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07-794Council File # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: Committee:DaYe: 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; 4 WI�REAS, the City of Saint Paul wishes to enter into the attached agreement with Capitol City 5 Partuership to hold the 2007 Taste of Minnesota event at Harriet Island; and 6 7 WHEREAS, the Capitol City Parfiership shall compensate the City Tor agreed upon services, outlined 8 in the attached agreement; and 9 10 BE IT RESOLVED, that the council authorizes the City of Saint Paul to enter into the attached 11 agreement. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Absent ✓ ✓ Thune Adopted by Council: Date: Adoption Cerrified by Co�'cil Secretary: BY� . �f/✓I�C���/do� Approved by � Green Sheet # �� Requested by Department of: �� �,v� Appr d by a r for Submissio to Council: B � �� 1 3042052 Q:\FiscaMO&CR�200T2007TasteofM Ncr.xls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � la�� , ��.��o����o���,�: ; �e��rt��: ' Green Sheet NO• 3042052 �� ; ; pp — Po]iceDepazunent J 2&JUL-07 . Conqct Person & Phone: Ghief John Hartington 266-5588 ; Doc. Type: RESOLUTION �' E-Document Required: Y � Document ContacL• Evette Scarver Contact Phone: � � vcumuumu xn�vrc�wn �muauv�aie � 0 diceDeuartment � PoliceDeparl3nent Assign � I diceDeparlment ! PdiceDenarlment � NumbBr i 2 itg Atborney I City Attornev i� For ( Routing 3 �Iapor's Office Mapor °rder a om�a I conn�a i 5 iry Clerk 1 Citv Clerk ( 6 dice De arlwent I Pdice Departrnent Total # of Signature Pages 1(Clip Ail Locations for Signature) Signatures on the attached council resolution authorizing the City of Saint Paul [o enter into the attached agreement with Capital City Pamiership for the City of Saint Paul to host the 2007 Taste of Minnesota. iaanons: approve �a� or rt Planning Commission CIB Committee Civil Service Commission 1. Has this persoNSrm ever worked under a contract for this department? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill oot normally possessed 6y any cunent city employee? Yes , No Explain all yes answers on separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � � The Taste of Minnesota uses a variety of City facilifies including Hattiet Island and the Wabasha Street Bridge. Authorization is needed. Advantages If Approved: The Taste of Minnesota will be held in Saint Paul. ����� Disadvantages If Approvetl: None. �i.� � ± '� 2007 �� �x������ DisadvaMages If Not Approved: The Taste of Minnesota will not be held in Saint Paul. Transaction: Funaing source: Capital City Partnership Financiel Information: (ExpWin) CosVRevenue BudgMetl: Activity Number: ��uncil Ftesearch ��nt�r /WN 1 ( 6006 July 23, 2007 9:00 AM Page 1 a����� AGREEMENT This Agreement, dated this �� , by and between the CITY of SAINT PAUL, a municipal corporation under the laws of the State of Minnesota, hereafter "City" and the Capital City Partnerstrip, a non-profit corporation regstered in the State of Minnesota, hereafter "Partnership"; WHEREAS, Partnership's event, the 2007 Taste of Minnesota, has the need for police services in the City of Saint Paul; and WHEREAS, Partnership wishes to ease the burden to the Saint Paul Police Deparhnent of providing normal patrol services to this specific azea during the agreed upon fime period; NOW THEREFORE, it is mutually agreed by and between the CiTy and Partnership as follows: 1. Scope of Services: That for the consideration stated hereafter, the City will provide on-duty police officers to the area identified, located in the City of Saint Paul, in the number and manner requested by the Partnership to perform the following tasks; A. Traffte and Pedestrian Control. To include but not limited to: 1. Assist with pazking and traffic complaints and 2, The direction and controlling of traffic in and around the affected area. For purposes of this Agreement the "affected area" is the geographical area agreed to by the parties, as reflected in the attached map, titled, Exhibit A, plus, any azea in which activity which initiates or arises out of activities in the agreed affect area and proceeds or occurs beyond the affected area is by definition the affected area.. B. Site Security. To include but limited to: 1. Prevention of persons into unauthorized affected azeas; 2. Assist citizens in and azound the affected area; and 3. To provide overall safety for both citizens and crew in the affected azea.. C. Crime Suppression. To include but not limited to: i. Patrol of streets and pazking lots in the affected area and 2. To provide police intervenfion into criminal activity. D. Liaison. With the Partnership's manager or designate. E. City shall provide police officers for the Taste of Minnesota, June 29, 2007 - 3uly 4, 2007, from the hours of 3:00 PM to 12:00 midnight Friday, Monday and Tuesday. 1:00 PM to 12:00 midnight on Saturday and Wednesday. F. Unscheduled Closure ofEvent. The Saint Paul Police Department, with or without this Agreement, always has the authority to order and enforce a closure of ��-��� the event, if in their discrerion, it is in the best of interest of public safety. This decision is solely theirs to make. 2. Eguinment: That assigned police officers will be provided with police radios, complete uniform, and required uniform accessories necessary to perform the tasks identified within this agreement. 3. Time for Complefion: The services under this Agreement by the City will be available for the dates given above upon execution of the agreement and will be completed in accordance with this Agreement with the Partnership. 4. Pa ent: That the Partnership will pay to the City, through its police deparhnent: The rate of regulaz salary plus oveftime salary (not to exceed the 10 yeaz rate) plus regulaz fringe benefits, plus overtime fringe benefits, for a parking enforcement officer, police officer, sergeant, and commander as found in the current Saint Paul Police Federation Contract. Total of which shall not exceed One Hundred Twenty Seven Thousand Dollars ($127,000). Partnership to be billed on a one-time basis for all services to be provided within one (1 } month of completion of service and Partnership to remit payment no more than thirty (30) days from date of invoice. ff in the event the assigned officer/s/ aze called away by the City pursuant to Section 5, Partnership will be reimbursed for services paid on a pro-rated basis. In the event activities are such that in the discretion of the assigned commander, additional hours are needed to fixlfill the terms of the Agreement for a particular day and time, the assigned commander has the authority to continue the police services to complete the scope of services under this Agreement. Any additional time needed as determined by the assigned commander will be bill on a hourly basis. In the event, as determined in the discretion of the assigned commander, either less or more than the agreed upon number of officers is needed at any given time for services under this Agreement, the assigned commanding officer shall relieve or acquire additionai police officers and services as needed. 5. Emergency Recall: Each officer will remain under the City's direction and control, and will be subject to serious police emergency calls for service andlor activarion of any Tactical Alert throughout the city if the need arises. Officers may be called away from the Primary Service Area for duties not related to, or as a result of, activities of the affected area and the evenYs patrons/visitors. 6. Vehicle Pavment: That under this Agreement, vehicle services sha11 be included in the costs for officers. 7. Assignment: The CiTy and the Partnership each binds itself and its successors, legal representatives and assigns of such other party, with respect to all covenants of the o�-���k Agreement, and neither the City nor the Parinership will assi� or lransfer their interest in this Agreement without the written consent of the other 8. Hold Hannless: The Pariuership shall indemnify, save and hold hannless, the City and its police officers assigned under this Agreement from alleged damages or injuries arising directly or indirectly from the Partnership's acts or omissions while performing the work under this Agreement, except with respect to any damages or injuries resulfing from the gross negligence or willful misconduct of the City. 9. Insurance: The Partnership shall provide a Certificate of Insurance naming the City and its employees as additional insurers that relates to Worker's Compensation insurance, general iiability and automobile insurance for damages out of bodily injury and property damages during the performance of the work required pursuant to this Agreement. In the amounts listed below; A. Public Liability Insurance 1. Bodily Injury $1,000,000 each occurrence $1,000,000 aggregate 2. Property Damage $ 300,000 each accident $ 750,000 aggregate B. Automobile Insurance 1. Bodily Injury $300,000 per person $1,000,000 per accident 2. Property Damage Not less than $50,000 per accident Coverage shall include: hired, non owned and owned auto C. Workers Compensation and Employers Liability 1. Workers Compensation per Mn State Statue 10. Employers Liability shall have minimum limits of $500,000 per accident; $500,000 per employee: $500,000 per disease policy limit. 11. Termination: This agreement will continue in full force and effect unril completion of the project as described herein unless it is terminated at an earlier date by either party. Either party to this agreement may terminate it by giving no less than 30 days written notice of the intent to terminate to the other party. Tn the event of terminarion, the Partnership will pay the City for ali services actually, timely and faithfuily rendered up to receipt of the notice of termination and thereafter until the date of termination. The Partnership agrees to give at least 24 hour norice to the City of cancellation of scheduled police services. Failure to give 24 hour notice will result in a 4 hour "cancellarion" charge to the Partnership. 12. Changes in Scope of Services: City or Partnership may request changes that would increase decrease or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. b'�-�y�l 13. Records and Dissemination of Information: The Partnership a�ees not to release, transmit, or otherwise disseminate information generated as a result of this project without prior Irnowledge and written consent of the City. The Partnership agrees to maintain all books, documents, papers, account records, and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such material available at its office at all reasonable rimes during the Agreement period and for six (6) yeazs from the date of the final payment under the contract for audit or inspection by the City or other duly authorized representative. In like manner, if the entire Agreement is terminated, all remaining documents on file with Partnexship shall also, upon request, be made available to City. 14. Equal Opportunitv Empiovment: Partnership agrees that it will not discriminate against any employee or applicant for employment for wark under this Agreement because of race, color, religion, sex, age, or national origin and will Yake affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 15. Conflict of Interest: Partnership agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, coxporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 16. Entire Aareement: It is understood and agreed that the entire Agreement supersedes all oral ageements and negotiations between the parties relaring to the subject matters hereof. 17. Requirement of a Writing; Any alternations, amendments, deletions, or waivers of he provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. 18. Amendment of Aereement: This Agreement may be amended by fixrther mutual written agreement of the parties thereto. �� /�� � IN WITTIESS WHEREOF, the parties hereto have executed this Agreement, the day and yeaz first above written. CITY OF SAINT PAUL, MINNESOTA Coleman Office oF�Fin�ncial Services PARTNERSHIP