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HomeMy WebLinkAbout4.j. Leprechaun Days Service Agreement CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: JULY 2, 1996 AGENDA ITEM: LEPRECHAUN DAYS SERVICE AGENDA SECTION: CONSENT AGREEMENT PREPARED BY: SUSAN WALSH AGENDA ITEM .'lTµ J� .. ADMINISTRATIVE ASSISTANT 't J ATTACHMENTS: SERVICE AGREEMENT APPROVED BY: Attached for city council approval is an agreement between the city and the Leprechaun Days Committee to have the committee undertake the responsibility of putting on Leprechaun Days this year. The dates of the event are July 24 thru July 28. Funds used to pay for many of the events of Leprechaun Days are received from local civic organizations and businesses. This agreement was approved by the city council last year, and I would recommend its approval again. RECOMMENDED ACTION: MOTION TO APPROVE THE SERVICE AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND LEPRECHAUN DAYS. SERVICE AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND LEPRECHAUN DAYS THIS AGREEMENT is made this day of , 1996 by and between the City of Rosemount, a Minnesota municipal corporation (hereinafter referred to as"City") and Leprechaun Days, a Minnesota association(hereinafter referred to as"Leprechaun Days"); WITNESSETH: WHEREAS for a number of ears Leprechaun Days has conducted an annual civic II Y P Y community festival known as Leprechaun Days (hereinafter referred to as"The Community Festival"); and WHEREAS, the city council of the City has determined that it is in the best interest of the City and its citizens to promote the City and its businesses and to provide recreational opportunities for its residents by entering into a contract with Leprechaun Days to conduct the Community Festival in 1996; NOW,THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, it is agreed as follows: 1. Leprechaun Days will organize and conduct, in cooperation with the city staff, the Community Festival for 1996, which shall run for five days which shall be agreed upon by Leprechaun Days and the city council, in accordance with practices and standards of such festivals conducted in past years. Services shall include the recruitment, selection, training, and managing of such employees and volunteers as are necessary to conduct the Community Festival, and shall include but not be limited to: a. advertising and promotions including the design, production and distribution of buttons, flyers and posters, and the development and installation of signs and banners; b. securing all necessary governmental permits and seeking approval of street closings and other required City action; c. soliciting financial support from individuals, businesses and organizations including sponsorships of certain events; and d. conducting the following events or arranging for them to be conducted by other cooperating organizations, provided that events may be deleted or added with the approval of the city council: 1) Medallion Hunt 2) Big Wheel Race 3) Penny Scramble 4) Bathtub Race 5) Open In-Line Skating 6) Leaping Leprechauns and Fun in the Sun Picnic 7) Bingo 8) Bowl with a Badge 9) Soap Box Derby 10) Bird Feeding Seminar 11) Puppets in the Park 12) Fishing Derby 13) Steak Fry Under the Stars 14) Karaoke Contest 15) Music in the Moonlight 16) Cribbage Card Games 17) Run for the Gold 18) Rosemount Family Fitness Walk 19) Co-Rec Volleyball Tourney 20) Jigsaw Puzzle Contest 21) Fluegel's Bunny Day 22) Grand Day Parade 23) Taste of Rosemount 24) Entertainment 25) 500 Tournament 26) Leprechaun Days Street Dance 27) Fireworks Display 28) Pancake Breakfast 29) Sneaky Pete's Garden Tractor Pull 30) Kiddie Parade 31) Blarney Stone Hunt 32) Buddy the Clown 2. Leprechaun Days will undertake the work of this agreement as an independent contractor, and Leprechaun Days officers, employees, volunteers, and agents shall not be deemed agents or employees of the City for any purposes including, but not limited to, income tax withholding, workers' compensation and unemployment compensation. 2 3. In consideration for the services provided by Leprechaun Days, the City will pay the sum of Fifteen Thousand Dollars($15,000)to be paid no later than September 1, 1996. At anytime prior to July 15, 1996, the city council determines that adequate funds are not available, it may unilaterally reduce the amount paid to Leprechaun Days: provided that in the event of such reduction, Leprechaun Days may either rescind this Agreement or renegotiate the services to be provided hereunder. 4. Leprechaun Days will maintain liability insurance providing the following coverages: Commercial general liability with personal injury limits of not less than $1,000,000 per occurrence and a general aggregate limitation of not less than $2,000,000. The City of Rosemount will be named as additional insured on all such policies and proof of insurance will be provided to the City. 5. All services and activities conducted by Leprechaun Days shall be on a nondiscriminatory basis and in full compliance with all state and federal civil and human rights laws, regulations and rulings. CITY OF ROSEMOUNT By: Cathy Busho, Mayor By: Susan M. Walsh, City Clerk LEPRECHAUN DAYS By: Leprechaun Days Chairperson Revised 6/26/96 Ij i:lepagr96.wpd 3 As consideration for the services provided by Leprechaun Days, the City will pay monies received as contributions in support of the Community Festival in an • amount not to exceed Fifteen Thousand Dollars ($15,000). The amount actually 00.<3. paid will be limited to the amount of such contributions received. The City will advise Leprechaun Days, on request, of the status of funds received and funds �' reasonably expected to be received. In the event the amount of monies which will be received in contributions is expected to be less than Fifteen Thousand Dollars ($15,000), Leprechaun Days may negotiate with the City for an amendment to this Agreement providing for such reduction or modification of services as is necessary as a result of such deficiency in contributions. 4. Leprechaun Days will maintain liability insurance providing the following coverages: Commercial general liability with personal injury limits of not less than $1,000,000 per occurrence and a general aggregate limitation of not less than $2,000,000. The City of Rosemount will be named as additional insured on all such policies and proof of insurance will be provided to the City. 5. All services and activities conducted by Leprechaun Days shall be on a nondiscriminatory basis and in full compliance with all state and federal civil and human rights laws, regulations and rulings. CITY OF ROSEMOUNT 3. In consideration for the services provided by Leprechaun Days, the City will pay the sum of Fifteen Thousand Dollars($15,000)to be paid no later than \f September 1, 1996. At anytime prior to July 15, 1996, the city council determines 0 that adequate funds are not available, it may unilaterally reduce the amount paid to Leprechaun Days: provided that in the event of such reduction, Leprechaun Days may either rescind this Agreement or renegotiate the services to be provided hereunder. 4. Leprechaun Days will maintain liability insurance providing the following coverages: Commercial general liability with personal injury limits of not less than $1,000,000 per occurrence and a general aggregate limitation of not less than $2,000,000. The City of Rosemount will be named as additional insured on all such policies and proof of insurance will be provided to the City. 5. All services and activities conducted by Leprechaun Days shall be on a nondiscriminatory basis and in full compliance with all state and federal civil and human rights laws, regulations and rulings. CITY OF ROSEMOUNT By: • • • k At 4e. 407 4.9 V Oar 1,a.