04-1120RESOLUTION
Council File # � �{ � � � v�
Green Sheet # 3(�24350
SAINT PAUL, MINNESOTA /3
Presented by
Referred To
Committee Date
1 WIIEREAS, the City of Saint Paul is collaborating with Culture, Incorporated to sponsor an outdoor skating
2 rink at Landmark Plaza from December 2004 - February, 2005; and
3 WHEREAS, Culture Incorporated has agreed to raise funds towards sponsorship of the the activity on the
4 condition that the City of Saint Paul indemnify and hold hannless Culture Incorporated, and
6 WEIEREAS, the Saint Paul City Council finds that the Landmark Plaza outdoor skating rink has a legitimate
7 public purpose in that it will offer outdoor family entertainment to the citizens of Saint Paul and attract visitors to
8 the downtown area; and
9 WHEREAS, the expenditure of public funds, which includes the promise of indemnification and defense,
10 for such a purpose will facilitate and enable the event to take place; now, therefore, be it
11 RESOLVED, that the Council of the City of Saint Paul on behalf of the Ciry of Saint Paul hereby agrees to
12 defend, indemnify, and hold Culture harxnless from any and all damages it may be required to pay as a result of suits,
13 claims, actions, or judgments arising out of the use of the Rink by the public, for injuries arising out of activities
14 connected with such event, but only those activities permitted and consented to by City and Culture, on the
15 scheduled dates between December 1, 2004 and February 20, 2005, and be it
16 FURTHER RESOLVED, that the foregoing defense and indemnification does not cover:
17 1) Any such damages are due to the negligent or criminal acts of Culture, its agents, employees or officers.
18 2) Casualty loss or property damage to the Rink, tent or Zamboni.
19 3) Any occurrences or events which are not part of the activities taking place at the Rink site.
20 4) Actions of third parties, such as vandalism or criminal behavior.
oH� !! �
1 FINALLY RESOLVED, that nothing in the foregoing provisions shall be conshued as a waiver of the
2 municipal tort liability limits set forth in Minn. Stat. §4b6.01 et seq.
3 G:V2ecreation Administtation\WP�I2esolutionsV..andmark Hockey Rink.wpd
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Yeas Nays Absent
Benanav �/
Bostrom ,�
Harris y /
Helgen ✓
Lantry Y
Montgomery �
Thune i/
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11 AdaptedbyCouncil: Date �5��/yj�s� Il�/Jl/.�
12 Ado�
13 By:
l4 App�
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Requested by Department of
Parks and Recrearion
BY � �' /L�'l�-�.�`�—
Form Approved by City Attorney
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� Green Sheet Green
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DepartmeMlofficeiwuncil: Date initiated:
PR ���dRecreation ,��,ov-� Green Sheet NO: 3024350
Conhct Person & Phone: DeoartmeM Serrt To Person Initial/Date
Mike Hahm � 0 r n r ti n
266-6%}44 Asslgn 1 arks and R reation De artment Dir r ��y
Must Be on Council qqenda by (Date): Number y i � e
For
Routing 3 or's ffice or Assis��f
Order 4 uncil
5 �C'itv Clerk C5N Clerk
Total # of Signature Pages _(Clip All Loqtions for Signature)
Action Requested:
Signatures on attached council resolution mdemnifying Culture Inc. related to the outdoor skating rink at Landmark Plaza, December
2004 - Febmary 2005
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission 1, Has this person/firm ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been�a city employee?
Yes No
3. Dces this person�rm passess a skill not normally possessed by any
current city employee?
Yes No
E�cplain aIl yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
City is collaborating with Clilture, Inc. to sponsor an outdoor skating rink at Landmark Plaza from December 2004 - Febrnuy 2005.
Advantages lf Approved:
The citizens of Saint Paul would have the opportunity to skate on a quality ice skating rink in downtown Saint Paul this winTer season.
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DisadvantageslfApproved: �(��� ^ C� Z��y
None
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Disadvanta9es ff Noi Approved:
The citizens of Saint Paui would not have the opporhwity to enjoy and skate on a quality ice skating rink in downtown Saint Paul.
Total Amount of O CasURevenue Budgeted:
Trensaction:
Funding Source: Activity Number:
Financial lnformation: �
(Explain)