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01-328Council File # �/—.�Z aRIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # //�6/�� Committee: Date 1 WHEREAS, the Division of Parks and Recreation has made plans to protect the Public 2 Dock in the event of high water and/or flooding on the Mississippi River ; and 4 WHEREAS, the plan calls for barges placed in a protective barrier in the river to prevent 5 large debris from being carried into and doing damage to the dock; and 6 7 WHEREAS, L& S Industrial & Marine is able to provide and place such barges, but 8 wishes to be indemnified in the event of any personal injury or property damage as a result of 9 such use by its barges; and 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the expenditure of public funds, which includes the promise o£ indemnification and defense, for such a purpose will enable the Division of Parks and Recreation to implement the plan for protection of the Public Dock; now, therefore, be it RESOLVED, thaf the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, indemnify, and hold harmless L& S Industrial & Marine from any and ali damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of the barges as a protective barrier; and be it FURTHER RESOLVED, that the foregoing defense and indemnification does not cover: l) 2) 3) 4) casualty loss or property damage to the barges owned by L& S Indush & Marine and used as barriers, as a result of said use. any occurrences or events which are not part of the use of the barges as barriers. any events caused by the negligence of L& S Industrial & Marine. injuries or damages arising from vandalism or the other criminal actions committed by third persons; and be it � �l- 2 FURTHER RESOLVED, that nothing in the foregoing provisions shali be construed as a 3 waiver of the municipal tort liability limits set forth in Minn. Stat. §466.01 et seq or the defenses 4 outlined therein. 5 6 �RIGIN�IL Requested by Department of: By: Appz By: ey: Form Approved by City Attorney By: �vLC� . Yr' Approved by Mayor for Submission to Council Hy: Adopted by Council: Date F/iJL✓ Z��/�d/ Adoption Certified by Counci.l Secretary �i ..�z � Council President March 2001 I GREEN SHEET Naos�4s Srott RenstYOm �266�Sh61 (�w�unrona�tcro�l,� (�aneae+cw� UST BE ON COUNCIL AOENDA BV (DATE) �urox ASAP � ❑ arv�na�xar ��_ aneux¢ ` HuMasavoa aounNo OROFR ❑ ����6�a�' �M�NCNL�[RV/�CTO �IMYO11�aRMN�T�Nry.-- � TOTAL # OF SIONATURE PAOES �_ (CLIP ALl LOCATIONS FOR SIGNATUI2E) Use barges as a protective barrier for Harriet Island docks. PLANNING COMMISSION CIB COMMIITEE CIVIL SERVICE COMMIS810N AMOUNT OF TRANSACTION f 80URCH (E%PWN) Has thia ppreo�rm ever vrorkqd U�der e contract for lhle depertment'1 VES NO Has ihis penoNflrm wer been a Uty employee7 YES NO Does this pereoNflrm poseese a sldll nd namelly�osceseetl 4y any curtent cRy employee? YE8 NO n thh aeraonmrm e teryetea venaun YE8 NO COSTIREVENUH BUOOETED (CIRCLH ONL� YEi NO ACTNITY NUMBER Council File # �/—.�Z aRIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # //�6/�� Committee: Date 1 WHEREAS, the Division of Parks and Recreation has made plans to protect the Public 2 Dock in the event of high water and/or flooding on the Mississippi River ; and 4 WHEREAS, the plan calls for barges placed in a protective barrier in the river to prevent 5 large debris from being carried into and doing damage to the dock; and 6 7 WHEREAS, L& S Industrial & Marine is able to provide and place such barges, but 8 wishes to be indemnified in the event of any personal injury or property damage as a result of 9 such use by its barges; and 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the expenditure of public funds, which includes the promise o£ indemnification and defense, for such a purpose will enable the Division of Parks and Recreation to implement the plan for protection of the Public Dock; now, therefore, be it RESOLVED, thaf the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, indemnify, and hold harmless L& S Industrial & Marine from any and ali damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of the barges as a protective barrier; and be it FURTHER RESOLVED, that the foregoing defense and indemnification does not cover: l) 2) 3) 4) casualty loss or property damage to the barges owned by L& S Indush & Marine and used as barriers, as a result of said use. any occurrences or events which are not part of the use of the barges as barriers. any events caused by the negligence of L& S Industrial & Marine. injuries or damages arising from vandalism or the other criminal actions committed by third persons; and be it � �l- 2 FURTHER RESOLVED, that nothing in the foregoing provisions shali be construed as a 3 waiver of the municipal tort liability limits set forth in Minn. Stat. §466.01 et seq or the defenses 4 outlined therein. 5 6 �RIGIN�IL Requested by Department of: By: Appz By: ey: Form Approved by City Attorney By: �vLC� . Yr' Approved by Mayor for Submission to Council Hy: Adopted by Council: Date F/iJL✓ Z��/�d/ Adoption Certified by Counci.l Secretary �i ..�z � Council President March 2001 I GREEN SHEET Naos�4s Srott RenstYOm �266�Sh61 (�w�unrona�tcro�l,� (�aneae+cw� UST BE ON COUNCIL AOENDA BV (DATE) �urox ASAP � ❑ arv�na�xar ��_ aneux¢ ` HuMasavoa aounNo OROFR ❑ ����6�a�' �M�NCNL�[RV/�CTO �IMYO11�aRMN�T�Nry.-- � TOTAL # OF SIONATURE PAOES �_ (CLIP ALl LOCATIONS FOR SIGNATUI2E) Use barges as a protective barrier for Harriet Island docks. PLANNING COMMISSION CIB COMMIITEE CIVIL SERVICE COMMIS810N AMOUNT OF TRANSACTION f 80URCH (E%PWN) Has thia ppreo�rm ever vrorkqd U�der e contract for lhle depertment'1 VES NO Has ihis penoNflrm wer been a Uty employee7 YES NO Does this pereoNflrm poseese a sldll nd namelly�osceseetl 4y any curtent cRy employee? YE8 NO n thh aeraonmrm e teryetea venaun YE8 NO COSTIREVENUH BUOOETED (CIRCLH ONL� YEi NO ACTNITY NUMBER Council File # �/—.�Z aRIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # //�6/�� Committee: Date 1 WHEREAS, the Division of Parks and Recreation has made plans to protect the Public 2 Dock in the event of high water and/or flooding on the Mississippi River ; and 4 WHEREAS, the plan calls for barges placed in a protective barrier in the river to prevent 5 large debris from being carried into and doing damage to the dock; and 6 7 WHEREAS, L& S Industrial & Marine is able to provide and place such barges, but 8 wishes to be indemnified in the event of any personal injury or property damage as a result of 9 such use by its barges; and 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the expenditure of public funds, which includes the promise o£ indemnification and defense, for such a purpose will enable the Division of Parks and Recreation to implement the plan for protection of the Public Dock; now, therefore, be it RESOLVED, thaf the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, indemnify, and hold harmless L& S Industrial & Marine from any and ali damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of the barges as a protective barrier; and be it FURTHER RESOLVED, that the foregoing defense and indemnification does not cover: l) 2) 3) 4) casualty loss or property damage to the barges owned by L& S Indush & Marine and used as barriers, as a result of said use. any occurrences or events which are not part of the use of the barges as barriers. any events caused by the negligence of L& S Industrial & Marine. injuries or damages arising from vandalism or the other criminal actions committed by third persons; and be it � �l- 2 FURTHER RESOLVED, that nothing in the foregoing provisions shali be construed as a 3 waiver of the municipal tort liability limits set forth in Minn. Stat. §466.01 et seq or the defenses 4 outlined therein. 5 6 �RIGIN�IL Requested by Department of: By: Appz By: ey: Form Approved by City Attorney By: �vLC� . Yr' Approved by Mayor for Submission to Council Hy: Adopted by Council: Date F/iJL✓ Z��/�d/ Adoption Certified by Counci.l Secretary �i ..�z � Council President March 2001 I GREEN SHEET Naos�4s Srott RenstYOm �266�Sh61 (�w�unrona�tcro�l,� (�aneae+cw� UST BE ON COUNCIL AOENDA BV (DATE) �urox ASAP � ❑ arv�na�xar ��_ aneux¢ ` HuMasavoa aounNo OROFR ❑ ����6�a�' �M�NCNL�[RV/�CTO �IMYO11�aRMN�T�Nry.-- � TOTAL # OF SIONATURE PAOES �_ (CLIP ALl LOCATIONS FOR SIGNATUI2E) Use barges as a protective barrier for Harriet Island docks. PLANNING COMMISSION CIB COMMIITEE CIVIL SERVICE COMMIS810N AMOUNT OF TRANSACTION f 80URCH (E%PWN) Has thia ppreo�rm ever vrorkqd U�der e contract for lhle depertment'1 VES NO Has ihis penoNflrm wer been a Uty employee7 YES NO Does this pereoNflrm poseese a sldll nd namelly�osceseetl 4y any curtent cRy employee? YE8 NO n thh aeraonmrm e teryetea venaun YE8 NO COSTIREVENUH BUOOETED (CIRCLH ONL� YEi NO ACTNITY NUMBER