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HomeMy WebLinkAbout6.f. Event Coordination Agreement - Rosemount High School FoundationEXECUTIVE SUMMARY City Council Regular Meeting: September 5, 2017 AGENDA ITEM: Event Coordination Agreement - Rosemount High School Foundation AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Director of Parks and Recreation AGENDA NO. 6.f. ATTACHMENTS: Event Coordination Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the 2017 Event Coordination Agreement with the Rosemount High School Foundation. ISSUE For the past several months, the Rosemount High School Foundation has been busy organizing activities to help Rosemount High School celebrate its 100th anniversary. The 100th year celebration will take place on September 22 and 23, 2017. On Friday, September 22, the Foundation has planned a RHS Alumni & Community Dance from 7:00pm - 11:00pm at the Rosemount Community Center and on Saturday, September 23 the Foundation is planning to host an Irish Hospitality Center at the Rosemount Community Center from 1:00pm – 4:00pm. The attached Event Coordination Agreement has been developed by the City’s Attorney and is much like the service agreements we have with other local non-profit groups who organize special events in cooperation with the City of Rosemount. BACKGROUND In September of 2016, the City Council met with members of the planning team for the Rosemount High School 100th Centennial Celebration. The City Council communicated their support for the event and staff indicated that we expected the City Council would be asked to enter into an agreement to support the celebration by providing some City facilities and other services to the group at no cost. SUMMARY Staff is recommending the City Council approve the 2017 Event Coordination Agreement with the Rosemount High School Foundation. 504849v2 MDT RS215-7 1 EVENT COORDINATION AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND THE ROSEMOUNT HIGH SCHOOL FOUNDATION THIS AGREEMENT is made this 5th day of September, 2017, by and between the City of Rosemount, a Minnesota municipal corporation (“City”) and the Rosemount High School Foundation, a Minnesota Non- Profit 501c3 entity (“Foundation”). RECITALS WHEREAS, the Foundation is planning several community-focused special events as part of the Rosemount High School 100-Year Celebration (including the RHS Alumni & Community Dance, Irish Hospitality Center, Silent Auction and other events) ; and WHEREAS, the Rosemount City Council has determined that it is in the best interest of the City and its citizens to promote the community and its non-profit organizations and to provide community special events for its residents by entering into an agreement with the Foundation to support their efforts as part of Rosemount High School 100 Year Celebration activities in 2017. NOW, THEREFORE, based on the mutual covenants of the parties and the consideration herein, the City and Foundation agree as follows: 1. Foundation Responsibilities. The Foundation will organize and conduct, in cooperation with the city staff, the activities listed in attachment A, which shall occur on September 22 – 23, 2017. The Foundation’s duties shall include the recruitment, selection, training, and managing of volunteers and independent contractors as are necessary to conduct the Foundation-sponsored activities, and shall include but not be limited to: a. advertising and promotions including the design, production and distribution of flyers, posters, and the development and installation of signs and banners; and b. securing all necessary facility-use permits and all other required City or governmental approvals; and c. soliciting financial support from individuals, businesses and organizations including sponsorships of certain events; and d. compliance with all applicable City policies relating to the Foundation’s use of City facilities. 504849v2 MDT RS215-7 2 2. Independent Contractor. The Foundation and its employees, officers, subcontractors, volunteers, agents, and any others under its control, are independent contractors and 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. The City will not provide any type of benefits in connection with this Agreement. 3. Insurance. The Foundation will maintain liability insurance providing at least the following coverages: Commercial general liability with personal injury and property damage limits of not less than $1,000,000 per occurrence and a general aggregate limit of not less than $2,000,000. The City of Rosemount must be named as additional insured on all such policies and proof of insurance must be provided to the City in advance of the Foundation performing any services or activities under this Agreement. 4. City Responsibility. As consideration for the services provided by the Foundation, the City will allow the Foundation access to recreational facilities owned and operated by the City, at no cost to the Foundation. The City will also provide security at the RHS Alumni & Community Dance and Irish Hospitality Center at no cost to the Foundation. 5. Peddlers’ Licenses. Those possessing current peddlers/solicitors’ licenses cannot be part of the Foundation activities unless they have registered with the Foundation and have been approved by Foundation’s Board of Directors. 6. No Discrimination. All services and activities conducted by the Foundation shall be on a nondiscriminatory basis and in full compliance with all state and federal civil and human rights laws, regulations and rulings. 7. Indemnification. The Foundation agrees to defend, indemnify and hold harmless the City, its officers, employees, and agents against any and all liability, claims, damages, costs, judgments and expenses (including reasonable attorneys’ fees) resulting from an act or omission of the Foundation, its employees, officers, subcontractors, volunteers or agents in the performance of this Agreement. 8. Data Practices. The Foundation agrees to comply with the Minnesota Government Data Practices Act. The Foundation will immediately report to the City Clerk any requests from third parties for information relating to this Agreement. 9. Audits. The Foundation agrees that the City, its Auditor, or any of its authorized representatives, at any time during normal business hours and as often as the City reasonably deems necessary, shall have access to and the right to examine and audit any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement. 10. Applicable Law. The laws of the State of Minnesota shall govern this Agreement. 11. Termination. The City may terminate this Agreement on ten (10) days’ written notice to the Foundation for any reason or for no reason. 12. Assignment. The Foundation may not assign this Agreement without the express written 504849v2 MDT RS215-7 3 consent of the City. 13. Entire Agreement; Amendments. This Agreement is the entire agreement between the parties. Any amendment to this Agreement must be in writing and executed by both parties. 14. Execution in Counterparts. This Agreement may be executed in counterparts by the parties, each of which will be deemed an original, but all of which shall constitute one and the same instrument. 15. Severability. Should any part or portion of this Agreement be deemed illegal or non-binding by a court of law, the remainder of the Agreement shall remain in effect. 16. Notice. Any notice, request or other communication between parties should be directed to the following: a. To City: City of Rosemount ATTN: Dan Schultz 13885 South Robert Trail Rosemount, MN 55068 b. To Foundation: Rosemount High School Foundation ATTN: Jason Nord 3335 142 Street West Rosemount, MN 55068 CITY OF ROSEMOUNT By:_________________________________ William Droste, Mayor By:_________________________________ Clarissa Hadler, City Clerk ROSEMOUNT HIGH SCHOOL FOUNDATION By:_________________________________ Chairperson By:_________________________________ (write in title) 504849v2 MDT RS215-7 4 Attachment A List of Activities to be coordinated by the Foundation: • Friday, September 22 - RHS Alumni & Community Dance sponsored by the Rosemount High School Foundation at the Rosemount Community Center – 7:00pm – 11:00pm Ticket purchases include Black Diamond Catering, a cash bar, live dance music and silent auction. • Saturday, September 23 - Irish Hospitality Center sponsored by the Rosemount High School Foundation - 1:00pm – 4:00pm – Serving beer and wine at the Rosemount Community Center