09-1045Council File # � — 0
GyCen Sheet # 3080156
NTJiA'fJL, MINNESOTA
Presented by
( /
I WHEREAS, the City has determined there is a public purpose served by installing and providing a
2 Downtown Holiday Lights Program that will provide decorative lighting in downtown parks facilitates
3 including Rice Park, Hamm's Plaza, Ecolab Plaza. Landmark Plaza, Mears Park, and Kellogg Park
4 including the transportation and installation of up to three (3) lighted holiday trees at Rice Park. Hamm's
5 Plaza, and Ecolab Plaza; and
7 WHEREAS, Culture Inc has determined thatproviding and promoting the Downtown Holiday Lights
8 Program is a worthwhile project that meets the mission of Culture Inc.
9
10 WHEREAS, the City desires to use the services of the Culture Inc. and Culture Inc. will expend funds for
] 1 said services, and Culture Inc. is qualified to provide such services.
12
13 NOW, THEREFORE, the City Council authorizes Parks and Recreation staff assigned by the Directoi' of
14 Parks to enter into and facilitate the attached agreement between the City and Culture Inc.
15
�' L �
Approved
By.
Adopted by Council� Date ������f
Adopt�on Certified by Counc 1 Secretary
By:
Approve y M y . Date �� L C�
By:
by Department
Approved by Cit � Attbfney �
B ,.,�,
Approved p Ma r for missioy� t oun ']
By. S
f`�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenNOffice/Council: Date initiated:
��1'(D /�
PR Parks and Recreation 15 SEP 2009 Green Sheet NO: 3080156
Contact Person & Phone: ' �
Gary Korum
266-6408
___ _ _ - _ _—_ _.___—_-- - Assign
Must Be on Council Aqenda by (Date): Number
23SEP-09 For
- - -- Routing
Doc.7ype:OTHER Order
AGREEMENTICON7RACT
E-Document Required: N
Document Contact:
Contact Phone:
0
I
2
3
4
5
6
7
Deoartment � SentToPerson Initial/Date �
Parks antl ReCreafion ��_ �� ry}}-----
Parks antl Retreation � � De�rtment AcCOUOtant _��+�I�-
Cd„ Attornev �� Crty Attorney
�
Financial Services Director
--�- on r _ - - _- - - na sis erv -.. ---
-----__— —y- -- ----
_ ' 09�-�°"�-"
'—__-J - _-- --'
Total # ofi Signature Pages _(Clip All Locat�ons for Signature) �
Action Requested: � - � - � - - -- - � - -- -------
Authorization for the appropnate Parks Staff to enter into and facilitate an agreement with Culture Inc. to do the Holiday Lights and ��
decoiations in C�ty Parks ',
'
Recommendahons� Approve (A) or Reject (R)
Planning Commissi0n
CIB Committee
Qvil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1 Has this person/firm ever worked unde� a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not nvrmally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (WNo, What, When, Where, Why): �
Because of decreased funding streams, Parks cou]d not keep the same level of service m the lighting and decoration programs for �
downtown parks. By paRnering with Cuiture Inc. the progcam can provide the same seroice as in the past withoutviolatiing anything 'i
in the Compete Saint section of the AdminisRa[ive Code. i
i
._---- - - --- - - - - - - � - - - --- - - - �- -- - - - -- - -- - - -- -
Advantages If Approvetl:
The program will be able to continve, a program that draws thousands of visitors to downtown Saint Paul durmg fhe winter months.
DisadvanWges If Approved:
----- ----------------------------
None
Disadvantages If Not Approved:
The program will no longer co�tinue.
. . Total Amount of -� -------� - --�- -----� -
Transaction: Cost/Revenue Budgetetl:
Funding Source:
Financial Information:
(ExplainJ
September 15, 2009 1:48 PM
Activity Number.
Page 1
�
b�_�o��
AGREEMENT SETWEEN CULTURE INC.
AND THE CITY OF SAINT PAUL FOR
Installation of the Downtown Holiday Lights Program
This Agreement made and entered into this day of 2009, by and between the
City of Saint Paul, a municipal corporatian under the laws of the State of Minnesota ("City") and
Culture Inc., a Minnesota non-profit corporation duly organized and exisiing under the laws of the
State of Minnesota ("Culture Inc.").
Whereas, the City bas determined there is a public purpose served by installing and providing a
Downtown Holiday Lights Proaram that will provide decorative lighting in downtown parks facilitates
including Rice Park, Hamm's Plaza, Ecolab Plaza, Landmark Plaza, Mears Park, and Kellogg Park
including the transportation and instalia[ion of up to [hree (3) lighted holiday trees at Rice Pazk,
Hamm's P1aza, and Ecolab Plaza; and
WHEREAS, Culture Inc has determined that providing and promoting the Downtown Holiday Lights
Program is a worthwhile project that meets the mission of Culture Inc.
WHEREAS, the City desires to use the services of the Culture Inc. and Culture Inc. wilt expend funds
for said services, and Cultare Inc. is qualified to provide such services.
NOW, THEREFORE, the City and Culture Inc. hereby agree as follows:
L To cooperate on the funding and operation of the 3009/2010 Downtown Holiday Lights
Program, the City wi11 provide C�lture Tnc. an amount not to exceed �80,000.00 for the
installation of the holiday li�hts and trees in the downtown parks.
Culture Inc will be granted the authority to hire an outside contractor to install the lights for the
Downtown Holiday Lights Program, including the transportation and installation of three
seasonal Holida_y trees located at Rice Park, Hamm's Plaza, and Ecolab Plaza under the
following conditions:
a. Culture Inc.'s contractor will meet with the appropriate Forestry staff to coordinate
the allowable times that they may enter downtown parks for the purpose of hanging the
]ights in parks trees.
b. The contractor will work with the appropxiate City staff to coordinate the installarion
of up to three (3) holiday trees located at Rice Park, Hamm's Plaza, and Ecolab Plaza.
c. CuLture Inc. will ensure that their contractor provides the City with proof of genexal
liability insurance ($2M aggregate), auto liability ($1M combined single limit), and
workers compensation. The City should be named as additional insured on the general
and auto liability.
b�- ����"
d. Culture Inc. will provide the City a report which outlines the resulting work related to
the city's financial participation.
3. Culture Inc. agrees that all of its business records, work product and supporting documentation,
as such relate to this aereement, may be inspected or audited by the City upon reasonable
notice, and may be subject to the provisions of Chapter 13, Minnesota Statutes, wiTh which
Culture Inc. agrees to comply.
4. It is agreed 6y the parties that, at all times and for all purposes of this agreement, the
relationship of Culture Inc. to the City shall be that of independent contractor, and not one of
employment or one that could be construed as such.
5. It is understood and agreed that this entire agreement supersedes all oral agreements,
negotiations and prior agreements between the parties relating to tl�e subject matter.
6. Hold Harmless: Winter Carnival will defend, indemnify and hold the City, and its officers,
employees and agents, harmless Prom any and a11 damages, costs or charges it may be required
to pay arising ouf of claims, judgments. suits, losses, damages or expenses for bodily injury,
death or property damage related to the use of the premises for the Event, except to the extent
that any such damages, costs or charges are due solely to the negligence of the City, its officers,
agents or employees.
Dated this _ day of September, 2009.
CITY OF SAINT PAUL
By
Director of Finance
Director of Parks and ftecreation
Approved as to forn�:
By
I�
CULTURE INC
Assista��t Gty Attorney
b�-(6�5
G:�Div�A-SPECIAL SERVICES�Agreements\Wells Fargo WinCerSkate Ice Rink�2009 2010\City and
culture Inc Agreement 2009 -2010 .doc