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HomeMy WebLinkAbout6.c. Halloween Event – Service Agreement EXECUTIVE SUMMARY City Council Regular Meeting: October 2, 2018 AGENDA ITEM: Halloween Event – Service Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Director of Parks and Recreation AGENDA NO. 6.c. ATTACHMENTS: Proposed Service Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the 2018 Service Agreement with the Halloween Committee ISSUE For the past several years, the City Council has approved a service agreement between the City and the organizers of the Haunted Woods Trail Halloween Event. Staff would like for the City Council to consider approving the proposed 2018 service agreement. This year’s event would take place Saturday, October 27, 2018. BACKGROUND In past years, staff has worked with the Halloween Event Committee and have found them to be well organized and very capable of coordinating a great event. This fall the Committee is again planning on conducting a Haunted Woods Trail in Central Park. For the past several years, the in-kind services provided to the Committee have been very limited. The services have included postage, assistance with picking up pumpkins (two staff and two trucks for three hours), use of Central Park, and traffic/crowd control from the Police Department. RECOMMENDATION The services requested for this year’s event are similar to past years and are viewed by staff as having very minor impact on City operations. Staff is recommending the City Council approve the 2018 Service Agreement with the Halloween Event Committee. 2 SERVICE AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND THE HALLOWEEN COMMITTEE THIS AGREEMENT is made the ______ day of October, 2018 by and between the City of Rosemount, a Minnesota municipal corporation (hereinafter referred to as “City”) and the Halloween Committee, a Minnesota association (hereinafter referred to as “the Halloween Committee”); WITNESSETH: WHEREAS, for a number of years the Halloween Committee has conducted an annual civic festival known as the Halloween Festivity – Haunted Woods Trail (hereinafter referred to as “the Halloween Festivity”); 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 the Halloween Committee to conduct the Halloween Festivity in 2017; NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, it is agreed as follows: 1. The Halloween Committee will organize and conduct, in cooperation with the city staff, the Halloween Festivity for 2018, which shall run one evening, on a date to be agreed upon by Halloween Committee 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 Halloween Festivity, 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; and b. securing all necessary governmental permits and seeking approval of street closings and other required City action; and c. soliciting financial support from individuals, businesses and organizations including sponsorships of certain events. 3 2. The Halloween Committee will undertake the work of this agreement as an independent contractor, and the Halloween Committee 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. 3. The Halloween Committee 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. 4. As consideration for the services provided by the Halloween Committee, the City will pay monies received as contributions in support of the Community Festival. The amount actually paid will be limited to the amount of such contributions received. The City will advise the Halloween Committee, on request, of the status of funds received and funds reasonably expected to be received. 5. All services and activities conducted by the Halloween Committee shall be on a nondiscriminatory basis and in full compliance with all state and federal civil and human rights laws, regulations and rulings. 6. Those possessing current peddlers/solicitors’ licenses cannot be part of the Halloween Committee events unless they have registered with the Halloween Committee and have been approved by the committee. 7. In consideration of the performance by the Halloween Committee of the foregoing, the City will provide in-kind services for the Halloween Festivity including postage, shared advertising, assistance with cleanup, use of a City park, and crowd and traffic control by the police department. CITY OF ROSEMOUNT By:_________________________________ Mayor By:_________________________________ City Clerk HALLOWEEN COMMITTEE By:_________________________________ Halloween Committee Chairperson