06-659COUNCIL FILE #:�/ —�.j� '
GREEN SHEETK: 3031302
Aesolution
WHEREAS, Wagner Spray Tech Inc has offered to sponsor a graffiri eliminarion program in City pazks and recreationa]
spaces; arid
7 WI�REAS, Parks azid Recreation wishes to accept this generous sponsorsMp in accordance with the agreement laziguage
8 outlined in the hereto attached E�ibit "A' ; and
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10 VJHEREAS, over the tiuee yeaz life of the agteement W agner wi➢ provide an annual financial contribution in the amount of
i l $9,000; and
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13
lA
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WHEREAS, it �s the desire of Parks and Recreation to establish a financing and spending budget for said $9,000; a�d
WHEREAS, the Mayor, p�vsuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are
available for appropriation, funds of $9,000 in excess of those es[imated in the 2006 budget; end
18 WHEREAS, the Mayor recommends that the following additions be made to the 2006 budget:
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20 CURRENT
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31
32
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FINANCING PLAN:
001 - Specia] Recreation Activities Fund
03102 - Recreation Service Area One - Specialist
6905 - Contribut�ons a�d Outside Donations
BUDGET CHANGES
0 9,000 4,000
0 9,000 9,000
AMENDED
BUDGET
SPENDING PLAN;
001 - Special Recreatiou Activities Fund
03102 - Recreation Sarvice Area One - Specialist
0314 - Paim Materials 21,666 9,OQ0 3q666
21,666 9,000 30,G66
THEREFORE BE IT ItESOLVED, that Saint Paul Pazks and Recreation is authorized [o execute agreements as �ecessar}
to accept the W agner Spray Tech Inc sponsorship as outlined in the hereto attached E�ilbit "A' ; and be it
FURTHER RESOLVED, that the Council of the City of Saint Paul approves these changes to the 2006 budget.
1 �� � � � Requested by:
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3 �/ Division of Pazks and Recreation
' � � y��u�. �� �: (�
5 B : R -,� - _
6 i/ �—
Adopted by Council: Date:
Adoptiou Certified by Council Seccetazy
BY i � ll6L
Approvedby or: Date: ,-2 ��
By:
G.�FMIQTWrkalResolubons, AOs, G2en SheetslResolution5lWagnerPamt Resolubon.zls Page: 1 of7
1 WHEREAS, the City Council by its resolution CF-OS-�33 authonzed Pazks and Recreation to contract with the Intemazk
2 Group for the purpose of securing sponsorship funding; and
Approval Re mme ded by Fin cia] Services Director:
BY: J
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrnenUoffice/council; Dafe Initiated: � � � s
PR — pukssndRe«eadon o�-.�,�.� Green Sheet NO: 3031302
Conqct Person & Phone:
Depardnent SentTOPerson InitiaVDate
BOb Bierscheid 0 artcs d Recr tion
2 ��� Assign 1 arks ao R ti D artment ' ect r ��_:., ��'"�
MustBeonCouncilAgendaby(Date): Number y ieancialServic fficet5oanial
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Routing 3 � Attarne
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5 a nN oonN
6 CI rk i erk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Authorizafion of the attached resolurion allowing the proper City officials to accept sponsorship from Wagner Spray Tech Inc., as par[
of the agreement to provide a graffiti elimation program to Ciry parks and recreational spaces. This action is the result of a previous
Council resolution authoriizing the City to secure sponsorship funding tluough contracting with Intemark Group (CF-OS-533).
Recommendations: Appro�e (A) or Reject (R): Personal Service Contracts Must Mswerthe Following Questions:
Planning Commission 1. Has this person/firm eeer worked under a contract for this department?
CIB Gommittee Yes No
� Citii Service Commission 2. Has this personlfirtn e�er been a city employee?
A .� Yes No
� ��._
3. Does this persoNSrtn possess a Skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on sepamte sheet and attach to green sheet
IniGating Problem, fssues, Opportunity �Who, What, When, Where, Why):
Parks and Recreation wishes to accept this generous sponsorship in accordance with ihe terms outlined in the hereto attached Exhibit
"A". An annual confribution of $9,000 is availabie for the life of this three year agreement with the putpose of providing financial
support for the graffiti removal pr noram.
Advan[ageslfApproved;
Pazks and Recreation will receive an annual con[ribution from Wagner Spray Tech Inc. as sponsorship in support of a program to
remove graffi6 from pazks and recreational spaces throughout the City.
DisadvanWges IfApproved:
None
Disadvanqges If NotApproved:
Without authorizarion to accept this sponsorship contdbution, Pazks and Recreation would be unable to financially support this
program unless other funding sources were obtained.
TotalAmountof 9900 CostlRevenueBudgeted: �.J
Transaction:
' Funainy source: Donations Activ'rty Number. 001-03102
Financial Information:
(Explain)
July 7, 2006 4:31 PM Page 1
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D�-G5�
E�ibit "A"
Tlus Agreement is entered into this 8 day of 7une, 2006, by and between Wagner
Sprny Tech Inc, a Minnesota corporation ("Wagner") and the City of Saint Paul, a
mvnicipal coZporation, through its Division of Pazks & Recreation ("City").
V✓fIEREAS, Wagner and the City of Saint Paul wish to enter into a sponsorship
agreement whereby Wagner will financiaily support Parks & Recrearion Wipe Out
Crraffiti program; and
WFiEREAS, the Council of the City of Saint Paul has previously authorized the
Division of Parks and Recreation fo enter into such sponsorships; and
WI�REAS, the City believes that the el'unination of graffiri in the pazks of the
city enhances their appearance and the VJipeOtrt Crraffiti program is a benefit to the
citizens of Saint Paul.
Now, therefore, in consideration of the mutual agseements and consideration contained
herein, the parties agree as foilows:
Term: This agreemenf will be effective June 1, 2006 attd shall continue unfil Nlay
31, 2009, unless earlier terminated plasuant to Pazagraph 4.
2. City Responsibilities:
A. City agrees that in retum for the financial and value-in-kind support set
forth below that it will enter into a non-exolusive partnership with W agner
Spray Tech Corporarion during the term of Lhis Agreement, for the
purpose of supporting and promoting the WipeOut C.raffiti Progaui.
B. City will feature the Wagner logo an its graffiti vehicle/van, identifying it
as a sponsor of the program. The size and location of the sponsorship logo
will be at flie discretion of the City and shall be designed to avoid conflict
with the city's advertising sign prohibitions.
C. Wagner shall receive exposure in Pazks & Recreation communication
materials when the WipeOut Graffiti program is mentioned, and City shall
have discretion to determine when such mention is relevant.
D. City and Parks and Recreation websites will include a feature on WipeOut
Graffiti and inciude Wagper's logo with a hotlink to Wagner's WipeOut
Graffiti webpage. Use of hoflinks must be consistent with City web use
standards.
E. City will orgazuze a kick-off event for the WipeOut Graffiti program
which will include city officials, to which the media will be invited.
Wagner's Responsibilifies.
o� 65 �
E�ibit "A"
A. Wagner shall pay City the sum of $ 27,000 during the the term of this
agreemenf, payable to Pazks and Recreation in three equal installments of
$ 9,000 each by June 15�' of each year.
B. Wagner shall provide Parks and Recreation with in-kind support ia the
form of three industdal streagth paint spray o specifically the Spray
Tech GPX-750 airless stationary sprayer, the Wagner TS 9190 airless
stationary sprayer, and the VJagner 355 PowerPainter, with product
components as listed on E�ibit A, attached hereto and incorporated by
reference.
C. VJagner's homepage will feature a link to the Parks and Recreation
WipeOut Graffiti page and Saint Paul Parks and Recreation will be
featured in Wagner's press releases and media relarions efforts to
publicize the partnership and the initiative to eradicate graffiti.
D. Wagner shall produce a press kit (for new product introduciions) that
includes a press release featuring Parks and Recreation and the WipeOut
Graf£iti program.
4. Termination.
A. This Agreement shall be subject to termination with cause by either party
at any rime during the term hereof by giving written notice of notice of the
breach upon which the tezmination is based thiriy (30} days prior to the
date when such terminafion shall become effective. In the event the other
party fails to cure the breach within said thirty day period, the tezmination
shall be effective on the flurtieth day.
B. The City may cancel this Agreement without cause by giving written
notice tbirry days prior to the date when such termination shail become
effective for the following reasons:
1) a court of competenY jurisdiction declazes the Agreement void or
voidable for any reason;
2) any law or policy is enacted maldng the use of goveznment
pxoperty for advertising puzposes iilegal.
In the event of such temiination, the money and services provided
by VJagnei shatl be pro-rated, and Wagner will provide ttie Ciry with any
in Idnd services due and owing or the value of any such consideration
already paid or provided shall be reimbursed to Wagner.
5. Notice. All notices herein pro vided to be given, or that may be given by any
parly to another, shall be deemed to have been fully given when served personaily, or
o�-�� �
E�ibit "A"
:n made in writing and deposited in the United States Mail, certified and postage
�aid, and addressed to the parties at the addresses stated below:
Saint Paui Pazks & Recreation
300 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55101
Wagner Spray Tech
1770 Fernbrook Lane
6. Waivers of Liability: Each of the parties shall be responsible for its own acts
and the results of its own acts to the extenf authorized by law and shall not be responsible
for the acts of the other party or the results of the other party's acts_
7. AmendmenEs: Anything herein contained to the cantraty not wifhsfanding, this
Agreement may be, in writing, amended by mutual consent of the parties hereto.
8. Assignment: This Agzeement may not be assigned or transferred without the
written consent of the City.
In witness whereof, the Parties have caused tkus Agreemenf to be executed by their duly
authorized representatives.
CITY OF SAINT PAULWAGNER SPRAY TECH
Mayor
Duector of Finance
I�uecto��R c ho �
� President W r Spray Tech, Inc
Approved as to Formt
Assistant City Attorney
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