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05-285Council File # �_a� Presented By Referred to Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 WHEREAS, the Taste of Minnesota, produced by the Capitol City Partnership, has long been recognized as one of the most popular festivals in the Upper Midwest, and WHEREAS, in 2003 and 2004 the Taste of Minnesota was successfully held on the Mississippi Riverfront, and WHBREAS, City officials and the Capitol City Partnership wish to negotiate an agreement to formalize Cheir relationship and mutual obligations for the 2005 and 2006 festivals, and WHEREAS, the agreement provides that the Capital City Partnership sha11 at their sole expense compensate the City for agreed upon services related to security, grounds maintenance, and damage related to the festival, now, therefore, be it 13 RESOLVED, that the Saint Paul City Council authorizes City 14 o£ficials and staff to enter into agreement with the Capitol City 15 Partnership. �r I Yeas Nays � Absent Benanav_ �/ I I o�l ✓ I I Harris � � Lan ��I � �le� )� � RESOLUTION CfTY OF SAINT PAUL, MINNESOTA Green Sfieet # 3025799 2� • � Adopted by Council: Date .�Dn ��v, a�U� Ado By App By: Requested by: Division of Parks and Recreation �l�B �?�-�ti��� Form Approved by City Attorney ,''�. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ' DepartmenUoffice/council: ; Date Initiated: i � ��� ; pR — YazksandRecreation �,�-�-05 I Green Sheet NO: 30257J9 � Cotrtact Person & Phone: ! Unce Gillespie 266-6408 on Council Agenda ueoarunen[ �encio rerson �muauvn�e 0 arks apd Recreaaon ! �� a 1 arksandResreation I DeoartmentD'rector iI�[(�. �_.✓�� 2 'rv Att I fiN AttomevlAssistan I 3 avoc's Ofice l MaVOr/Assistant 4 ouncil � Citv Council 5 arks and Recreation � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locatio� tor Signature) Action Requested: � Authorize City Officials and staff to enter into an agreement with the Capital City Partnership to conduct the Taste of Minnesota at Harriet Island Regional Pazk, Wabasha Bridge, Kellogg Boulevazd in 2005 with an option to conduct the event in 2006. idatlons: Approve (A) or R Planning Commission CIB Committee Civil Sewice Cammission Pef50na1 50rvICR GOnLfBCiS MlISt AIISW6� IDB 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Does this person/firm possess a ski11 noi normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and atWch to green sheet Initiating Problem, Issues, Opportunity (Whq What, When, Where, Why): I The previous agreemern with the Capital City Parmership to conduct the Taste of Minnesota has expued. A new agreement should be � executed. The attaehed agieement formalizes pernussion to use City facilities and the related responsibiliries of both the City and the I Capital City Parhiership. ; AtivanWges If Approved: The Taste of Minnesota will bring thousands of visitors to the downTown and riverfront in 2005 and 2006 for a fanuly orierned celebration. �'1�r.c= s��� j Disadvantapes If Approved: + None � I �� �� ��S33rC� C��n!¢� �I/'4� �*�t` , ;�"��tt Disadvanqqes If Not Approved: Taste of Minnesota event would not be available to Saint Paul sesidents and visitoTS. �,� ���� ��� V• �Transaction: � FundinA Source: MAR 2 5 2005 CosURevenue Budgeted: Activitv Number. �' ; ' Si Financial Information: Capital City Partnership shall compensate the City for agreed upon services provided by the City and damages � (Exp�ain) caused by the event. ; „� � � � ROUYING ORDER: Belowarcconectroutingsfortfiesucmostfrequenttypesofdoeiffients. � „ CO23TRACTS asswaesautLonzed,bud ezfists , COUNCILRESOLiTi'ION amendb �t C , , &?� , ) � . , , C , udSats/acceP 8rants) `, , , �1. Outside�Agencp , � � � 1 Depattment�Dsector � ' � � 2:, DepachnentDirec;tor 2. OfliceoEF�uanciai Serv4cesDuecfor . 3. GityAttomeyr '� � , � � � 3 CiLy�Atkora� � � � � 4. Mayor/Ass`sstant �for conhacts'over $25,000} � 4 IvTayoilAssFsf�t � �� � � � � 5. E�imm�anR'ights�(for�cqnt�actsover$SE1,000) ' � 5., CitpEoi�ibiI� � � � � � � � 6'. Office ofF'wancial Services -Accoimting ; 6 Office ofFinanciaT Services.- Aa:oimting , ADMINISTRATTVE ORDERS (BndgetRevision) GOi7NC1LRE$OLi]TION(ail others and Oidinances) ,' 1: Activitplvf�egerosDepaciment'Accountant I DeparlmenfiJirecfor 2- Depafinent,Director' , 2 Cit}*'Attomey, ' � � 3.,0$'iceofiFinancialSuvicesD'uector' � � g. IvTayos/pca�r�r ' � ,� ” � � 4. City Cleck � 4- c�Ey Caimcil � � � �� 5. �O�ce afFinsucial'.Services - Accoffiting � ADM[NII$TRATTVE ORI)ERS (all othecs) ,,' E�CUIT�E ORDER' , �� 1.'17eEartmentDirector � � � I. DepaitinentDirector ` � � � � 4. � Clerkmanciai cesDuector 4 M yor� ' �� ze�` , ��� �� � s�' ' � �s�,srsac` ' � � � , � � ' � � �� � „ TOTAL I3UMBIIt OF SIC:I�IATURE PAGES � � , . 3ndicate the # of pages on which signatures aze reqwred and paperchp or, ,t7ag,each'of these pages. ' „ ' � ACT[ONREQUESTID. Descn�be wbst the P%}ec?/re4uest seeks ta eccompIish in eithecchronological?ocder or 'vr3er of imponkance wftichever is mos[appropnaTefor - � � 9� � ' ' Do uot write complefie seu�ces. � Begra�c§�rtem iuyo�}tst wat�c'a berb. �COIv1MENDATfONS� � � � � � � � � � � �� � � � �� " � ' Complete if tLe issue in questionhas been presented before any'body, pubfic or privafe.' ' ' � PERSONAL SF�RVICE CONTSACTS: ' � � � � � � � � � � � " ' be used to �1P+ _-- , n� - .ab . or workers compensation el ' and proper civil � This infoemahonwtll the crtp's k ilrtpf , suns, taxes � s�vicahicing�nites: � � � � � � ' � � INTI7ATINCzPRO$LEIv�,IS$UE OPPORT[7NITY F�cplsinihesidrationozconditions,tfiatcreatedgneedforyotsprojectorreguest I. EI , � � � � � �� � � � � � ADYANPAGES IF APPROVID � � � � � , � � , . Indicate w}iefher tliis is gim�ly en annual budget pxoced�e regwred bp law/¢Eiacter or whetfierthere aze specific ways in -, . a�hicfrfhe Cify of Saint Pant end its eitiz.ens wi[I benefit from tiiis pFOject/acfion. DLSADVAiy'PACESIFAPPR(3VF.D' , Whatnegative �ects drma.l� �?�S?� m ��� � P�PE�� �8bt �Prol�,e4��PFOduce �f rt �s pa�ed , , � �(e.g�,traffie'delays,���setimcit�eases�'es�ts)?'Lo'wfiom � � DISADVANPAGESIFNOT'APPR0�7ED, , � Wli'�'w�Ytiethenegatioeconsequences'ifthepromisedachonisaotapproved7luandiLytode3i,cerserviceT Gaahnue ,,, high'traffiq�noise,aa3dentrsse2 Lossbfrevenue7 � � � � , � „ FINAf3C�laI.IIvIPACF' � � � � � - � � AIthonghyoa must tailor the mfotmation you proyide here td ihe°issue you ace add�essiug, ui generaiyomm�st �swer ', � �rivo ons; How'mucfi is it� � � to Wfio�is i� to � � � � ' � � � � � � � 4aesh' 8amg cost� 8� $�,� � ,. � � � „ „ „ � � � � � � � � ,� , , �� � � �� ' + � ., . „ „ � „ . r ...�I�. ,rc ���r��',�u �. �,��m� .'Re �Ur�,� r +., Y�,'.�r'�n.. , r _ yCt3.i��T1�`��1 THIS AGREEMENT is made between the City of Saint Paul, by its Division of Parks and Recreation (hereinafter referred to as "City") and the Capital City Partnership, a non-profit corporation registered in the State of Minnesota, (hereinafter refened to as "Partnership.") t�,-ag WFIEREAS, the Partnership wishes to conduct the Taste of Minnesota (hereinafter referred to as the "EvenY') within the City at facilities including Harriet Island Regional Park, Wabasha Freedom Bridge, Kellogg Park and Kellogg Boulevazd in 2005 with an option to conduct the event in 2006. WHEREAS, in 2005 and 200b, the Partnership wishes to conduct additional Taste of Minnesota activities in Rice and Meazs parks. WI�REAS, the City and the Partnership want to facilitate the Taste of Minnesota to ensure that public participation will be masimized, and that costs, including damage and disruption to City facilities and the immediate neighborhood are minimized, and that operation of local businesses aze not 'vnpaired. NOW THEREFORE, it is mutuaily agreed and understood as follows: I. The Caty's responsibilities are: A. Review the Partnership's request for a block party permit to use City facilities at Harriet Island Regional Pazk, Wabasha Freedom Bridge, Rice Park, Mears Park and Kellogg Boulevard for the Event to be held Thursday through Monday(2005) or Tuesday(2006), during the periods: - in 2005, June 30, July 1, 2, 3 and 4. Wabasha Freedom Bridge will be availabie at 7 p.m. Wednesday June 29. - in 2006, 3une 29, 30 and 3uly 1, 2, 3 and 4. Wabasha Freedom Bridge will be available at 7 p.m. Wednesday June 28. The Parinership and the City will define an agreement similaz to the attached example (appendix A) outiining specific access to public property not at Harriet Island for the 2405 event no later than January 31, 2005. B. Provide informational assistance to the Parhiership up to and during the event, during normal working days and hours at no chazge. C. Provide City personnel to assist in planning the use of City facilities to minimize damage and costs and to monitar activity locations at no charge. A. The City and Partnership shall jointly decide if it is deemed necessary and if possible without disrupting ongoing City operations, to make City employees available during offhours, at the Partnership's sole expense, for cleaning, groundskeeping and securiry. E. Coordinate any anticipated impact to local parking and traffic. F. Determine what grass, if any, requires replacement. G. Determine the appropriate level of securiry needed for Event. Taste Agreement - 2005 �'oZ� Page 2 H. Determine an adequate amount of time for set-up and take down related to the event. L Maintain a series of gravei bands in the gteat lawn area of Harriet Island to improve the drainage of surface water. J. Widen the sidewalks in the gzeat lawn area of Harriet Isiand to better facilitate vehicular access within the park. II. The Partnership's responsibilities aze: A. Clean the Event grounds, to inciude wet street sweeping and the policing of outlying areas, on a daily basis. Final cleanup by the Partnership will include the Event grounds and the outlying areas defined on the map attached to this Agreement as Eachibit A. The Partnership may request the City's assistance and will pay all the Ciry's costs for rendering such assistance, including personnel time during and after normal warking hours according to the terms of I.B. above. The Ciry is not obligated to heip the Partnership with its cleanup efforts. The Event grounds shall be returned as nearly as possible to the condition it was in before the Event. B. Repair any and all damage to event grounds and adjacent City grounds, buildings, and equipment. City approved arrangements for any required repairs must be made by July 26 with the repairs to be completed by September 1, in each year of this agreement. C. Comply with the conditions estabiished as part of the block party 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 adjoining neighborhoods. - Provide securiry for trafFc and parking control, including barricades, sia s and personnel during the Event. All plans referenced shall be developed in consultation with the City and shall be completed a minimum of 94 days prior to the event. D. Prior to the Event, designate, in writing, a person from the Partnership who will be in chazge of the Event and who wi11 be on the premises during the Event. This person will have authority to close the event. E. Furnish the City with copies of all permits and licenses as required by law. 05•��5 Taste Agreement - 2005 Page 3 F. Furnish the City with copies of property damage and liability insurance for the Event, its participants and appropriate employee, sub-contractor and vendor policies as required in by the City's Risk Manager. Insurance must include coverage for each individual fireworks event as weli as other event-sponsored activiries 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 participation activities 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, naming the "City of Saint Paul" as other insured must be received one month prior to the Event. G. The Partnership shall defend, indemnify, and hoid the City, its representatives and employees, hannless from any and all claims or causes of action, including all attorneys' fees incurred by the City, arising from the negllgentperformance of this Agreement by the Partnership or the Partnership'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 fulfili its obligations pursuant to this Contract. H. Develop a plan to address disability concerns. Develop a comprehensive shuttle plan to address access concerns. I. Remove and lawfully dispose of all refuse and waste attributed to the Event. J. Give unmediate written notice to the City of change requests to the Block Party Permit. No change requests shall be made by the Partnership within two weeks of the beginning of the Event. The City may reasonabiy deny any change requests. K. Pay for all utility costs and repairs, including power, sewer, water hookups, telephones and disconnects. L. Pay for all materiais and supplies over and above normal use by the City, as agreed upon in good faith negotiations betrveen the City and the Partnership; including water, grass, seed, sod and other supplies necessary to restore the grounds aze the Partnership's responsibility. M. A11 public streets, sidewaiks, public accesses, bridges, grounds and in particular Wabasha Bridge and Kellogg Boulevard and their adjoining sidewalks, shall be completely reopened for pubiic use by 7:00 a.m. on the date following the conclusaon of the Event bs-a$5 Taste Agreement - 2005 Page 4 O. For 2405, the Partnership will adhere to the following daily tunetable. In the event that the Partnership desires to exercise the 20d6 option, prior to January i�, 2006, the City and Partnership will agree to a similar timetable for the 2006 event. '� The event begins at 11 a.m. daily * Fireworks begin at 10:15 p.m. * Ticket booths close at 10:15 p.m. * Food, beverage and al] 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 1 I:00 pm. �' A security sweep of the surrounding neighborhood begins at ll:15 pm. 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 Citizens Oraanization, Saint Paul Building Owners & Managers Association, Riverfront Economic Aevelopment Association, as presented collectively by representatives of the Partnership and City. P The Partnership will assist in dispersing vehicles from outes parking areas. Q. The Partnership will pxovide a tow truck to remove parked vehicles that may hinder free flow of traffic. R. The Partnership will provide one free space to an organization devoted to drug and alcohol awareness, as agreed to by the Partnership and the City. S. Tohn Labosky/Ron Maddox will be the Partnership's representafives for the Event. Each will have full authorization to insure compliance with this Agreement's and City rules and regulations. T. The Parinership shall provide written documentation as to anticipated methods of meeting its responsibilities two weeks prior to the start date. �-�.85 Taste Agreement - 2005 Page 5 U. Tbe Partnerslup shall compensate the City for agreed upon services provided by the City and damages caused by the Event. The City shall prepaze invoices for payment as fo]lows: 1) for services rendered during the Event, the City shall submit an invoice to the Parmerskup on the date following the event for immediate payment on the same date; 2) for services and damages not invoiced immediately after the Event, the City shall submit an invoice or credit within 14 days following the Event. Any additional monies due as a result of this sewnd invoice sha11 be paid withing 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 provide complete payment within 30 days of final invoice. V. Partnership may issue passes for pazking in the defined Harriet Island parking areas. Partnership may not park vehicles outside of fhese azeas, and specifically not on the grass. III_ Pazagraph VI notwithstanding, the City maintains the right to adjust the closing rime or cancel the Event if it determanes that public safery is at risk. The City wi11 notify the Partnership promptly of any such determination. IV. The City maintains the right to audit the books, records, documents and accounting practices and procedures of The Partnership relevant to this Agreement and such books, records, documents and accounring practices and procedures shall be subject to exasnination by the City as appropriate for a minimum of six yeazs. V. Paragraph VI notwithstanding, the permit to be provided by the City may be revoked if terms and condifions of this agreement are not met by the Partnership. t�5-a� Taste Agreement - 2005 Page 6 VI. 'I`his agreement may be amended or canceled only in writing upon mutual agreement by the City and the Partnership. For the Capital City Partnership � Its: Date: For the City of Saint Paul: By: _ Its Mayor Date: By: Its Director of Parks and Recreation Date: By: Its Chief of Police : Its: Ci <� By: Its Director of Public Works Date: BY= Its Direcwr of Financial Services Date: approved as to form: Assistant City Attorney Date: By: