96-1092 Council File # (����/�
Green Sheet # __�I�.L�
RESOLUTION
C INT PAUL, MINNESOTA
Presented By
Referred to Committee: Date
1 WHEREAS, the Division of Parks & Recreation is hosting the Minnesota Orchestra concert
2 on Harriet Island on Saturday, September 7, 1996 which will be free of charge and open
3 to the public; and
4
5 WHEREAS, a fireworks finale has been planned and budgeted for at the event; and
6
7 WHEREAS, the best location for the fireworks shoot would be from a barge on the
8 Mississippi River and Shiely Company, doing business at 2915 Waters Road, Eagan, MN has
9 offered to donate a barge to use for the show and Upper River Services, Incorporated,
10 doing business at 40 State Street, Saint Paul, MN has offered to stage the barge for
11 set up, move the barge to the shoot site and return the barge to its' facility for tear
12 down during the period of September 5, 1996 until September 8, 1996; and
13
14 WHEREAS, the promise of indemnification and defense for such a purpose will facilitate
15 this event and enable it to take place; now therefore, be it
16
17 RESOLVED, that the Council of the City of Saint Paul on behalf of the City of Saint
18 Paul hereby agrees to defend, indemnify and hold Shiely Company and Upper River
19 Services harmless from any and all damages it may be required to pay as a result of
20 suits, claims, actions or judgments arising out of activities connected with the
2 1 fireworks show planned for Harriet Island on September 7, 1996 for or on account of any
22 injuries or damages received or sustained by any party, parties, or property by reason
23 of any act of negligence or omission of said City, its contractors, agents or
24 employees; and be it
25
2 6 FURTHER RESOLVED, that the foregoing defense and indemnification does not cover any
2 7 damages in excess of the City's liability limits as set forth in Minn. Stat.
28 §466.04 (1994) .
Yeas Nays Absent
II Blake �✓� (I I Requested by Division of Pa�s and
II QS�� ✓ II II II Re ation
I Guerin II�II II I)
Harri s II � II I)
Megard (I II II � II B '
Rettman_II�II � ��
Thune �
� ( Form Approved by City Attorney
Adopted by Council: Date �,q,�
By:
Adoption Certified by Council Secretary
By Approved by Mayor for Submission to
Council
Approved by Mayor: Date:
By: �� � ����� g,.; l�' ���,e�^��
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OEPMRTt�IrAOFFICE/COUNCIL DATE INITIATED �O� ��
Parks and Recreation 08/29/96 GREEN SHEET
CONTACT PERSON 8 PHONE INITIAUDATE INITIAUDATE
�DEPARTMENT DIRECTOR �CITY COUNCIL
Maureen Watson 266-6649 ASS16N a CITYATTORNEY �CITYCLERK
NUMBER FOR
MUST BE ON COUNCIL AOENDA BY(DATE) ROUTINQ �BUDGET DIRECTOR �FIN.&M(iT.3ERVICES Dlq.
9 5 96 ORDEH �MAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE PA(iE3 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Signatures on attached Resolution to hold harmless Shiely Company and Upper River Services
for their services on the September 7, 1996 fireworks finale.
RECOMMENDATIONS:Approve(A)or Reject(R) pER80NAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNINQ COMMIS3IQN _ ClVll SERVICE COMMISSION �• Has this persOn/firm ever worked under e contract for this department?
_CIB COMMITTEE _ YES NO
�3TAFF _ 2• Has this person/firm ever been a city employee?
YES NO
_DISTRICT COURT _ 3. Does this person/firm
possess a skill not normally possessed by any current city employee?
SUPPORT3 WHICH COUNCIL OB,IECTIVE? YES NO
Explsin ell yss answsrs on separats shsst and sttach to yrs.n shsst
INITIATIPK�PHOBLEM,ISSUE.OPPpRTUNITY(Who,What,When,Wharo,Why):
The City is hosting the MN Orch4estra Concert free and open to public on Harriet Island
on Saturday, September 7, 1996. Shiely Company and Upper River Services are providing
a barge and transportation for the fire works and have asked to be held harmless by the
c;ty.
ADVANTAOE3 IF APPROVED:
Fireworks finale is being planned and will be shot from a barge on the Mississippi River
Shiely Compay is providing barge free of charge and Upper River Services is transporting
the barge to make the fireworks possible.
DISADVANTAGES IF APPROVED:
None
DISADVANTAOES IF NOT APPROVED:
We will not have fireworks.
TOTAL AMOUNT OF TRANSACTION S —�— COST/REVENUE BUOGETED(CIRCLE ONE) YES NO
FUNDIWG SOURCE ACTIVITY NUMBER
FINANCIAL INFORIi�iATION:(EXPLAIN)