06-83Council File q ���
Green Sheet # 3029241
RESOLUTION
iAINT PAUL, MINNESOTA "
Presented By:
Referred To:
Committee: Date
� RESOLVED, that the proper City o�cials are hereby authorized and directed to execute fire, emergency
z ambulance and paramedics service, and hazardous materials response contract with the Minnesota State
a Agricultural Society provided by Saint Paul's Department of Fire and Safety Services; a copy of said
a agreement which includes an indemnification clause, is to be kept on file and of record in the Office of
e Financial Services.
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Requested by Department of:
' � & Safe Serv'ces
B ' i c-�L �
Approval Rec mended by Di ctor of Financial Services:
By:
Adopted by Council: Date 9i �ys��
Adoption Certified by Council Secretary:
BY� /�i.�i� � i,e'Sdr�
Approved b a r: Da� n(7(�
By: �
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Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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� �epartrnentfoffice/council: Date Inftiated:
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FR — Fire 28-DEGOS Green Sheet NO: 3029241
Contad Person & Phone• � Denartment SeM To Person InitiaUDate
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Doug Holton 0 ire
�� Assign 1 re arhnentDirector
Must Be on Council qqenda by (Date): Number z ;rv nttomev �
For
RoUting 3 oYS Oflice MavodASSisffi t
Orclef 4 ouncil
5 itv Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached Council Resolution authorizing the DepaLhnent of Fire and Safety Services to enter into an agreement with
the Minnesota State Agricultival Society to provide fire, emergency ambulance and pazaniedic services, and hazazdous materials
response to the State Fairgrounds located in Falcon Heights, Minnesota.
Recommentlations: Approve (A) or Reject (R): Personal Service Contracks Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
� Civil Service Commission 2. Has ihis person/firm ever been a city employee?
Yes No
, ' 3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
, Explain ali yes answers on separete sheet and athach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Minnesota State Fairgrounds needs fue, emergency ambulance and pazamedic services, and hazazdous materials response and the
Saint Paul Fire Deparhnent is qualified and willing to perform these needed services.
AdvantapeslfApproved: -
Additional revenues will be generated by the Saint Paui Fire Deparnnent.
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QisadvantageslfApproved: f�R' � 9 ��
None. a� i� J
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Disadvantages If Not Approvetl: ����,�,�,a, P?n:�g
Loss of potenrial revenue for the City.
. !JA� �. 7 2��5 RFCE
Total Amount of
Transaction: $0625 CosuRevenue Budgeted: JA �
0 5 2005
'\unding Source: Activity Number. pp
Financial Information: 'I'he fee will inciease by 3% each calendar yeaz. eYaAY ���c� o�1
(Explain)
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City Agreement # p (, -�c 3
State Fair Agreement # C 2005-2010 CSP Fire
Between the City of Saint Paul and
the Minnesota State Agricultival Society
THIS AGREEMENT, is made and entered into effective as of this 1� day of August,
2005, by and between the Minnesota State Agricultural Society, commonly lmown as the
Minnesota State Fair (hereinafter called "State Fair"), a Minnesota public corporation, whose
principal office is located at 1265 Snelling Avenue North, Saint Paul, Minnesota 55108-3099,
and the City of Saint Paul (hereinafter called the "City"}, a Minnesota municipal corporation,
whose principal office is located at 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102.
WHEREAS, the State Fair intends to engage the City's Deparhnent of Fire and Safery
Services (the "Fire DepartmenY') to provide Fire, Emergency Ambulance and Pazamedic
Services, and the Hazazdous Materials Response Team Services to certain properties located
outside the limits of the City of Saint Paul, specifically the State Fairgrounds located in between
Falcon Heights and St. Paul, Minnesota; and,
WHEREAS, the Fire Department is willing and able to provide the yeaz round services
and equipment desired by the State Fair;
NOW, THEEREFORE, subject to the terms and conditions set forth below, the State Fair
and the City hereby agree as follows:
SECTION 1. Definitions.
1. Business Associate shall mean an entity that performs a function involving the use or
disclosure of individually identifiable health information as defined in 45 CFR § 160.103. For
the purposes of this Agreement, the State Fair shall be considered a Business Associate of the
City and the City shall be considered a Business Associate of the State Fair.
2. Covered Entity shall mean a health care provider who transmits any health information
in electronic form as defined in 45 CFR § 160.103. For puzposes of this Agreement, tfie City
shall be considered a Covered Entity.
3. Designated Record Set shall have tlre meaning as defined in 45 CFR § 160.103.
4. Emergency shall mean fires, drowning(s), building damages, cave-in, accidents,
explosions, or other types of incidents which a fire departrnent would respond to for the
protection of life, healfh, and property. This tenn shall be interpreted broadly to effect the
purpose of this Agreement.
5. Fire Chzef shall mean the Chief of the Department of Fire and Safety Services of the
City of Saint Paul.
6. HIPAA means the Standards for Privacy of Individually Idenrifiable Health
Information (45 CFR Parts 160 and 164).
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7. Individual means the person who is the subject of the PHI.
8. Minimum Necessary shall have the meaning as defined in 45 CFR part 154.502.
9. Privacy Rule shall mean the Standazds for Privacy of Individually Identifiable Health
informafion as defined in 45 CFR Part 160 and Part 164 Subparts A and E.
10. Protected Health Information (P73� shall have the same meaning as the term
"Protected health information" in 45 CFR § 164.SO1, limited to the information created or
received by a Business Associate from or on behalf of another Business Associate.
11. Required by Law shall have the same meaning as the terxn "required by law" in 45
CFR § 164.501.
12. Secretary means the U.S. Secretary of the Department of Health and Human
Services.
13. State Fairgrounds shall mean the properiy located within the following geographic
boundaries within Ramsey County, Minnesota:
North--Larpenteur Avenue;
East--Snelling Avenue;
3outh--Properry south of Como Avenue, bounded by Wynne Street to the east,
Stella Street on the west and the Burlington Northern spur line on the south;
West--University of Minnesota and State Fair Transitway, Randall Avenue north of
Dan Patch Avenue, Dan Elmer Way and all the way north along fence line to
Larpenteur Avenue.
SECTION 2. Scope of Services From City.
A. Services
The Fire Department shall provide the following services to the State Fair and the State
Fairgrounds pursuant to ffie terms and conditions set forth herein:
1. Fire, Emergency Ambulance, and paramedic Services (ALS) from City Fire Station 23
and other stations as needed in the performance of the services described herein.
2. Services of the Saint Paul Hazardous Materials Response Team.
B. Equi pment
The Fire Depariment shall provide all personnel and equipment as may be required to
perform the above services including; but not limited to:
1. One radio at each Medical Aid Starion and the Police Dispatch Station on the State
Fairgrounds during the period of each Annual State Fair throughout the term of this Agreement.
Upon commencement of this Agreement, the radios provided will be the currently available
technology. The Fire Department will provide 800 MHz radios when the City adopts this
format;
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2. Training for State Fair personnel in the operation of any radios provided by the Fire
Department as may be needed;
3. One dispatch worker from the City's Fire Dispatch funcrion to work in the State Fair
Police Station dispatch area on the State Fairgrounds during the period of each annual State Fair;
C. Reports
The City shall piovide copies of all ambulance run reports or a report of all runs made
covering services provided on State Fair properiy and other quantitative reports of services
provided to the State Fair as practical, following the complerion of each annual State Fair or
event on the State Fairgrounds.
D. Chain of Command
The Chain of Command for purposes of making emergency decisions shall be as follows
when City staff are on the State Fairgrounds providing services as described herein.
1. State Fair Chief of Police or designee, overall
2. For Medical Direcrion/NID-FACS for the State Fairground: Regions Heaith Partners
ER Medical Director
3. For transport decisions: Medical Aid Charge Nurses
4. All ALS ambulances shall report to the Medical Aid station dispatched for patient
evaluation, except in the instance of cardiac arrest.
SECTION 3. Obligations of State Fair.
A. Information
The State Fair will provide the following information upon execution of this Agreement:
1. A copy of the most recent comprehensive emergency plan with resources and
Fairgrounds area map and building addresses with ongoing updates.
2. Information relating to emergency and non-emergency radio and telephone capability
(frequencies/numbers) between the City and tlre State Fair;
3. Emergency response plans by facility, pre-fire plan, and other information as may be
needed;
4. Training level of the State Fair support personnel (i.e. first responders, etc.).
B. Reguest For Services
All requests by State Fair for services during the annual State Fair shall be made by a
Charge Nurse in either of the State Fair Medical Aid Starions and shall be directed to the Fire
Department's Communications Division. State Fair will be responsible for providing the
following information, as available, at the time of the request.
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1. A description of the incident, including what happened, the time, the type of materials
involved, if any, the geographic area, and any other detail which may be helpful;
2. A description ofthe most favorable response route to min;m;�e the response time.
C. Incident ltisk Mana�ement
State Fair will provide, at its own expense, for the overall incident management and shall
provide for crowd control and the evacuafion of the site, site securiry, heavy equipment and dike
prepazation materials as needed for the incident.
SECTION 4. Term.
A. Term
T'his Agreement shall commence upon execution by both parties and shall remain in fuli
force for a period of five (5) years from that date unless terminated earlier by the pazties.
B. Renewal.
The Agreement may be renewed for additional five-year periods if mutually agreeable to
the parties.
SECTION 5. Contacts/Authorized Agents.
The State Fair contact person and authorized agent for this Agreement is the State Fair
Chief ofPolice or his/her designee whose address is as follows:
Non-Fair Period:
1880 Como Avenue
Saint Paul, MN 55108-3088
Phone: (651) 642-2280
Cell: (612) 328-1106
Fair Time:
State Fair Police Station
1826 Dan Patch Avenue
Saint Paul, MN 55108-3088
Phone: (651) 642-2280
Cell: (612) 328-1106
An alternafive contact is the State Fair Operations Director, or his/her designee whose address is
1880 Como Avenue, Saint Paul, MN 55108. Phone: (651) 288-4406 or Cell: (651) 497-0100.
SECTION 6. Compensation and Biiling.
A. Compensation ,
1. For performance under this Agreement, State Fair agrees to compensate the City at
the rate of $80,625 for the basic fire, ambulance, and paramedic services for the calendar year
2005. Thereafter, the fee shall increase by three percent (3%) each calendar year as follows:
For 2006 $83,044
For 2007 $85,535
For 2008 $88,101
For 2009 $90,744
2. The State Fair shall also compensate the City for the additional costs associated with
responding to any hazardous materials incident:
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a) Emersency Resnonse Compensarion. The City will be reimbursed by the State Fair for
the reasonable and necessary costs associated with an actual response as follows:
• Team Personnel Costs -$62 per hour, including wages and fringe benefits, per
person
• Additional Wage CostsforLocal CaZlbackPersonnel -$31 perhour, including
wages and fringe benefits, per person
• Yehicle Operating Costs -$45 per hour for Chemical Assessment Team vehicle;
$100 per hour for the Emergency Response Team Vehicle; and, $40 per hour for
additional vehicles;
• Cost of Consumable Supplies Used - City will submit an itemized invoice for
actual costs incurred;
• Costs ofRepair or ReplacemeKt ofDamaged or Destroyed Equipment - The City
will submit an itemized invoice for actual costs incurred. If costs exceed $500
(five hundred dollazs), the State Fair may zequest competitive bids, RFPs, or
quotes prior to the repair or replacement of equipment. Bids shall be issued in
accordance with Minnesota Statutes 471345.
• Communication Costs - The City will subxnit an itemized invoice for actual costs
incurred. Eligible costs aze defined as cellular and land line telephone costs for
voice, data, or facsimile transmission;
• Administrative Costs Directly Resulting from the Emergency Response - Up to
$400 (four hundred dollars) per response, including wages and fringe benefits.
b) The City may request additional administrative cost compensation, based on an
itemized invoice for actual costs incurred, when extraordinary circumstances, resulting from a
specific State Fair authorized emergency response, are authorized.
3. The City shall be responsible for and pay, when due, all taxes, including but not
limited to, withholding insurance amounts and other tases on City employees' income.
4. Ciry shall accept no income, payment, or compensation of any kind from any third
party in connection with or related in any way to the provision of the subject third pariy goods or
services to State Fair.
5. City agrees to be responsible for all costs incurred in the operarion and maintenance of
all equipment, including any loss, damage or cleanup which may be incurred as a result of the
actions, acts, or omissions of City, and/or its agents.
B. Billine•
The City shall submit an itemized invoice for services rendered to the State Fair's
Contract Manager, documenting all labor and/or any other miscellaneous expenses as previously
approved by the State Fair on or about October 1 of each year. Upon review and verification of
the charges, State Fair will pay City within 45 days of receipt.
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SECTION 7. HII'AA Compliance.
A. Obligations and Acfivities of Provider as a Business Associate. City and Business
Associate mutually agreed that Business Associate shall carry out its obligations undez this
Agreement in compliance with the Privacy Rule and shall protect the privacy of any protected
health information (PF3I) that is collected, processed or leamed as a result of the services
provided hereunder.:
l. Business Associate shall not use or disclose PHI except as permitted under this
Agreement or required by law.
2. Business Associate will take appropriate steps to safeguard and prevent use or
disclosure of PHI except as pernutted by this Agreement .
3. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that
is known to Business Associate of a use or disclosure of PHI by Business Associate in violation
of this A greement.
4. Business Associate shall report to the Department of Fire and Safety Services o£
City any use or disclosure of PHI not provided for by this Agreement.
5. Business Associate shall ensure that any agent, including a subcontractor, to whom it
provides Protected Health Inforxnation received from, or created or received by the Business
Associate on behalf of the City agrees to the same restrictions and conditions that apply through
this Agreement to Business Associate with respect to such information.
6. Business Associate agrees to make its internal pracfices, books, and records, including
policies and procedures, relating to the use and disclosure of PHI received form, or created or
received by the Business Associate on behalf of, the City, available to the Secretary for purposes
of deternuning the City's compliance with HIPAA.
7. Business Associate agrees to document such disclosures of PHI and informarion
related to such disclosures as would be required for the City to respond to a request by an
Individual for an accountntg of disclosures of PHI in accordance with 45 CFR § 164.528.
8. Business Associate agrees to provide the City or an Individual through the
Safety PAD system, in time and manner mutually agreed upon with the City, information
coliected an accordance with Agreement 02-9680-C, to permit the City to respond to a request by
an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528.
B. Permitted Uses and Aisclosures. Except as otherwise perxnitted under this
Agreement, Business Associate may only use or disclose PHI to the City and other City's
identified Business Associate contractors in order to provide services to the City for the
following purposes, if such use or disclosure of PHI would not violate the Privacy Rule if done
by the City or HIl'AA "minimum necessary" policies and procedures of the City:
l. Preparation of invoices to the Individuals, treatment, payment, or health care
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operations or otherwise required by HIPAA.
2. Preparation of reminder norices and documents pertaining to collection of overdue
Accounts to the Individuals, treatment, payment, or health caze operations or otherwise required
by HIPAA.
3. Submission of supporting documentafion to the Individuals, treatment, payment, or
health caze operations or otherwise required by HIPAA to substantiate the health care services
provided by the City to its patients or to appeal denial of payment for the same.
4. Other uses or disclosures of PHI as permitted by the Privacy Rule.
C. Obligations of the City.
1. The City shall norify the Business Associate of any limitation(s) in its notice of privacy
practices of the City in accordance with 45 CFR § 164.520, to the extent that such lunitation may
affect Business Associate's use or disclosure of PHI.
2. The City shall notify the Business Associate of any changes in, or revocation of,
permission by an Indavidual to use or disclosure PHI, to the extent that such changes may affect
Business Associate's use or disclosure of PHI.
3. The City shall norify the Business Associate of any restriction to the use or disclosure
of PHI that the City has agreed to in accordance with 45 CFR § 164.522, to the extent that such
changes may affect Business Associate's use or disclosure of PHI.
. SECTION 8. Independent Contractor.
City shall be acting as an independent contractor to State Fair, and nothing in this
Agreement shall be deemed to create a relationship of employer-employee, common law
employee, principal-agent, partner, or joint venture between City and State Fair. Neither party
has any authority to bind the other to any contract or agreement without the other's written
permission. City shail operate independently, consistent with State Fair's business, and agrees to
be responsible for all of its own federal, state, and local taxes, withhoiding, social security,
insurance, and other employee benefits. Upon request, City shall provide State Fair with
satisfactory proof of independent contractor status, including, without lamitation, applicable
business licenses.
SECTION 9. Tndemnification.
City hereby agrees to indemnify, defend, and hold State Fair, its staff, officers, directors,
agents, and employees harmless from and against any and all suits, actions, claims, demands and
causes of action of any nature whatsoever brought because of injury to, disease, siclmess, death
or damage received or sustained by any person, persons or property due to the negligent acts,
esors, omissions or operafions of City, its staff, agents and employees; in consequence of or on
account of any negligent act in safeguarding their work; through use of unacceptable materials in
performing the work; because of any negiigent act or misconduct of City; because of any claims
azasing or amount recovered from infi`ingement ofpatent, trademark, or copyright; because of
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any claim arising from or amount recovered under the Workers Compensation Act or under any
other law, ordinance or degree, and against any and all claims, damages, losses and expenses,
including, but not limited to, attomey's fees and disbursements, arising out of or resulting from
any claim action or other proceeding (including without limitation, any proceeding by City's
employees, agents or contractors) that is based upon:
a) City's breach of this Agreement,
b) The conduct or acrions of City within the scope of this Agreement, or
c) Any negligent act, omission or willful misconduct by City.
City shall assume full responsibility for all damage to properry of any nature resulting
from any negligent act, omission or xnisconduct in the execution of its work. To the extent of
City's liability, and at its own expense, City shall restore damaged property to a condition similar
or equal to that existing before tYae damage was done. City shall repair, rebuild or replace the
damage as directed, or it shail otherwise make good on the damage in a manner acceptable to
State Fair.
SECTION 10. Insurance.
City is a municipal subdivision under the statutes of the State of Minnesota, and
represents and wanants that it is authorized as self-insured for purposes of ail property damage
and general iiabiliry claims. City further represents that it has in full force and effect applicable
health insurance, including worker's compensation or disability insurance for City and its
employees performing work under this Agreement. Liability limitations and exceptions apply to
City pursuant to Minn. Stat. Chapter 466 and laws related thereto. The City shall provide to
State Fair a copy of its certificate or letter evidencing self insurance as described herein,
including auto liability.
SECTION 11. City's Warranties and Covenants.
City hereby represents, warrants, and covenants as follows:
1. City is fmancially solvent; abie to pay its debts and is possessed of sufficient working
capital to provide the services/equipment in accordance with this Agreement.
2. City warrants that it has complied with all applicable registration and licensing
requirements to enable City to act as an indepzndent contractor under the terms of this
Agreement.
3. City has the experience and skills necessary to perform and provide the services and
equipment required pursuant to this Agreement. All services provided by the City sha11 be
performed:
a) in a professional manner, with a high grade, nature, and quality commensurate with
that which is customary in the indushy;
b) in compliance with all applicabie federal, state, and locai laws, rules, regulations and
ordinances, including, without limitation, the laws, rules and regulations of the Occupational
Safety and Health Act (OSHA) and State Fair, while Ciry is on State Fair premises.
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SECTION 12. Termination of Agreement.
A. Regazdless of the term set forth above, either party may tercninate this Agreement at
any time, with or without cause, upon providing ninety (90) days written notice to the other
parLy. "Cause" includes but is not limited to:
• a breach of tlus Agreement;
+ lack of need for City's services by State Fair.
State Fair reserves the right to cancel certain contracts based on availability of funds.
B. In the event of cancellation, and within thirty (30) days of cancellation, the City shall
shall invoice State Fair for the pro-rated portion of the total work already completed of the total
up to the time of cancellation. All physical property and any equipment leased or purchased by
State Fair for City's use during the term of this Agreement shall be promptly returned by City to
State Fair at the texmination of this Agreement.
C. Not withstanding any other provisions of this Agreement, this Agreement may be
terminated by the City, in its sole discretion, if the City determines that Business Associate has
violated a term or provision of the Agreemenf pertaining to the City's obligarions under the
HIPAA privacy rule.
D. Upon termination of this Agreement, for any reason, as directed by the City, Business
Associate shall return or destroy all Protected Health Information received from the City, or
created or received by the Business Associate on behalf of the City. This provision shall apply to
PHI that is in the possession of subcontractors or agents of the Business Associate. Business
Associate shall retain no copies of the Protected Health Information.
E. In the event that the Business Associate determines that returning or destroying the
PHI is infeasible, Business Associate shall provide to the City notificarion of the conditions that
make the return or destruction infeasible. After City's review and acceptance of Business
Associate's notification of conditions of infeasibility, Business Associate shall extend HIPAA
protections of tl�is Agreement to sucb PHI for so long as the Business Associate possesses in any
form such PHI, at no cost to the City.
SECTION 13. Data Practices.
City and State Pair agree to abide strict3y by Chapter 13, Minnesota Government Data
Practice Act and, in particular, Minn. Stat. §§ 13.05, subd.6 and 1 l; and 1337, subd. 1(b) and
Minn. Stat. §§ 138.17 and 15.17. All of the data created, collected, received, stored, used,
maintained, or disseminated by the City in perfoxming functions under this Agreement is subject
to the requirements of the Minnesota Government Aata Practices Act and any service provider
must comply with those requirements as if it were a governmental entity. The remedies in the
Minnesota Statutes apply to the State Fair and the City. If any provision of this Agreement is in
conflict with the Minnesota Government Data Practices Act or other Minnesota state laws, state
law sball control.
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SECTION 14. Unemployment Insurance and Ta%es.
City shail pay all applicable local, state, and federal withholding taYes and insurance
amounts when due, and shall comply with all applicable minimum wage requirements with
respect to City and City's employees. City shall accept full and exclusive liabiliry for the
payment of any and all t�es and contributions for unemployment insurance, retirement benefits,
pensions and annuities which may now or hereafter be imposed by the United States or any state
thereof, whether measured by the wages, salaries or remuneration paid to persons employed by
Contractor or otherwise, for the work required to be performed hereunder.
SECTION 15. Signs.
No signs of any description shall be placed on or about State Fair's premises, except with
the written pemussion of the State Fair.
SECTION 16. Legal Responsibilities to the Public.
City shall, while on State Fair property or perfomung any of the services hereunder,
comply with all applicable local, state and federal safety laws and regulations, including, without
limitation, laws and regularions under the Occupational Safety and Health Act. Contractor shall
protect and indemnify State Fair and its representatives against all claims and liabilities arisang
from violations committed by City or City's employees. Tf City should discover any provision in
this Agreement that is contrary to or inconsistent with any law, ordinance, regulation, order or
decree, City shall immediately report same to State Fair in writing.
SECTION 17. Access to Financial Records
The State Fair may request statements of account regarding income or expenses
generated pursuant to this Agreement.
SECTION 18. Assignment or Transfer of Duties.
City acknowledges that the services to be rendered by it are unique and personal. Accordingly,
City may not assign any of its rights, including the right to receive payments, or delegate any of
City's duties or obligations under this Agreement without the prior written consent of State Fair.
SECTION 19. Workplace Violence.
The State Fair prohibits any form of workplace violence which includes, but is not
limited to words or acrions that injure another; unjust use ofpower; intimidation, or actual use of
force, which results or has a high likelihood o£causing hurt, fear, injury, suffering or death.
The State Fair also prohibits any City employee, contractor and/or subcontractor from carrying,
possessing or using firearms (including, but not limited to, pistols) or other weapons while on
State Fair premises, while operating machinery, equipment or vehicles for work-related
purposes, or while engaged in State �air business off the State Fair premises. This policy applies
to all contractors and/or subcontractors, including but not limited to those who have a valid
permit to carry a fireann. This policy applies to all State Fair premises, except that valid
handgun pennit holders may carry or possess firearms in the State Fair's parking facilities in
accordance with applicable federal and Minnesota law. However, all contractors and/or
subcontractors (including but not limited to those who have a valid perxnit to carry a pistol) are
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prohibited from carrying or possessing any type of fireazm or other weapon in their vehicle at
any time while on State Fair business, whether on or of£ State Fair premises.
The State Fair reserves the rigpt to search and inspect properCy and contractors and(or
subcontractors while on Stafe Fair premises, while operating machinery, equipment, or vehicles
for work-related purposes or while engaged in State Fair business off premises.
City employees, contractors and/or subcontractors agree to be bound by these terms and aze
solely responsible and liable to State Fair for the acts and omissions of contractors employees,
subcontractors and their agents and employees, and other persons performing portions of work
directly or indirectly under an Agreement with contractor.
SECTION 20. Amendments.
All alternations, amendments, deletions or waivers of the terms of this Agreement shall
be valid and enforceable only when they have been agreed upon by both parties and executed by
both parties in writing.
SECTION 21. Statute 37.
There aze no other rights, privileges or conditions, expressed or implied, which are not
contained or referenced in this Agreement, and this Agreement shall not be construed as a
relinquishment by the State Fair of any of its powers or controls over the State Fairgrounds as
vested in it by Minnesota Statutes, Chapter 37.
SECTION 22. Notices.
All notices or other written communications required under this Agreement shall be given
personally upon delivery, by next-business-day delivery via a nationally recognized overnight
carrier or by delivery via certified mail, return receipt requested, upon deposit in a U.S. mail
receptacle, postage prepaid addressed as follows:
To: the City: To: Minnesota State Agricultural Society
Department of Fire & Safety Services Minnesota 5tate Fair
100 E. 11' Street Attn: Contract Management Coordinator
Saint Paul, MN 55101 1265 Snelling Avenue North
" Saint Paul, MN 55108-3099
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IN WITNESS WHEREOF, the respective parties have executed this Agreement, in
duplicate, intending to be bound hereby effective the date and year fust indicated above.
For Minnesota State Agricultural Society:
Federal Tas ID# 41-15 915
.a�eoC. W.
Gerald W. Hammer
Executive Vice President
For the City:
Federal TaY ID # 41-6005521
Approved as to Form.•
Assistant City Attomey
Executed:
Matt Smith, Director of Financial Services
dy Kelly, Mayor or designee
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Douglas lton, Chief
Depa nt of Fire and Safety Services
Director o£ Human Rights
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