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09-529Council File # D -�j � Green Sheet #3070301 PAUL, MINNESOTA Presented by C� 1 WHEREAS, the Taste of Minnesota Festival is a longstanding tradition in the City of Saint Paul; and 2 3 WHEREAS, Capital City Partnership has recently sold its interests in the Taste of Minnesota to 4 International Event marketing, LLC; and 6 WHEREAS, Parks and Recreation wishes to enter into a three year relationship with International Event 7 Markering, LLC to offer them the opportunity to present the Taste of Minnesota Festival; and 8 9 WHEREAS, during the first two years, permit fees far Taste of Minnesota would be reduced the first year 10 (2009) to 40 % ofthe permit costs and second year (2010) to 70 % oFthe permit costs to allow the new 11 owners to establish the Festival with a new format and business plan; now, therefore, be it 12 13 RESOLVED, the City Council finds that there is a public purpose in expenditure of funds through the 14 reduction in permit fees for the first two years by allowing the new owner to expand and improve the Taste 15 o£Minnesota experience, and to continue a festival which provides entertainment opportunities for citizens 16 and brings thousands of visitars to the city; and be it 17 18 19 20 21 22 FURTHER RESOLVED, that the Departrnent of Parks and Kecreation is authorized to enter into agreements with International Event Marketing, LLC to allow International Event Marketing, LLC the option to produce the Taste of Minnesota for the next three years, and to offer reductions in the costs of the permits for the 2009 and 2010 festivals. Adoption C�ert by Cou Lcil Secretary BY� /�'"/ �i" r� Approved by M r: D te �� J By: Requested �b , Departme o : Parks ft ec ti By: Ap ved by the Office of Financia Seroices By: Appioved by Ciry Attorney � B Approve b o r Submission to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b � �a-� / )epaRment/Office/CounciL I Date Initiated: I PR _ParksandRecreation I 08-MAY-09 � Green Sheet NO: 3070301 �� �S � Contact Person & Phone: Gary Korum 266-6408 Must Be on Council Agenda by (Date): Doc. Type: RESOIUTfON E-Document Required: Y Document ConWct: Gary Korum � Assign Number For Routing Order Contact Phone: 266-6408 I � 1 Total # of Signature Pages (Clip Alf Lowtions for Signature) Approval of the Taste of Minnesota's new three yeaz agreement. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a a�ntract for this department? CIB Committee Yes No Givil Seroice Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firm passess a skill not normally possessed by any current 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): Approval of the Taste of Minnesota s new tl�ee yeaz agreement, allowing the new owners, Intemational Event mazketing, LLC Yo pay reduced permit fees during their first two years, as [hey establish the festival with a new format and business plan. Advantages if Approved: Coatinuation of a highly attended and quality communiry event, allowing the new coiporation extended time to meet added permiY expenses not incurred by previous Taste of Minnesota organizezs. Disadvantages If Approved: DisadvanWges If Not Approved: Possible loss of populaz Fow[h of July mainstay event in St. Paul and the economic benefits associated with the event. 7ota1 Amount of Trensaction: Funding Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number. May 8, 2009 11:51 AM Page 1 DRAFT GS3070301 o�-��� THIS AGREEMENT ��Agreement'� is entered into as of this day of , 2009 by and between the City of Saint Paul, through its Division of Parks and Recreation, 400 City Hall Annex, 25 W. 4th Street, Saint Pauf, MN 5510Z �'City'� and Taste af Minnesota, a Minnesota corporation, 1097 Payne Avenue, St. Pau{, MN, 55101 ('Taste") WHEREAS, the Taste of Minnesota festival has been a longstanding tradition in Saint Paul to celebrate the Fourth of July weekend; and WHEREAS, rights to the festival name have recentiy been sold to Internationa{ Event Marketing, LLC; and WHEREAS, Taste wishes to continue the tradition of presenting a public event including music, food and beverages on Harriet Island over the Fourth of July weekend; and WHEREAS, the City agrees that the festival provides a source of entertainment and recreation to the citizens, and attracts visitors to the city; and ¢ublic; WHEREAS, parties wish to work together to insure a successful event for the NOW, THEREFORE, the parties mutually agree as follows: Section 1: Use of Site 1.1. The City agrees to commit to the use of Harriet Island as the site for the Taste of Minnesota festival for a period of up to five years. Exact dates of each year wiil be determined but it is understood that the festivai will include the Fourth of July and dates on either side of the holiday. 1.2 The Taste shal� take place on July 2— July 5, 2009. Annual renewal dates will be established for the following years by agreement of the parties. 13 In the event that Taste wishes to pursue infrastructure improvements or� the Site, parties wilf ineet to discuss the request but the City is not obligated to agree to such changes, nor to fund them. SECTION 2: Payment 2.1 Taste shall pay 40°to of the standard permit and fee schedule for the first year of the festival, 70 % of the standard permit and fee schedule for the second year of the festival and 100% of the standard permit and fee schedu�e for the remaining three years of the Agreement. D� -�a � 2.2 Taste has until June Z6, 2�09 to commit to staging the 2010 festival at Harriet Island. In the event Taste has not committed in writing by that date, the reduction in fees for the second year, listed above, shali be void, and the City shall take action to secure a replacement event. SECTION 3. Compliance With Applicable Law. Taste shall apply for and abide by the Harriet Isiand Event Grounds Permit and its terms and conditions as weil as the Block Party permit from the Saint Paul Police Department, and shall afso comply with ail federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units as they relate to the performance of the provisions of this Agreement. SECTION 4. Assignment Taste shall not assign or transfer its interest in this Agreement without the prior written consent of the City. SECTION 5. Amendment or Changes to Agreement. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid oniy when reduced to writing and duly signed by the parties. SECTION 6. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shali be addressed as follows: To City: 400 City Hall Annex 25 W. Fourth St. St. Paul. MN, 55102 To Taste: 1097 Payne Avenue St. Paul, MN, 55101 SECTION 7. Interpretation of Agreement, Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Any litigation related to this Agreement shalf be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. o�-��q IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. For the City of Saint Paul: For Taste of Minnesota: By Director, Parks and Recreation Approved as to form: Director, Office of Financial Services Assistant City Attorney