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96-678Council File # 9�—L" 16 Green Sheet # 3 9 teS y RESOLUTION OF SAINT PAUL, MINNESOTA 4 5 6 7 8 9 10 11 12 13 14 15 WFIEREAS, the City has agreed to providing these services; and WHEREAS, the Riverfront Corporation has agreed to reimburse the City for expenses as outlined in attachment one of the agreement; and WHEREAS, the tent will be used to host the University of Minnesota Theatre Department's showboat productions in 1996; and WI3EREAS, the tent will be available for other events and for the use of community groups; and WHEREAS, the activities on the river will attract visitors to the Riverfront, and; WHEREAS, the attached agreement between the Riverfront Corporation and the City of Saint Paul outlines the terms and conditions under which the City will operate the tent for the summer; and 16 NOW THEREFORE BE IT RESOLVED, that City staff are directed to execute the 17 attached agreement between the Riverfront Corporation and the City of Saint Paul. Adopted by Council: Date � Adoption Certified by Council Secretary B �' � ��— Approved by Mayor: Dat Le v7 ��. By: � � �%�y"'�^'J Requested by Division of Parks and Recre ' � By : 'iG.G'i�"�'� Form Approved by City Attorney By: , � r--- � l �-' �.-��-!/� Approve b for Submission to Council By: /"✓ � t_� 1 WHEREAS, the Riverfront Corporation has approached the City of Saint Paul and 2 asked that the City manage and operate the Big Top tent owned by the Riverfront 3 Corporation, at Harriet Island; and �o �� 39�� DEPARTMENTNFFlCEtt'AUNCIL DATE INITIATED � � _�� e Parks and Recreation 06/11/96 GREEN SHEE b MITIAUDATE WRIAVDATE CONTACT PERSON & PHONE DEPARTMENT DIA^cCTOR CRY CAUNCIL ViC Wltt enstein 266-6409 ^��" �cmnnoaNer gCITVCLERK MUST BE ON CAUNCILAGENDA BV (DATE) NUMBER FOB O BUDGEr DIRECTOR � FIN. & MGT. SERVICES OIR. POUTING OHDEfl �MpYOR(ORASSISTAN� � Park� TOTAL # OP SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION PEQUE5TED: Signatures of Superintendent of Parks and Recreation, City Attorney, Mayor (or Assistant), and passage of the attached resolution by the City Council. RECOMMENOATIONS: Approve (A) ar Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINCa CqMMISSION — CIVIL SERVICE COMMISSION �� Has this personRirm ever worked under a contrect for this department? CIB CAMMITTEE YES NO �� 2. Has this person/firm ever been a ciry employee? — YES NO _ oISTRICTCOURr — 3. Does this personRirm possess a skill not normall '+ y possessed by any current city empl0yee. SUPPORTS WHICH CAUNCIL O&IECTIVE7 YES NO Explain all yes enswers on separote sheet and attach to green shaet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Who, Whet, When, Where, Why�: The Riverfront Corporation approached the City, asking that we operate, manage and market the tent owned by the Riverfront Corporation. The tent will host the U of M Theater Department's showboat productions plus other events at Harriet Island. The tent will also be made avail- able to community groups for their use. The Riverfront Corporation will reimburse the City for budgeted expenses related to the tent. ADVANTAGES IFAPPROVED: An attraction on the river for residents and non-residents to enjoy. The University will have a home for their productions while their boat is being renovated and we will have a venue far community groups to use. DISADVANTAGES IF APPROVED' None C�L'nC�9 ?��u��'3 �€4aEr .�$�� a�� _� DISADVANTAGES IF NOTAPPROVED. Loss of a recreational opportunity on the river. TO7AL AMOUNT OF TRANSACTION $ -n- F�t� COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItiGSOURCE SnPCIa� SPPVICPC - SnPfIB� Events pCTIVI7YNUMBER 23141 FINANCIAL INFORk"�ATION (EXPLAIN) The Ri verfront Corporati on W� �� reimburse the Ci ty for � t$ C�$t$ 11� ��..�� AGREEMENT This Agreement, entered into this day of June, 1996, between Saint Paul Riverfront Corporation, a Minnesota non-profit corporation, having its principal place of business at 745 Norwest Center Tower, 55 E. Fifth Street, Saint Paul, Minnesota, 55101, hereinafter referred to as "Riverfront" and the City of Saint Paul, a municipal corporation o£ the State of Minnesota, hereinafter referred to as "City". WITNESSETH: WHEREAS, Riverfront is committed to the idea of promoting public entertainment during the summer of 1996 on Harriet Island; and WHEREAS, Riverfront has a tent suitable for large outdoor entertainment which it wishes to rent to City; and WFIEREAS, City is willing to rent the tent, and is willing to operate and manage the tent but does not wish to be financially responsible for its operation; and WHEREAS, Riverfront has agreed to be financially responsible for the expenses listed on Exhibit 1 in excess of revenues from operation of the tent. NOW, THEREFORE, in consideration of the mutual agreements and promises hereinafter set forth and for other good and valuable consideration, the parties hereto agree as follows: 1. Eauipment Riverfront leases to City and City rents from Riverfront a tent and accompanying equipment, described on Exhibit 1, attached hereto and hereinafter referred to as "the tent", for the period from May 1, 1996 to September 30, 1996. City shall pay the sum of One Dollar ($1.00) as rent for the use of the tent, payable at the time of the execution of this agreement. The tent shall be erected on or about June 8, 1996 and shall remain in place until at least September 3, 1996, unless damaged or destroyed, or subject to other agreement by the parties modifying this term. 2. Services City agrees to operate and manage the tent at a site on Harriet Island for the purpose of promoting public entertainment, including but not limited to that provided by the University of Minnesota Showboat Theater. a) City shall make reasonable efforts to book the tent for various entertainments but has no obligation to provide any minimum number of events during the period of the agreement. b) City shall make the use of the tent available to qL-��ld' shall give Riverfront immediate notice of any such attachment or other judicial process affecting the tent. d) City shall not se11, assign, pledge, lend, create a security interest in , or part with possession of the tent or attempt in any other manner to dispose of the tent, without Riverfront's prior written permission. e) City shall cause the tent to be operated and installed in a prudent and cautious manner by competent and qualified personnel in accordance with the applicable vendor's or manufacturer's manual of instructions and in compliance with all applicable laws, ordinances and regulations. 5. Renairs and Replacements At the end of the term of this agreement, City shall at its own expense return the tent to Riverfront at Riverfront's place of business or such other location as Riverfront shall direct, in the same condition as when received, reasonable wear and tear excepted. During the term of this agreement, City shall keep the tent in the same condition and, at its own cost and expense, make all reasonable repairs and replacements necessary for its maintenance and preservation. All such replacement and any alterations, addition or improvements shall immediately become the property of Riverfront. City shall notify Riverfront in writing immediately upon discovery of any loss or damage to the tent. City shall make no alteration, addition or improvement to the tent without Riverfront's prior written consent. 6. Loss and Damaae City shall bear the entire risk of loss, theft, damage or destruction of the tent from any cause whatsoever during the term of this agreement. In the event the tent is lost, stolen, destroyed or damaged beyond repair, City shall, at Riverfront's option, do one of the following: (A) Replace the same with a like tent in good repair, acceptable to Riverfront (B) Pay Riverfront in cash the fu11 replacemenC value of the tent. Upon Riverfront's receipt of payment as set forth above, City sha11 be entitled to the salvage value of the tent, if any. 7. Indemnitv City assumes liability for and shall indemnify and hold harmless Riverfront, its agents and employees from and against all losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements imposed upon, incurred by or asserted against Riverfront in any way relating to or arising out of this agreement or of the use of the tent, but in no event shall the City's liability hereunder-to Riverfront exceed the limits set forth in Minnesota Statute §466.04, nor shall Riverfront counterclaim or crossclaim for contract damages over and above °I�-c.�d' shall give Riverfront immediate notice of any such attachment or other judicial process affecting the �ent. d) City shall not sell, assign, pledge, lend, create a security interest in , or part with possession of the tent or attempt in any other manner to dispose of the tent, without Riverfront's prior written permission. e) City shall cause the tent to be operated and installed in a prudent and cautious manner by competent and qualified personnel in accordance with the applicable vendor's or manufacturer's manual of instructions and in compliance with all applicable laws, ordinances and regulations. S. Repairs and Replacements At the end of the term of this agreement, City shall at its own expense return the tent to Riverfront at Riverfront's place of business or such other location as Riverfront shall direct, in the same condition as when received, reasonable wear and tear excepted. During the term of this agreement, City shall keep the tent in the same condition and, at its own cost and expense, make all reasonable repairs and replacements necessary for its maintenance and preservation. All such replacement and any alterations, addition or improvements sha11 immediately become the property of Riverfront. City shall notify Riverfront in writing immediately upon discovery of any loss or damage to the tent. City shall make no alteration, addition or improvement to the tent without Riverfront's prior written consent. 6. Loss and Damaae City shall bear the entire risk of loss, theft, damage or destruction of the tent from any cause whatsoever during the term of this agreement. In the event the tent is lost, stolen, destroyed or damaged beyond repair, City shall, at Riverfront's option, do one of the following: (A) Replace the same with a like tent in good repair, acceptable to Riverfront (B) Pay Riverfront in cash the full replacement value of the tent. Upon Riverfront's receipt of payment as set forth above, City shall be entitled to the salvage value of the tent, if any. 7. Indemnitv City assumes liability for and shall indemnify and hold harmless Riverfront, its agents and employees from and against al1 losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements imposed upon, incurred by or asserted against Riverfront in any way relating to or arising out of this agreement or of the use of the tent, but in no event shall the City's liability hereunder to Riverfront exceed the limits set forth in Minnesota Statute �466.04, nor shall Riverfront counterclaim or crossclaim for contract damages over and above q �.- ��P those limits. The indemnities contained in this section shall continue in full force and effect, notwithstanding the termination of the agreement. 8. Breach If City fails to maintain and repair the tent as required Riverfront may, but shall have no obligation to, effect maintenance and repairs and charge the costs of those action to City. Termination of this agreement shall not release City from payment of damages sustained by Riverfront. 9. Notices Al1 notices or other documents under this agreement shall be in writing and delivered personally or mailed by certified mail, postage prepaid, addressed to Riverfront at the address set forth above and to the City at the Division of Parks and Recreation, 300 City Hall Annex, Saint Pau1, Minnesota, 55102. 10. Warranties Riverfront makes no warranties or representations regarding the condition of the tent, including the implied warranties of inerchantability and fitness for a particular purpose. This paragraph does not affect any written warranties given by the manufacturer. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the day and year first written above. City of Saint Paul By Director, Division of Parks and Recreation By Finance and Management Approved as to Form: � Riverfront Corporation Its Executive Director Assistant City Attorney qG-�� EXHIBIT #1 Proposed Budget Sonnen Tubes Hardware Fencing Electric & Suppiies Equipment Rental Plumbing Supplies Tent Set Erection/Take Down Aggregates Sound Equipment Rental Lighting Equipment Rental Signage Security Labor - U of M Curtains Contingency Satellites Repairs $ 2,400 5,000 6,000 20,000 3,500 500 6,000 2,000 500 5,000 1,000 15,000 7,500 1,000 5,000 1,500 1,500 $83,400 Exhibit � O � `� ��Y L tAW YSZHI 2 wey speak$rs 2 EAW 152Hi 2 wey waterpr�pf speakers' 4 EAW KFssO thraFS way 6 FAW S860DRD2 Sub wpp{g� 1 �}lW MX800 processor 1 Dennon � 12 Caasette 4 AB Stereo 1I3 band EQ 4 dbx 266 Stereo cotnprsssor4imiter _ 2 Crest CA b Power amp 5 Creyt CA 9 Power amp 1 Yamehe SP�90 1 Laxicon LXP15 '1 Le�n Reflex 1 FOH mixing board Crost Cenfury 32 Ch. x 8 sub '18 Micraphortes: 2 SM SB's, 2 SM 5?'s, 3 Beto 57's, � AKG D1 t2, 4 ATM 35'e, 4 Bet� 58's, Z2 micropnana stands w`th booms 8 Direct bn�ceg i Sneke wlsplittaf 3� Micrapf�one cables various 1 Rosd case for mbdn9 boarct 4 -12 spece reckwlcasfets 6-'12 ga. 100' speakar cables i o AP-8 3peaicer cabies 40 AP-6 cannectors 2 fta�k hamass whijrs with disCOnn�s 3 Sets of AT �eadpnones 1 CS ZZZ Main gtstiort internrn 3 RS-542 Se,'Epec; 2 CG250 DouWe ea� headset 2 CC-85 Singfe ear head�ets 4 iRtarcom cables 1 Set of ATM 'FIY' bars for KFesp's onl�' 1 RiF}girtg equiFment 20- 'i2' squara trusS 4 Truss comsrs 4 Mou�ting pletes fir upright truss 16'8aby &eals' 2 Uttimate Sfands � s EAw SM SooN �9� men�.�rs 2 Crest CA tz q�p9 10 APG speake; cabigg Exhibit 2 continued - 1 Y �� 10 AP4 conneators 'I rack w/casters 1 Steal teirt{pr�mertt {or bpard case 1 POwer Dlstrfbufion w/case" endfeeder 1- So' x 1 so' Eureka 'Genesis' tent with tent poies, etc comp(ste_ ' preseMiy in the po�ssssion of Soutfiem Thurtder Systsms OTHER EMBELUSiiMEN'fS Olympia LighNrtg Produ�ts-Ceffe ChadefieB w/ arrns, gbbgs & pob demps 2 Mesh "Chautauqua` Benners Flags Chain & Cab1e hrdwr PEWS 104 Engraved Brass Ptates {or pe�vs Perrs�rchitectural An6quPs STAGINC3 12' Iong x 6' vvide ramp 810' x 40' stsge deck 42` 1ep sat 8 20' Ieg set d� bracing 42" 1eg seU4. 5 step stair unit w! handrails, long & short sfabitizers, 6' step stalr urrit � 78" tep seU4, 24' leg SeV4. ZB" leg sgt /4, 42' {eg sef/4. 2-Ieg damps, 3'9" bracg. 7'S brace, speed tmil tees 9 TRAILER Trailar Trailer & Tent lhterior embelGahmeMs & Hrdvrr �" 51Te PREPARRTIpN Cement footirtgslrebarlhrawr OTNER ASSETS infomtietion Booth (estimafed donation vniue) �nto booth base Chaulauqua arohway Plcket Fence 8� Ticket 9ooth