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04-601Council FYIe # ' �Q, Presented Referred To Green Sheet # ^ 0 I 7 0 t� RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee Date 1 WHEREAS, the City of Saint Paul is sponsoring the Star of the North games in June, 2004; and 2 WHEREAS, Saint Bernards Church and School is providing the use of their gymnasium for the Star of the North 3 Games, and is willing to pernut the use of the Saint Bernards High School gymnasium for such an event on the condition that 4 the City of Saint Paul indemnify and hold harmless Saint $emards Church and School; and WHEREAS, the Saint Paul City Council finds that the Staz of the North games has a legitimate public purpose; and 6 WHEREAS, the expendihue of public funds, which includes the promise of indemnification and defense, for such 7 a purpose will facilitate and enable the events to take place; now, therefore, be it 8 RESOLVED, that the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, 9 indemnify and hold St Bernards Church and School harmless from any and all damages it may be required to pay as a result 10 of suits, claims, actions, or judgments arising out of the participation by the Star of the North games at St Bemards Church 11 and School on scheduled dates between June 18 - 27, 2004, for injuries arising out of activities connected with such event, 12 but only those activities permitted and consented to by St. Bemards Church and School; and be it 13 FURTHER RESOLVED, that the foregoing defense and indemnification does noY cover: 14 1) Casualty loss or property damage to Saint Bernards Chwch and School property or damage to cars parked in the 15 parldng lot. 16 2) Any occurrences or events which are not part of the Star of the North games and which do not occur or take place 17 at the Saint Bernards Church and School property during the course of the Staz of the North games. 18 3) Injuries or damages which arise from hidden traps or conditions existing on the gounds and properiy of Saint 19 Bernards Church and School of which Saint Bernards Church and School had actual or constructive notice. 20 4) Injuries which arise out of criminal actions, assaults, batteries or other acts of violence committed by person or 21 persons; and be it ON,- (�01 1 FINALLY RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver of the municipal tort liability 2]imits set forth in Minn. Stat. §466.01 et seq. 3 4 5 6 7 g 9 Yeas Nays Absent Benanav J Bostrom � Harris � Helgen ,i Lantry ,/ Montgomery v Thune � � � 10 Adopted by Council: Date �/ /�y]� /� � ��jJj�� 11 Ado� 12 By: 13 App� 14 By: Requested by Department of: /' r l f � ! i 1 �• Form Approved by City Attomey BY� �-�/1hAvu�1� U � --� � 2 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef� --�------.._ _..._. ---.._... PR �azksandRecr�ion 1gMAY-04 GCeell Sheet . � 7 Contact Person 8 Phone: Ruth Schumi 266-6432 Must Be on Council Agenda by � Assign Num6er For Routing Order UOpartment aent �orerson �moavuaie 0 arksandRecreation � J � 1 arks and Recreation � DenartmentDirector I�17 j`- ' 2 �'tv Attome � 3 vor's OR"ce � �3avor/Assistant 4 ouncil 5 i Clerk CiN Clerk 7ota1 # of Signature Pages _(Clip All Loptions for Signature) Action Requested: , Approve resolurion holding Saint Bernazds Church and School harniless for the City of Saint Paul Pazks and Recreation use of theu ' school gymnasium for the Srar of the North Games in June, 2004. rce�vmuro�wauuns: Nypiuve �raJ u� ne�eu �ry. Planning Commission CIB Committee Civil Service Commission CosURevenue Budgeted: Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): '',. The City of Saint Paul provides a variety of reczearional activi6es including special events. The Star of the North games is planned for , June, 2004 in Saint Paul and games witl be held at the Saint Bemards School gymnasium if the City holds Saint Bemards Chwch and School hazmless. AdvanWpes If Approved: ' m The City will be allowed to use the Saint Bernazds School gynuiasium for the Star of the North games. DisativanWqes If Approved: None �"1�1`i 2 � 2(�04 Disadvanqqes If Not Approved: The City would have to find another location for the basketball and volleyball. Saint Bernazds also benefits as part of an ageemevT for Saint Bemards Elementary and High School use of Saint Paul Pazks and RecreaUOn faciliries. 'otal Amount of � Trensaction: Fundinq Source: Pi nancial Information: ; (Explain) Answer the hollowmg CZUest�ons: 1. Has fhis person/firm ever worked under a cont2ct for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does fhis persoNfirm passess a skill not nortnally possessed by any wrrent city empioyee? Yes No 6cplain a!I yes answers o» separate sheet and attach to green sheel Activity Number. ' "' �¢'�� ,�� ;�`, r