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08-556Council Rile # � 7� Green Sheet # �$� RESOLUTION '��� Y OF SAINT PAUL, MINNESOTA � � �V PiesentedBy � , �T L � 1 WHEREAS, MTI Distributing, Inc., a turf equipment distributor, wishes to exchange 2 the use of a TORO 3500D 68: SideWinder Rotary Mower by Saint Paul Pazks and Recreation for 3 advertising space at the Midway Stadium; and 4 5 WHEREAS, Parks and Recreation is in need of such a rotary mower, and the value of its 6 use is equal in value to the cost to MTI of advertising space at Midway Stadium; and 7 8 WHEREAS, parties wish to enter into the advertising sponsorship agreement attached 9 hereto: now, therefore, be it 10 ll RESOLVED, that the City Council bereby authorizes the appropriate city officials to 12 enter into the attached agreement to allow MTI to exchange use of a rotary mower for the rental 13 of advertising space. Requested by Department of: 61$� d"" �u�....�,�Tfi�✓ B �� r � . -'� � Fom Adopted by Counc�P Date �j ��' ✓O By: Adoption Certified by Council Sec eta Fom By �� Approved by yor� at � � d By' By _ !�%(aLX�—�b � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �'��� PR — Pazks and Rureation Contact Person & Phone: Vince Gillespie 266-6408 must se on 2&MAY-08 Doc. Type: RESOLUTION I E-DOCUment Required: N � Document Contact: Vmce Giflespie I ContaM Phone: 266-6408 13-MAY-OS � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3053682 0 arks and Recreation 1 arks and Recreatiou De artrnent Director 2 i Attorne 3 a or's Otfice Ma orlASSishant 4 ouncil 5 ity Clerk Ciry Clerk I 6 arks and Recreariou Vince Gillesuie Approve resolution authorizing the appropriate City officials to enter into an agreement with MTI Distributing for City use of field equipment at no chazge, in exchange for advertising at Midway Stadium. iaanons. �+pprove �H� or n Planning Commission CIB Committee Civil Service Commission 1. Has this persoNTirm ever worked under a contract Sor this department? Yes No 2. Has this person/firtn 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 separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): For a number of yeazs, the City has been provided a key piece of Toro field equipment for use at Midway Stadium at no chazge to the City from MTI Distcibutors. In exchange, the City arranges with the St. Paul Saints for sinage far MTI at Midway Stadium. The Co.mcil needs to approve authorization for the appropriate staffto enter into the attached agreement. Advantages If Approved: The City is provided a necessary, new piece of field equipment at no chazge. DisadvanWges If Approved: None Disadvantages If Not Approved: The City would have to expend approximately $2Q000 for the equipment. Transaction: Funding Source: Financial Information: (Explain) V� 1 1 1 CostlRevenue Budgeted: Activity Number: May 15, 2008 10:03 AM Page 1 6�- ��fo ADVERTISING SPONSORSHIP AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND MTI DISTRIBUTING, INC WHEREAS, MTl DISTRIBUTING, INC. (MTI), 4830 Azelia Avenue N., Suite 100, Brooklyn Center, Minnesota 55429, a turf equipment distributor, wishes to secure an advertising space by participaring in a sponsorship agreement with the City of Saint Paul (City) at Midway Stadium, 1771 energy Park drive, Saint Paul Minnesota, 55108 on the outfieid billboards; and WHERBAS, in lieu of payment of sponsorship money, MTI has indicated its desire to provide the use of a TORO 3500D (modei 30839) 68" SideWinder Rotary Mower; and WHEREAS, the City has agreed that the benefit of the use of the equipment is fairly valued at $6,000 per year, and that this is equal in value to the benefit of the advertising{sponsorship space; Now, therefore, in consideration of the mutual agreements and consideration contained herein, the parties agree as follows: MTI will receive a 16' high by 8' wide billboard space behind the third base bleachers at Midway Stadium for a period of one season/year, from April 15, 2008 to October I5, 2008. The sign must cQmply with the policies of the Division of Parks and Recreation and the applicable city ordinances. Finai approval of any dispiay is at the discretion of the City. 2. The City will receive the use of the Toro 3500D Rotary Mower for the same period of time. The City is responsible far a11 maintenance to the equipment during that period of time. The equipment may be used at City-owned locations other than Midway Stadium. During the period of this Agreement it is understood that only City employees in the classification of Parks Worker III or Golf Course Worker III will operate the equipment for the pwpose of grounds maintenance with a masimum use of 300 hours on the mower. 4. The City waives any claims for damage to persons or property caused by the operation of the equipment, except to the extent the damage would be covered by a manufacturer's warranty. 5. At the end of the Agreement term, the equipment wi31 be returned to MTI in good condition, normai wear and tear excepted, and the City shal] be responsible for any damages caused to the equipment during the term of the Ageement for whatever reason. MTI and City acknowiedges the value of the equipment to be �34,173. Notwithstanding the foregoing, damage caused due to manufacturing defects is not the responsibility of the City. Page i of 2 � /-/ ��/' 6. Either party may terminate the Sponsorship Agreement, with or without cause, by notifying the other party in writing and giving at least thirty days written notice of the intent to terminate. In the event of early tennination by either party, no additional compensation wili be sought by either party and the retum of the equipment by the City and the removal ofthe signage sponsoring Toro will complete the termination. Dated this G(�� day of }' F( . , 2008 MTI DISTRIBUTING, INC. i� / � ��'1,� `�� -1�llt��� By its: (,! �/ (� f /' /�f'lGr (�d CITY OF SAINT PAUL in 'ce Director ��' ��� Director of Parks and Recreation _�/ �, �� Approve s to Form Assistant City Attorney Page 2 of 2