HomeMy WebLinkAbout4.l. Leprechaun Days Service Agreement - CITY OF R03EMOUNT
' EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JUNE 6, 1995
AGENDA ITEM: LEPRECHAUN DAYS SERVICE AGENDA SECTION:
AGREEMENT CONSENT
PREPARED BY: SUSAN WALSH AGENDA N���� � �
ADMINISTRATIVE ASSISTANT r �
ATTACHMENTS: SERVICE AGREEMENT APPROVED BY:
The attached agreement between the City of Rosemount and Leprechaun Days
Committee will allow the city to accept donations from organizations who
wish to fund various Leprechaun Days events. City Attorney Charlie
LeFevere drafted this agreement after meeting with Councilmember Busho and
me when we discussed how the city could receive donations for funding of
Leprechaun Days since the Leprechaun Days Committee is not a city
committee. Attorney LeFevere recommended a cantractual agreement between
the city and the Leprechaun Days Committee. This will allow organizations,
businesses and individuals to receive favorable tax treatment from their
donations and further allow organizations to donate proceeds from
charitable gambling.
RECOMMENDED ACTION: MOTION TO APPROVE THE SERVICE AGREEMENT BETWEEN THE
CITY OF ROSEMOUNT AND LEPRECHAUN DAYS AND AUTHORIZE THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT.
SER�TICE AGREEMENT .
BETWEEN THE CITY OF ROSEMOUNT
AND LEPRECHAUN DAYS
THIS AGREEMENT is made this day of , 1995 by and between the Ciry
of Rosemount, a Minnesota municipal corporation (hereinafter referred to as "Ciry") and
Leprechaun Days, a Minnesota association (hereinafter refened to as "Leprechaun Days");
WITNESSETH:
WHEREAS, for a number of years Leprechaun Days has conducted an annual civic
community festival known as Leprechaun Days (hereinafter referred to as "The Community
Festival"); and
WHEREAS, the ciry council of the City has determined that it is in the best interest of
the City and its citizens ta 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 1995;
NOW, THEREFORE, on the basis of the premises and the mutual covenants and
agreements hereinafter set forth, it is agreed as follows:
l. Leprechaun Days will organize and conduct, in cooperation with the city staff, the
Community Festival for 1995, which shall run for�ve 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 sha11 include the
recruitment, selection, training, and managing of such employees and volunteers
as are necessary to conduct the Community Festival, and sha11 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 pernuts and seeking approval of street
closings and other required City action;
CLL85661
RS215-4
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 canducted by
other cooperating organizarions, provided that events may be deleted ar
added with the approval of the ciry 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 Ficnic
7) Bingo
8) Bowl with a Badge
9) Soap Box Derby
10) Bird Feeding Seminar
,l 1) 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
2$) 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.
CLL85661
RS215-4
.
3. In consideration for the services provided by Leprechaun Days, the Ciry will pay
the sum of Fifteen Thousand Dollars ($15,Q00) to be paid no later than
S e p t e m b e r 1 , 1995. In the event the city council.determines that adequate
funds are not available, it may unilaterally reduce the amaunt 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 provided to the City.
5. All services and activities conducted by Leprechaun Days sha11 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
E.B. McMenomy, Mayor .
By
Susan Walsh, Clerk
LEPRECHAUN DAYS
By
Cathy Busho, Chair
CLL85661
RS215-4
I
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, 1995. At anytime prior to July 15, 1995, the city council
determines that adequate funds are not a�ailable, 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 lia.bility with personal injury limits of not less
than $1,000,000 per occurrence and a general aggregate limita.tion 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
E.B. McMenomy, Mayor
By
Susan M. Wa1sh, City Clerk
LEPRECHAUN DAYS
By
Cathy Busho, Chair
Revised 6/6/95 by City Council
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