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03-215Council File # �'�� .Z�S Green Sheet # Z035g Presented By Referred to c:ommiccee: Lar.e 1 WHEREAS, the Taste of Minnesota, produced by the Capitol 2 City Partnership, has long been recognized as one of the most 3 popular festivals in the Upper Midwest, and 4 WHEREAS, City officials invited the Taste of Minnesota to 5 relocate to the Mississippi Riverfront in 2003 and 20�4, 6 specifically to incorporate the festival as part of the Twin 7 Cities Grand Excursion 2004, and 8 WHEREAS, City officials and the Capitol City Partnership 9 have negotiated the attached agreement to formalize their 10 relationship and mutual obligations, and il WHEREAS, the agreement provides that the Capital City 12 Partnership shall at their sole expense compensate the City for 13 agreed upon services related to security, grounds maintenance, 14 and damage related to the festival, now, therefore, be it 15 RESOLVED, that the Saint Paul City Council welcomes the 16 Taste of Minnesota to the City`s xiverfront and authorizes City 17 officials and staff to enter into the attached agreement with the 18 Capitol City Partnership. Requested by: Adopted by Council: Date � ��i�n.�S °?lll/3 Adoption Certified by Council Secretary � Approved /kiy �Iayor: , Date: By: Division of Parks and Recreation � �����2��� Form Approved by City Attorney By: for By: � oa -a�s AGREEMENT THIS AGREEMENT is made beiween the Cify of Saint Paul, by its Division of Parks and Recreation (hereinafter refened to as "City") and the Capital City Pazlnership, a non-profit coiporation re�stered in the State of Ivliunesota, (hereinafter referred to as "Partnership."} WHEREAS, the Partnership wishes to conduct the Taste of Minnesota (hereinafter refened to as the "Event") within the City at facilities including Harriet Island Regional Pazk, Wabasha Freedom Bridge, Kellogg Park and Kellogg Boulevazd in 2003 and 2004. WFIEREAS, in 2004, the.Partnership wishes to conduct additiorial Taste ofMninesota activifies in Rice and Mears parks. WIiEREAS, the City and the Partnership want to facilitate the Taste of Mivnesota to ensure that public participation will be masimized, and that costs, including damage and disruption to City facilifies and the unmediate neighborhood are min;m;zed, and that operation of local businesses are not impaired. NOW TFiEREFORE, it is mutually agreed and understood as follows: I. The City's responsibilities are: A. Review the Parinership's request for a block party permit to use City facilities at Haniet Island Regional Pazk, Wabasha Freedom Bridge, Rice Park (2004), Mears Park (2004) and Kellogg Boulevard for fhe Event to be held during the periods: - in 2003, July 2, 3, 4, 5 and 6. - in 2004, June 30 and July 1, 2, 3, 4 and 5. The Partnership's access to public property not at Harriet Island for the 2003 event is defined in Appendix A. The Partnership and the City will define a similar agreement for the 2004 event no later than January 15, 2004. B. Provide informational assistance to the Partnership up to and during the event, during normal working days and hours at no charge. C. Provide City personnel to assist in plaxiuing the use of City facilities to min;m;ze damage and costs and to monitor activity locations at no charge. D. At the City's option, and.ifpossible without disrupting ongoing City operations, make City employees available during off hours, at the Partnership's sole espense, for cieaning, groundskeeping and security. E. Coordinate any anticipated impact to local parking and traffic. F. Deteimin.e what grass, if any, requires replacement. G. Determine the appropriate level of security needed for Event. O'3 - ��S Taste Agreement - 2003l2004 Page 2 January 31, 2003 H. Determine an adequate amount of time £or set-up and take down related to the event. I. Install a series of gravel bands in the great lawn area of Harriet Island to improve the drainage of surface water. Widen the sidewalks in the great lawn azea of Harriet Island to better facilitate vehiculaz access within the park. K. Relocate those trees currently located on the great lawn that are adjacent to the south sidewalk (azching) in the �eat lawn area of Harriet Island. II. The Partnership's responsibilities are: A. Clean the Event grounds, to include wet street sweeping and the policing of outlying areas, on a daily basis. Finai cleanup by the Partnership will include the Event gounds and the outlying azeas defined on the map attached to this Agreement as E�-lubit A. The Partnership may request the City's assistauce and will pay all the City's costs for rendering such assistance, including personnel time during and after normal working hours according to the terms of I.B. above. The City is not obligated to help the Partnership with its cleanup efforts. The Event grounds shall be returned as nearly as possible to the condirion it was in before the Event. B. Repair any and ali damage to event grounds and adjacent City grounds, buildings, and equipment. City approved arrangements for auy required repairs must be made by July 31 with the repairs to be completed by September 1, in each year of this agreement. " C. Comply with the conditions established as part of the block parly permit, including the following: - Provide emergency and medical help and a medical emergency plan during the Event. - Provide an appropriate number of portable toilets in accordance with plans, during the Event. - Provide adequate personal security and a security plan, in accordance with Police Department, to a11 participants of the Event. This is to include all areas of the Event, its perimeter, and adjouung nei�borhoods. - Provide security for traffic and parking control, including barricades, si�s and personnel duriug the Event. All plans referenced shall he developed in consultation with the City and shall be completed a minimum of 90 days prior to the event. D. Prior to the Event, designate, in writing, a person from the Partnership who will be in charge of the Event and who will be on the premises during the Event. This person will haue authority to close the event. ' ' Taste Agreement - 2003/2004 Page 3 7anuary 31, 2003 E. Fumish the City with copies of all permits and licenses as required by law. b � -��5 F. Furnish the City with copies ofproperry damage and liability uasurance for the Event, its participanfs and appropriate employee, sub-contractor and vendor policies as required in by the City's Risk Manager. Tnsurauce must include coverage for each individual fireworks event as well as other event-sponsored activities that require physical participation by event participants. Insurance limits shall not be less than $1,000,000 for general Event sponsored activities and $3,000,000 for physical pazticipation activifies and fireworks. The "City of Saint Paul" is to be named as other insured on all policies and the City is to be provided a signed original prior to the start of the Event. All signed originals of these policies, nanvug the "City of 5aint Pau1" as other insured must be received one month pzior to the Event. G. The Partnership shall defend, indemnify, and hold the City, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the City, arising fzom the performance of this Agreement by the Partnership or the Parinership's employees, agents or subcontractors. This clause shall not be construed to bar any legal remedies the Partnership may have far the City's failure to fulfill its obligations pursuant to this Contract. H. Develop a plan to address disability concerns. I. Remove and lawfully dispose of all refuse and waste atlributed to the Event. J. Give unmediate written notice to the City of change requests to the Block Pariy Pernvt. No change requests shall be made by the Partnership within two weeks of the begimiing of the Event. The City may reasonably deny any change requests. K. Pay far all utility costs and repairs, including power, sewer, water hookups, telephones and disconnects. L. Pay for a11 materials and supplies over and above normal use by the City, as agreed upon in good faith negotiations between the City and the Partnership; including water, grass, seed, sod and other supplies necessary to restore the grounds aze the Partnership's responsibility. M. All public streets, sidewalks, public accesses, bridges, grounds and in particulaz Wabasha Bridge and Kellogg Boulevazd and their adjoining sidewalks, shall be completely reopened for public use by 7:00 a.m. on the date following the conclusion o£the Event. O. For 2003, the Partnership will adhere to the following daily timetable. Prior to 7anuary 15, 2004, the City and Partnership wiil agree to a similar rimetable far the 2004 event. * On Monday-Thursdays, the event begins at 2:00 p.m. On Friday-Sundays and July 4th, the event begins at 11 a.m. Taste Agreement - 2003/2004 Page 4 7anuary 31, 2003 * Firewozks begin at 10:15 p.m. * Ticket booths close at 10:15 p.m. * Food, beverage and all other booths will end sales at 1035 p.m. * Fireworks end at 10:40 p.m. * The Event concludes when the fireworks conclude. * A security sweep of the Event grounds begins at 11:00 p.m. * A security sweep of the sunounding neighborhood beb ns at 11:15 p.m. o� -a�s The Partnership must set up meetings to ensure the timetable is agreed to by the neighborhood councils and community groups (Capital River Council, West Side Citi2ens Organization, Saint Paul Building Owners & Managers Association, Riverfront Economic Development Association, as presented collectively by representatives of the Partnersbip and City. P The Partnership will assist in dispersing vehicles from outer pazking areas. Q. The Partnership will provide a tow truck to remove parked vehicles that may hinder free flow of traffic. R. The Partnership wi11 provide one free space to an organizafion devoted to drug and alcohol awareness, as agreed to by the Partnership and the City. S. John LaboskyfRon Maddox will be the Partnership's representatives for the Event. Each will have full authorization to insure compliance with this Agreement's and City rules and regulafions. T. The Parhiership shall provide written documentation as to anticipated methods of meeting its responsibilities two weeks prior to the start date. U. The Partnership shall compensate the Ciry for agreed upon services provided by the City and damages caused by the Event. The City shall prepare invoices for payment as follows: i) for services rendered during the Event, the City shall ' submit an invoice to the Partnership on the date following the event for immediate payment on the same da#e; 2) for services and damages not invoiced immediately after the Bvent, the City shall submit an invoice or credit wiUun 14 days followiug the Event. Any additianal monies due as a result of this second invoice shall be paid witivng one week of the date of invoice. This may not be the final invoice, as it may take sometime to evaluate damage. The Partnership will provade complete payment within 30 days of final invoice. Taste Agreement - 2003/2004 03 �a�3 Page 5 January 31, 2003 V. Parinerslup may issue passes for parking in the defined Harriet Island parking azeas. Parinership may not park vehicles outside of these areas, and specifically not on the grass. III. The City mainYains the right to adjust the closing time or cancel the Event if it detenniues that public safety is at risk. The City will notify the Partnership promptly of any such determivation. N. The City maintains the right to audit the books, records, documents and accounting pracrices and procedures of The Partr�ership relevant to this Agreement and such books, records, documents and accounting practices and procedures shall be subject to examination by the City as appropriate for a minimum of six years. V. �. The permit to be provided by the City may be revoked if terms and conditions of this agreement aze not met by the Partnership. This agreement may be amended or canceled only in writing upon mutual agreement by the City and the Partnership. For the Capital City Partuership = �= � �1��� � tc� �. - • For the City of Saint Paul: By: _ Its Mayor Date: By: Its Director of Parks and Recreation Date: By: Its Chief of Police Date: : Its: Date: � � U� By: Its Director ofPublic Warks Date: By: Its Director ofFinancial Services Date: � approved as to form: Assistant City Attorney BY� �/% ��t� �� � ---�� _FROrf : FAX ND. : Jun. 08 2002 02:35PM P2 � ' FE3-1�2003 09=3H b�r � re.�.., _ i�►ste o� irunnes�ia Ama'A+Q �'3"D�- Appcndie A, - Partaers�ip use of non - Hamet IsLqnd puhlic spaczs fa� 2�J03 b�' Y71�Wfl k,.�- Partnership Will iaunch �eworks �son aloca#ionto be agrer� to by tl�e P�'zrsl and Tlic G�`y. 'fhc la-•,atifla s}�all bc cithcr a barge located on fI-ie ;�Iississippi Riv�et oz fi'cm� a� land locatioa on thc r�r�hbanL' (do�vnta��.) of tae river. �sohecrv I�, si_�d - Kaspbe� Island wi17 be t�tili2ed fo?' ma,�ageZ parlan� se�u8 T�z ��. Pa"] Y�t CiuB, Covingtoza Inn, and Uisi Showboat. No pu�lic attxactions/ue is planncd ior Rasp�esy Tsland. Ser.�nd Sseet - S�ond suec� betwe�.^a KeIIQgg xnd the Robe�f S�eet Bridge undarpass will he avai}able to the PaYSAership �om at 6 pse, nu Thiusday, 7v1y 3. 2003 Lhmu� the conelusion of tha ovent. Second strect will be complete3y r�opeued for YraSc na Iate: ihz� 5 am. on MonJay, July 7. ?AO3. WestBaunfl KoIlogg BouI.wazd and Ke11Q� Boulevard Median- Neither wrstbound Keliogg nar che adja�anc me&an berxean Wabasha zud Robert wiIl be made av�labie to the Famzcship_ ThroughouT ihe eveat, Wesi Eound Keliogo wili remain opeato t}5rat�gh tafnc. Fast_Bound tCa toa� . East bound Kn(logg from Waba.sha to �.obest wiii be remaia open co thTOUgh tzaffic throughout the e�ent. The City a*ill "hood" the parl:ing m�ters oa Eest Souad Kellogg and designate their use for tha Pasmership from 5 p,m_ Thursday,lnCy 3, ?Q03, throughoua �e eveiit, North $�,y�{I Wabash� . North bdund YWabasha (bridge deck) 8rnn easE WaYer to Kellagg rvitl be availafzla to the Partnaehip beginaiing af 6 psi, Wednesday July 2, 2002. l�prth baund Wsbasha wiII be coaxpletcly ze.opemed �'or tza�ic no Fazcr thazs 7 a.m, on Nloaday, July 7, 2�a3. Paz4ree; slup u required fo etect a S foot fenca along rhe insid� traffic lauc, in a mannez approved by chc CTty, ih ord� to vse bridge in such a wa5 that pedostcirms w ho allowod in the traff,c lznes. �_B�und Wahasha - S�ufn bound Wahasha (bridge deck) $om esst Waxer to Kellagg witI ha ttvailable to the Partnership beginning at 6 g.m. on Wednesday, Ju!y Z, 2p03. South bo�mc� TCollogg v,nll bs compl�tety re-opened ior heffic no tater than 7 am on Monda3•� July 7, 2003. pedastriazss (evenC atteadeea) shal l not be altawed on South baund Wabaah,a, avd its use shall be limitod ln serviag ss a mute for scs�lce vehic[es, shuztfe�, �nd emergency vehtcles. Citg iater.ds !n u'ork `W�th the Paztnershig to ciase the mazl in such a way that is can be re-opened diuin� ctre masning cornmute, approximatedy 3 am- - 9 am. ���o'� °� W��� �nd-- ��uo3; � I'he Tnterseerion of Wabasha �d Tzetlogg wiII be remain svailabla for throug:n trsffie aa Kellogg in botb dirxfinns throu$houz *he event B�gy Coa*+tv Paz ' z* T.ot- C�ty will make arrsngements wiflt Ramsey County forthe Parmerst�.ip to have access to Rams�y CouuEy pazki.ng 7ots looated befween The railroad trac'ss and 5eco»,d Street for use an eachi�itar parkmg acea Use of the lots rvili be available from 6 p.rn, an ThurscFay, SuIy 3, 26�3 through tha coaclusion of the evcnt. Agreed io as aatencied: � Ron Maddox - d.k.a. Tasts af Mianesofa �������� . �.�. �,• �'��I,.�� . ,, ,�1� ��' . T07,.�.L P.62 DEPAPTMEMpFFICEICOUNCfL Parks and Recreation DATENdIT1ATED � GREEN SHEET 2120/03 � �7 o3-a�s NO. 203599 COMACTPFRSONANDPHONE INfTIAVDATE y � � INRIAVDATE . Mike Hahm 266-6444 � DEPARTMINT OIpECfOR �� 1" 4 cm couNCa ASSIGN NUI.IDEA Wfl ? CRY ATTOfiNEY _CRY CLEFK MUS� BE ON COUNqL AGFNDA BY (DATEI BOUTING ppy�p� _BVOGEf DIflECTOR FIN. & MGT. SERVICES DIR. 3 MAYOR lOfl ASSISfANi7 5 Parks & Recreation - 300 CHA TOTAL C OF SIGNATUflE PAGES � (CLIP ALL LOCATIONS FOR SIGNAiUpEi ACTION REQUESTED: Authorizing City officiafs and City staff to enter into an agreement with the Capitol City PaRnership to conduct the Taste ot Minnesota in 2003 and 2004 at Harriet Island Regiona{ Park and at other downtown and riverfront facilities. RECOMMENDATIONS: Approve W ar Rejec[ (RI __PIANNING fAMMISSION _CNiI SEFNICE C�MMISSION __GBCAMMfITEE _ A 5CAFF _ __DISTRICT COUNCIL _ SUPPOflTS WMICM COUNCiI OBJECTIVE? INITIATING PROBLEM, ISSUE, OPPORTUNITV �Who, What, When, Where, Why): PEHSONAL SEflVICE COPIrFACTS MUSf ANSWEP TXE FOLLOWING QUESTIONS: Has this person/firm ever worke0 untler a comrect 4or this tleO�meM? YES NO Has this person/firm ever besn a cky employae? YES NO Dces this persoNtirm possess a skill not normally Oossassetl by any cu�rent ciry employee? YES NO 6Vlain aq yes answera on aeWrrie sM1ea1 md attach to g�een aY�aet. City officials invited the Taste of Minnesota to relocate to the Mississippi Riverfront in 2003 nc��Q04. The attached agreement formalizes permission to use City facilities and the related responsibiliY �,�tkl �Fie City and the Capitol City Partnership. �� ��`S� �, '�a �� A�VAMAGES IF APPROVEO: The Taste of Minnesota will bring thousands of visitors to the downtown and riverfront in 2003 and 2004. The 2004 Taste of Minnesota will be integrated as major part of the Twin Cities Grand Excursion 2004, which is expected to attract additional visitors to the region. A framework will be established for the City to be compensated for security, damages and other services related to the event. DISADVAMAGES IF APPROVED: N{A DISADVANTAGESIF N07 APPROVED: Loss of above opportunities. TOTALAMOVMOFTWWSACTION S N(A FUNDWG S�VRCE PINANCIAL INFORMATION: (IXPLAIN) � , .. GITY ��TTQRNEY COST/REVENVE BUDGEfED (CIflC1E ONE) ACTIVT' NUMBEN VES NO Capitol City Partnership shall compensate tfie City for agreed upon services provided by the City and damages caused by the event.