96-696RESOLUTION
SAINT PAUL, MINNESOTA
Presented
Refesed To
Council File # g (. _ � q (�
Green Sheet # �� a
�;��.;, --,
�fUM 20 199�
� CommiftaebaCe
RESOLUTIONINDEMIVIFYINGMACALESTER COLLEGEFOR THE
MARTINLUTHER KING/MECHANIC ARTS/CEN1"RAL ALUMNI ASSOCIATION
TRACKMEET
WHEREAS, the Martin Luther King Recreation Center and the Mechanic Arts/Central Alumni
Association are hosting a track meet on June 22, 1996; and
0
10
WHEREAS, there is no suitable recreation center or other public facility available in the City of
Saint Paul for such a meet; and
WHEREAS, holding track meets and other athletic events for the citizens of the City of Saint Paul to
attend and participate in serves a legitimate public purpose, serves the youth of our City, fosters
stronger communities within the City, and leads to more such events being carried on in the City;
and
WHEREAS, the expenditure of public funds, which includes the promise of indemnification and
defense, for such a purpose will facilitate and enable it to take place; and
11 WHEREAS, Macalester College has agreed to allow its Stadium and athletic facilities at the far
12 southeast corner of the campus, fronting on Snelling and Saint Clair Avenues to be used for the track
13 meet, but on the condition that it be indemnified and held harmless from damages or claims arising
14 out of the holding of the track meet; now, therefore, be it now, therefore, be it
15 RESOLVED, that the Saint Paul City Council hereby finds that the eapenditure of public funds
16 through the indemnification of Macalester College for this event serves a valid and legitimate public
17 purpose; and be it further
18 RESOLVED, that the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby
19 agrees to defend, indemnify and hold Macalester College harmless from any and all damages it may be
20 required to pay as a result of suits, claims, actions, judgments arising out of the said track meet and/or
21 activities connected with such track meet, but only those matters on or in the athletic facilities whose
22 use Macalester College has permitted and consented to and which are heing used in accordance with
23 such permission for such track meet (the "Athletic Facilities"�; and be it finally
24
RESOLVED, that the foregoing defense and indemnification does not cover:
25 (1� casualty loss or property damage to Macalester College property or grounds or facilities;
9�-GqG
26 (2) any other occurrences or events which are not part of the said track meet and which do not
27 occur or take place on the Athletic Facilities used for such meet;
28 (3) in}uries or damages azising from hidden traps or conditions, dangerous conditions or
29 instrumentalities in or on the Macalester College campus or Athletic Facilities, as to which
30 said College had actuai or constructive notice;
31 (4) damages or injuries arising out of lack of security, improper crowd control or control of the
32 participants in the track meet, criminal actions, or assaults, batteries or other acts of violence
33 committed by any person or persons; and
34 (5) any damages or injuries in excess of the City's liability limits as set forth in Minn. Stat. $
35 466.04 (1994).
Requested by Department o£
Bostrom � ✓
Guerin
Hazris
Megard
Rettman
�
Fonm Approved by City Attorney
Adopted by Council: Date By
Adop6on�Certified by Council ecretary
By:
Approved by Mayor for Submission to Council
by Mayot: ,He� � ct V (p B y'
�
�G�.4qG
DEPARTMENT/OFPICE/COUNpL DATE INITIATED O
c�Ty co��a 6/18/96 GREEN SHEE �- 3 6 4 0 2
COMACTPERSpN&PHONE ODEPAHTMENTDIflE ❑GRYCAUNGIL �NRIAUDAtE
Gerry Mclnemey, 266-8610 assicx � cmaTroaNer � cRV c�aK
MUST BE ON CqUNCIL AGENOA BY (OAT� pOMN FOfl O BUDGET DIRECTOR � FlN. & MGT. SERVIGES DIR.
June 19, 1995: Suspension ONDER ��,vaw+ ton nssisrarrn �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACffON f1EOLLESTED:
Approval of resolution indemnifying Macalestei College against potential damages foc which they may be held accountabie
associazed with the Martin Iuthez King/Mechanic Arts/Central Alumni Association Tnck Meet.
RECOMMENOA710NS: Appmve iA) or Reject (A) � PEfiSONAL SERVICE CONTHACTS MUST ANSWER iHE FOLLOWING �UESTIONS:
__ PIANNING COMM7$SION _ CIV0. SERVICE WMMISSfON. �� H2S thls bClSOMIrtn CVe( wofk2d Untlef a COMlBC[ fOf th15 dep2rtmerlt? -
_ C�B CqMM(TTEE _ YES NO
_ STA�F 2. Has this persontErm ever been a city employee?
— YES NO
_ DisiAiCi cOi1Fi7 _ 3. Does this person/firm possess a skill not normally possessed by any curreM cily employee?
SUPPORTSWHICHCOUNCILO&IECfIVET YES NO
Explafn all yes answe�s on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV (Wha, W�at, When, Where, Why):
The opportunity fox ihe Martin Luther King Recreation Center and others to host a uack meet. .�
'i P Ee•' � � P
�..:.� •� �'�
•.� � � �
�
ADVANTAGESIFAPPROVED:
The participants of ffie track team for the Martin Luther King Recreafion Center would have the oppo�ty to host a track meet.
DISADVANTAGES IFAPPROVED:
None.
DISADVANTAGES IF NOTAPPROVED:
The participants of the Martin Luther King Recreation Center uack team would not have the opportunity to host a track meet.
TOTAL AMOUNT OF TRANSACTION $ COST/pEVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIHG SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)