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253525 OR161NAL tb CITY CLBRK ���5�� _ CITY OF ST. PAUL F�ENC�� NO. OFFICE OF THE CITY CLERK COUNCII� R L TIO�ENERAL FORM COMM199�IONE VICTOR J. TEDESCO �/ � AtF April 8, 1971 RESOLVED, that the proper Citq Officers all hereby authorized to enter into an agreement with Fred C. 0`Neil and Loui�e 0'ATeil to operate amusement rides in Como Park for the years 1972, to and iacludiag 1976. ��.--` __. . _ ��(_....... . _. ,'-,�._,�- �. , , ._ �� ,,.;, COUNCILMEN Adopted by the Counci� APR 13197�19— Yeas xay8 APR 131971 Butler Caxlson ove�1 19� Le�ine Favor Meredith ,,1 Sprafka U r A gainst Tedesco Mr. President, McCarty PUBLISHED APR -� 97a �� 1 . � D ` A G R E E M E N T THIS AGREEMENT, made and entered into this day of , bq and between the City of Saint Paul, a municipal corporation, organized and existing under the laws of theState of Minnesota, hereinafter referred to as the "City," and 0'Neil Amusement Com- � pany, a partnership consisting of Fred C. 0'Neil and Louise 0'Neil, ; � he�reinafter referred to as "0'Neil." � WITNESSETH: That the City does hereby grant to 0'Neil for the park season of 1972, to and including 1976, the privilege of operating amusement rides in Como Park, upon the folla�ing terms and con- ditions. 1. That 0'Neil shall pay to the City for the privileges therein granted, $62,000.00 per year for the operation of said amusement rides. The $62,000.00 per year shall be paid in five (5) equal monthly paqments of $12,400.00 each, and said payments shall be made on the lst day of May, June, July, August, and Sept- ember of each qear, and in such manner and at such place as directed by the Commissioner of Parks, Recreation and Public Buildings of the City or his agents. 2. That the contractor shall furnish a performance bond in the amount of $10,000 as security for the faithful performance of said agreement and for payments of all persons performing labor and furnishing materials in connection with the agreement. The performance bond shall coatain the followin rider: � ' , � . "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 therevnder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does herebywaive notice of any change, ex- tension of time, alteration or addition to the terms of the contract or to the work or to the specifications." 3. 0'Neil shall take out and maintain Workmen's Com- pensation Insurance and Employer's Public Liability Insurance for all persons employed by it in the performance of the work contemp- lated by this agreement insuring said Contractor against all ob- ligations arising out of the Workmen's Compensation Act of the State of Minnesota. 4. 0'Neil shall take out and maintain during the life of th�s agreement comprehensive protective public liability insurance for and in behalf of itself and the City as j oint-insureds, and using a cross-liability endorsment, protect the City and 0'Neil from claims fDB. damages and bodily injuries, including accidental death, as well as from claims for property damage which may arise from operations under this agreement. Bodily injury insurance (iacluding death) in an amount of not less than $500,000 for all damages arising out of bodily in3 uries 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 on account of any one accident. Property damage insurance in an amount of not less than $25,000 for all damages to or destruction of property in any one accident and sub�ect to that limit per accident: further sub�ect to total of not less than $50,000 for all damages to or destruction of property during life of the agreement. 5. 0'Neil shall not proceed with the terms of this agreement until it has furnished the Corporation Counsel of the City of Saint Paul with satisfactory proof of the existence of insurance of the kinds and in the amounts above specified, The proof of insuraace shall be in such form as the Corporation Counsel -2- may require, and unless othe�w�se provided by the City in writing, the proof of insurance shall consist of certified specimen copies have been approved by the Corporation Counsel and filed with the City Comptroller. 6. " All such proof of insurance required herein shall state that ten daqs' written notice will be given to the City, by service of such notice upon the Comptroller, before any insurance is changed or cancelled. 7. 0'Neil shall indemnify and save harmless the City and all of its officers, agents and employees from all suits, actions � � or claims of any character by whatever name knawn, brought for or , / on account of any in3uries or damages received or sustained by any / pezson, persons or property, by or from the act or acts of 0'Neil. 8. The Fair Employment Practice Ordinance now in effect in the City of Saint Paul shall be deemed incorporated herein by re- ference with the same intent, purpose and effect as if the same were fully set forth herein. 0'Neil and everq subcontractor shall comply with all applicable provisions, terms and conditions of said Or- dinance. 0'Neil in relation to the subject contract, shall not dis- criminate against any employee of itself, or applicant for employment with itself in the City of Saint Paul, and ahall include a similar provision against discrimination in every subcontract germane there- to, requiring employment in the City of Saint Paul. 9. All persons emploqed by 0'Neil to operatec:amusement rides or concessions shall be a minimum of 18 years of age, except with the permission of said Comanissioner,or his agents, and shall be of good moral character, and present a clean and neat appearance at all �.times. -3- 10. Clean 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 sub�ect to the approval of said Commissioner, or his agents: 11. All equipment to be used in the Amusement Center shall be maintained in a cleaa, attractive, and safe condition at all times. 12. 0'Neil sha11 specifq in writiag all pieces of equipment to be operated on the Amusement ride site, includiag type, size, condition, purchase date, cost of such equipment, and further dis- close any financing arragements it maq have with respect to Citq equipment. In the event of seizure or foreclosure by an unpaid creditor of 0'Neil's equipment, the City shall have notice bp 0'Neil before the equipment is released. 13. Said Commissianer reserves the right to exclude any piece of equipment which in his opinion is unsuited for use in the Amusement Center. 14. All rides installed shall be approved bq said Commissioner, or his ageats and there shall be not less thau ten (10) rides, nor more than fifteen (15) except with the consent of said Commissioner. . 15. Charges for rides shall be as follaws: A miaimum of ten (10) rides shall have a charge not te exceed tem-cents (lOG) or on� teircent ticket; all other rides may have a charge in multiples of ten-cent tickets, with the permission of said Commiss�oner. All costs iavolved in co.11ecting admissions are the responsibility of 0'Neil. -4- 16. The rides shall be operated only during the season, be- ginniag Agril 15, and ending October 15 I , and between the hours of 8:00 a.m. and 10:00 P•�. , or as said Commissioner shall determine. 17• 0`Neil shall be responsible for all cost involved in maintaining all equipment in a safe, clean, and attractive oper- ating condition. 18• Special olice services deemed necessa P ry bq 0'Neil for the security of the riaes area shall be furnished and paid for b 0'Neil. y 19. 0'Neil shall keep on the amusement ride site a competent supervisor and an y necessaxy assistants, all of whom shall be satis- factory to said Commissioner. This supervisor shall represent 0'Neil in his absence and all directions given to the supervisor shall be as binding as if iven to 0 Neil. g � On written request of 0'Neil, such directions of the said Commi�sioner� or his agents shall be confirmed in writing to 0'Neil shall carefully study and ccnnp$re all drawings, specifications, aad other instructions, and shall at once report to said Commissioner,or his agents aay error, inconsis- tencq or omission discovered before starting any portion of the work or operation. Z�• 0`Neil shall exercise care to prevent any condition in �e amusement ride site which could be interpreted as a nuisance to Como Park and the surrounding community. 21• In the event of inclement weather, 0'Neil may, with the consent of said Commissioner, close down the amusement ride site and remain closed until favorable weather conditions prevail. 22• The costs of all utilities �gas, water, electricity) used in the amusement ride site shall be paid by 0'Neil. 23• 0'Neil shall provide complete and accurate accounting -S- 16. The rides shall be operated only during the season, be- ginning April 15, and ending October 15, and between the hours of 8:00 a.m. and 10:00 p.m. , or as said Comunissioner shall determine. 17. 0'Neil shall be responsible for all cost involved in maintaining all equipment in a safe, clean, and attractive oper- ating condition. 18. Special police services deemed necessary by 0'Neil for the security of the rides area shall be furnished and paid for by 0'Neil. 19. 0'Neil ahall keep on the amusement ride site a competent supervisor and any necessarq assistants, all of whom shall be satis- factory to said Commissioner. This supervisor shall represent 0'Neil in his absence and all directions given to the supervisor shall be as binding as if given to 0'Neil. On written request of 0'Neil, such directions of the said Commissioner, or his agents shall be confirmed in writing to 0'Neil shall carefully studq and compare all drawings, specificatians, and other instructions, and shall at once report to said Commissioner,or his agents any error, inconsis- tency or omission discovered before starting any portion of the work or operation. 20. 0'Neil shall exercise care to prevent any condition in the �musement ride site which could be interpreted as a nuisance to Como Park and the surrounding coimnunity. 21. In the event of inclement weather, 0'Neil may, with the consent of said Commissioner, close dawn the amusement ride site and remain closed until favorable weather conditions prevail. 22. The costs of all utilities (ga�, water, electricity) used in the amusement ride site shall be paid by 0'Neil. 23. 0'Neil shall provide complete and accurate accountin� -5- _ , records of the amusement ride site in accordance with methods developed by 0'Neil and safd Commissioner �ointly. 24. 0'Neil shall, upoa request of said Commissioner or his agents provide records of all sales, at no cost to the City. 25. 0'Neil shall submit to the Commissioner of Parks and Recreation, with in sixty (60) daqs foll�owing 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 iaformation and be in such £orm as to be acceptable to the City. 7,'he City shall have the right to inspect the books and records of 0`Neil during usua3 business hours. 26. This Agreement maq be terminated upon 60 daqs notice, in writiag, for violation of anq of the provisions of this Agreement. Such notice to be mailed to the other party at his usual place of busineas. -6- , � IN WITNESS WHEREOF, the parties have signed this agreement the day and year first above written. In Presence of: 0' 'NEIL AMUSEMENT COMPANY CITY OF SAINT PAUL Maqor Commissioner of Parks, Recreation, and Public Buildings City Clerk Countersigned: Approved as to form Approved as to form and execution this day of ,1971 Assistant Corporation Counsel Assistant Corporation Counsel _;�- �����Tr��� CITY OF ST. PAUL ��N�,� 253525 OFFICE OF THE CITY CLERK F��E NO COUNCIL RESOLUTION--GENERAL FORM CAMMISSIONER OICTt�� J. TSDBSCQ DATE e�lS,1 s� Z,YZ �BSOLVBD, that t� psvp�s City Oifi�sss a� h�s�� audsosia�d to �nt�r it�o an agrss�rnt �rith hrd C. 0'lieil add Louiss 0'�isil to opssats �! rida in Caw Park fo= the �easa 1972. to ati taalndi.�s 1976. � : _ ' t ; <.;'- . s�;,�-;. q . �: ••�- , ,., . - —. . . _ _. . .. . � ����., "a � . .. � ., . _ _ . ._ �. _._ . _ ..__ ...._.�_. .. _ .. . . _. . � � . . , APR 1318�i1 COUNCII.MEN Adopted by the Counci] 19� Yeas Nays +r ,� Butler _ App�o�APR 131971 19� c��n � . �°�e Tr Favor Charles P. McCarty Meredith ; � �� Sprafka " � . roOAlY1At . . Tedeaco Mr. President, McCart�' `." APR 2 41971 pUBLISHED ��