05-500Council File # �' �
Green Sheet # c� DO� �� S�
RESOLUTION
CITY OF SAINT/�AUL, MINNESOTA
�D
PRESENTED BY
REFEiutEn TO
CO1�iD�TTEE] DATE
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RESOLVED, the Saint Paul City Council hereby approves the attached agreement to
lease space at the University of Saint Thomas for the diversity training program; and be it
FURTHER RESOLVED, that the City Council authorizes the proper City officials to
enter into tYus agreement.
Adopted by Council:
Adoption Certi#i�d
Approved
Date ��p,i,{'l,? O ���5
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by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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� Departmenf/office/counciL• Date Initiated: v � �
_ Hu -H,�� 3,-�,�,Y-05 Green Sheet NO: 3026651
' Confad Person 8 Pho�- �eoartrneM SeM To Person InitiaVDate
� Mgela Naleafy � 0 uman arces H msn R rces �___
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Must Be on Council Agenda by (Date): Number 2 ¢
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" Tofal # of Signature Pages _(Clip All Locations for Signature)
Aetion Requested:
To approve a lease with the University of Saint Thomas to use their facility for diversiry haining.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission
1. Has this personffirm ever worked under a contrac[ for this department?
CIB Committee , Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
. - 3. Does this persoNfirm possess a skill not normally possessed by any
, current city employee? -
Yes No
' Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): �.
Need a theatei venue for presentarion of diveristy training program
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k;����� AdvantapeslfApproved: ,
City employees receive diversity training.
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� ` Disadvantages if Approved:
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�-, � Disadvantages If Not Approved: ` •
City employees do not receive diversity 4aining.
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�'�°.` Total Amount of - . CasNRevenue Budgeted:
�- Trensaction:
�� Funding Source: ActivitV Number. QO I(� S„ %� a I I
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' Financiallnformation: '
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Office of Facilities Schedulmg
Mail #4076
2115 SumimtAvenue
Samt Paul, MN 55105
Tlvs license is entered into as of the 22 day of April 2005, by and between the UniversiTy of SL Thoirms, a Minnesota
non-pro£t coiporarioa ("US7'� and the Licensee. The identiTy of the Licensee, certain other defined terms and other
infonnation is set forth below_
1. NAME OF LICENSEE
ORGANIZATION:
REPRESENTATNE:
ADDRESS:
CTI'Y, STATE, ZIP:
TELEPHONE:
EVENT DATES:
City of St Paul
Auman Resource Office
Angela Nalezny
400 City Hall Annex
25 West 4"' Street
Saint Paul, MN 55102
651-266-6483
June7,8,&9,2005
2. DESCWPTION OF EVENT: Diversity Performance(s) tor City Employees
3. HOUSING:
Not Applicable
4. OTHER FACILITIES: UST agrees to pernrit Licensee to use the meeting and other faciliaes described below
but only during the times designa[ed therein. The cost to use [he facilities described below is included in the
License Fee.
• O'Shaughnessy Education Cen[er Auditorium
• O'Shaughnessy Educa[ion Center Auditorium
• O'Shaughnessy Edacation Center Auditorivm
• Event Manager for each performance
June 7, 2005 6:00 AM — 10:00 PM
June 8, 2005 8:OQ AM — 10:00 PM
June 9, 2005 8_00 AM — 6:00 PM
UST agrees to provide the following additional services at Licensee's request on an "as available" basis for an additional
charge:
• Audiovisual equipment (Video projection, overhead projector, microphones, etc_)
• Rentat Equipment (additional tables, chairs, ten[s, staging, etc.)
Licensee agrees to provide UST with su�cient advance no[ice if such additional services aze desired.
5. LICENSE FEE: Licensee agrees to pay UST the siun of $3,600.00 and for a License Fee for the use of the
O[her Facilities desrnbed above (hereinaher "Licensed Facilities'�, payable as foItows:
A non-refundable deposit of $1,800 is due at the time of signing this License Agreement.
Balance invoiced afler Ihe EVENT with 30 days net terms. /`( ��
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�•50�
6. FpOD SERVICE: All food served on the UST campus must be provided by the IJST Food Service Office. No
outside catering andlor food items may be served during the Event withovt written autLorization from
t6e Director of Food Services at UST (651-962-6066). Lessee will provide guazanteed mmibexs for food
service no later than fifteen ( I S) days prior to the date of co�nencement of the Event
CAIVCELLAT'ION: Licensee may cancel this agreement at any time prior to 60 days prior to the
commencement of the Event by giving written notice of cancellation to UST'. If Licensee cancels this ageement
as provided herem, Licensee shall forfeit all s�uns paid to the date of cancel]ation. UST may cancel this
agreement at any time should unforeseen emergencies occur which make it inadvisable, ilIegal, or iuq�oss�ble for
Licensee to occupy ceztain faci&ties. 1fUST cancels this agreement due ro unforeseen eirxrgencies, UST sLall
give prompt notice oS the cancellarion to Licensee and UST shall rehun all sums paid by Licensee. If Llcensee
fails to adhere to any of the terms and condirions sef forth in tivs agreement, UST reserves the right to cancel
this agreement by giving written norice thereof to Licensee.
S. USE: Licensee shall use the Licensed Facilities for the Event, and for no other pwpose. Licensee shalI not
violate any laws and/or ordmances applicable to the use of the Licensed Facilities, and shall not suffer airy waste
on the Licensed Faciliries, or use the Licensed Facilities in a manner which would consYitute a public or private
nuisance or which may be dangerous to person or property. UST shall have access to the Licensed Facilities
throughout the duration of the Event as may be necessazy in order for UST to use its adjoining properties, and as
may be necessary to assure com�liance with this License. US"I' makes no representations or warraaties
iegarding whether the Licensed Facilities comply with the Amezicans With Disabitities Act (USCS § 32171 et
seg.) or [he Minneso[a Human Rights Act (Minn. Stat § 363.01 et seq.). Licensee accepts the Licensed
Facilities in theu curren[ condition. UST shall not be liab2e for any claims made by Licensee's employees,
agents, invitees or o[her individuais participating in the Even[ under the Americans With DisabiIities Act or the
Minnesota Human Rights Act regazding access�biliTy of the Licensed Facilities, and Licensee agrees to defend
and indemnify UST against any such cIaims.
9. DAMAGE: Licensee shall be liable for any damage to t6e Licensed Facilities or pmperty iherein which may be
caused by any acf or neg]igence of Licensee, i[s employees, agents, invitees, and other individuals using the
Licensed Facilities with its consent, and UST may, at its option, repair such damage, and Licensee agrees to
reimburse and comgensate UST as additional charges for the reasonable wst of such repau or damage, within
five (5) days of receiving a sta[ement by UST for the same.
10. INSUI2ANCE: L�censee, at its own expense, shall obtain even[ or general liability insurance coverage for the
Licensed Facilities and its use of such Licensed Facilities in such amount of $2,000,000.00 or such oiher amount
as reasonabiy determined by UST.and shall deliver [o UST within five (S) days of the date hereof a certificate of
insurance naming UST as additional insured and providing UST with thirty (30) days notice prior to canceila[ion
of such policy. UST shaFl be named as additional insured and policyholder on that policy.
11. WAIVER: Licensee, on behalf of itself, ifs employees, agents, utvitees, and other individuals using the Licensed
Facilities with its consent, hereby waives any and all claims of liabitity against UST for any damage or injury to
the person or property of UST, its empioyees, agents, invitees, and other individuals using the Licensed
Facilities with its consent, or for the loss or damage by theR or from any other cause whatsoever.
I2. INDEMNIF'ICATION: The Licensee agrees that alI participants and guests using the Licensed Facilities are
under the d'uect and complete supervision and control of the Licensee. AII UST regulations will be adhered to
and enforced by the Event leaders. The Licensee and the unde�igned individual sha11 be liable for alI damages
resulring from the Event and iES participants' and guesu' utilization of the Licensed Fac�7ities and services
provided by US"F. The Licensee and [he �mdersigned individual personalIy agree to reunburse UST for aIl
damages to faci3ities and services caused by the Event or its participants or guests. The Licensee and the
undersigned individual shall defend, indemnify and hold hamiless UST from and against any and all claims of
loss, injury, oc damage to persons and/or properiy arising out of the activities during or in connecrion with the
Even[, including, but not lirnited to, reasonable attomeys fees incurred by the UST. UST assmnes no Iiabi]iTy
for any proper[y placed or 2eft by the Licensee or its participants or guests at fhe UST campus.
13. ASSIGN?.BILITY: Licensee may not sublet any portion of the Licensed Facilities or assign, mortgage,
e�umbez, or otherwise hansfes this License without ihe prior written consent of UST. .Any consent by UST
Initials of Lessee _�—k3J
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shall not constitute a waiver of fhis provision for any fuiwe assignment, encnmbrence, subtease or hansfer nor
shall it constitute a release of Licensee from its obligations imder this License.
I4. SMOHING AND ALCOHOL: Smolang is not permitted within the Licensed Facilities. I3o alcoholic
beverages sha11 be stored, possessed or consuuied on tfie Licensed Facitities, or anywhere on UST's ca�us,
without prior written consent of UST, wIucfi consent may be withheld in the sole discrction of UST. If Licensee
or its employees, agents, mvitees, and other individuals using the Licensed fac�7ities desire to serve, possess or
consume alcoholic beveiages on the Licensed Facitities, Licensee nnust submit a copy of a Request [o
Serve/Use A►coholic Beverages Form to UST at leasi 30 days prior to the commencement of the Eveni.
Individuals possessing aadlor consuming alcoholic beverages on US1's campus mast be twentp-one (21)
years of age or older. Copies of the Request to ServeNse Alcobolic Bevernges Focm aze available by
contactmg the Office of Facilities Scheduling at 651-962-6670.
15. ADVERTISEMENTS: The nazne of the Universiry of St. Thomas, as well as any written or pictorial reference
to the University of St_ Thomas, shall not be used to either direcfly or indiceedy suggest co-sponsorship oi
endorsement of any activiry or product withou[ prior written approvaI from UST.
I 6. APPLICABLE LAW: The law of the staie of Minnesota shall govem the terms of Uus License. If any portion
of this License or the application thereof shall be deemed invalid and unenforceable, the remainder of tivs
License shall not be affected and shall remain valid and enforceable. Time is of the esse�e in this License_
17. ENTIRE AGREEMENT: This document consti[utes the complete agreement beriveen Licensee and UST and
no amendment to this License shali be valid unless in writing and executed by both Licensee and UST. Failure
to return a signed copy of ttds License with any required deposits by May 13, 2005 may void Uus agreement at
the discretion ofUST. .
18. SUCCESSORS: This License and the covenants and conditions contairnd herein shalI inure to the benefit of
and be binding upon Licensee and UST and their respective heus, executors, administrators, successors and
assigns.
19. ATTORNEYS FEES AND EXPEYSES: If either party shall bring an action related to this License against the
other, the prevailing party in any litiga[ion shall be entit3ed to recover from the other its reasonable costs and
expenses, including reasonable attorneys' fees in connection with such actions.
20. AUTHORI7'Y: Each person signing this License warrants and represents that he or she has been duly
authorized and acts on beha]f of Licensee or UST, as applicable.
IIV THE WITNESS WHEREOF, Licensee and Licensor execute this License on Apri122, 2005:
LICENSEE:
City of Saint Paul
Saint Paul, Minnesota
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UST:
Unaversity of St. Thomas
Saint Paui, Minnesota
By: Daniel J. Taylor
Dir tor o Conference & Event Services
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Date: ' S /°�'3 d.�
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Initials of Lessee �
MAY-24-20a5 12�10 UNIVERSITY OF ST TH0�9A5 512 '�62 5360 P.02i02
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ST.THO
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EVENT DATE/S
BILLTNG NAME
EVENT LOCATION
EVENT CONTACT
BILLING ADDRESS
PACILITIES FEE
Invoice
Office ofFaciliries Scheduling
2115 Summit Avenue
LSaiI n4076
Saint Paul_ MN 55105
7une 7, $, 9, 2005
City of Saint Yaul
OEC Auditor.um
$oNitta Mahe
651-266-6525
40� City Hall Annex
25 West 4�' Street
Saint Paul, MN 55102
$ 3,600.00
FOOD SERVICE FEE � No
HOUSING FEE
A/V PB�
MISCELLANEOUS
N/A
�
DAMAGE DEPOSIT � None Received
BALANCE DUE
Account # 54130-Sg401
Fund: 12 Progtam:45
Accounc# S1054-58101
Fund: 12 Pro�ram:40
Account �
Pund: 12 Program 40
Account# 40410-58509
Fund: 12 Proaram:45
Account# 54]30-�8401
Fund:l2 Froeram:45
T�]TPL P.02
P.02
OFFICE OF HUMAN RESOURCES
Angela S Ntrlevry, Director
CITY OF SAINT PAUL
Randy%Qy, Mtryor
May 27, 2005
University of St. Thomas
Attn: Dan Taylor
Dear Mr. Taylor:
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I:i(y��\`J:Cd:l�l�� Y
400 Ciry Ha[! Annez
25 West Fourth Sueet
Soin1 P¢u1 MN SS102-I631
Telephone: 651-2666500
Facsimile: 651-26G8886
The City is self-insured for all claims arising from its operation as a political subdivision of
the State of Minnesota for which it is legaily liable. This legal liability is restricted to
5300,000 per claim/S1,000,000 per occurrence by Minnesota Statute 466.04. This self-
insurance applies to any location where City activities or City employees are or operate.
The City is self-insured against all claims arising from its activities as a political subdivision
of the State of Minnesota and for which it is or may be found legally liable, including the
ownership and operation of automobiles. As an authorized self-insured no fault reparation
obligor, the City provides only those coverages required by the No Fault Act, and only at
the statutory minimums.
The City is self-insured for all claims arising from its operation as a politicai subdivision of
the State of Minnesota for which it is legally liable under Minnesota Statute 176 regarding
workers compensation. Minnesota Statute 176.181 authorizes the City to seif-insure. The
City purchases reinsurance from the Minnesota Workers Compensation Reinsurance
Association (WCRA). The 2005 retention limit is $760,000 which is adjusted annually by
the WCRA.
If you have any questions, piease contact me at 651-266-8887.
Sincerely,
Sandra Bodensteiner
Claims Manager
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AA-ADA-EEO Employer