained seal act, the Entertainer shall
also furnish additional seals at no expense to the City which shall be housed in the Marine
Mammal exhibit or the Seal Island in Como Park all year. Incidental cost of maintaining
such seals shall be borne by the Entertainer until this agreement expires.
8. 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 shall provide such an area with running water, electricity and
sanitary sewer.
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 wrongful act or omission, and $600,000
Dollars for any number of claims arising out of a single occurrence. Such insurance shall
name the City as a co-insured thereon and shall be approved by the City Attorney.
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, who's name shall be furnished to the City's Manager of Special Services to
perForm the Entertainers services in the event the Entertainer is unable to do so for any
reason. Tanya Yvette, Byng's daughter (understudy).
11. That the City or the Entertainer may declare this agreement nullified at the end of any year it
is enforced by giving the other party written notice befinreen 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.
City Attorney Mayor
NORMAN BYNG Superintendent of Parks and Recreation
Director of Finance & Management Services
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