Fiscal Note
Funds for this program, including the $10,000 donation by MillerCoors, LLC, are included in the Metro Transit 2009 Operating Budget. The proposed indemnification language has been reviewed by the City's Risk Manager. The City's risk exposure is increased by this clause, but the exposure is covered by insurance, subject to its terms and conditions.
Title
Authorizing the Mayor and the City Clerk to accept sponsorship by MillerCoors, LLC in the amount of $10,000 to help offset the cost of providing free expanded transit service on New Year's Eve. The agreement includes an indemnification clause.
Body
WHEREAS the City has provided free, expanded transit service on New Year's Eve for the past 33 year, beginning with grant resources from state Highway Safety funds; and
WHEREAS since the state stopped providing Highway Safety funding for this service, Metro Transit has solicited sponsors from the community; and
WHEREAS MillerCoors, LLC has helped to sponsor Metro's program for the past 15 years; and
WHEREAS the sponsorship agreement contains a provision which requires the City to hold harmless, indemnify and defend against liability, damage, claims or suits which arise out of the City's acts or omissions in connection with the agreement; and
WHEREAS pursuant to APM-1-1, the inclusion of such a provision requires the express approval of the Common Council; and
WHEREAS the provision of expanded service on New Year's Eve is designed to provide better service to our community and cannot be provided without this sponsorship such that the execution of the agreement is in the public interest;
NOW THEREFORE BE IT RESOLVED that the Common Council accepts the sponsorship of MillerCoors, LLC and funding in the amount of $10,000 to help offset the cost of providing free expanded service on New Year's Eve 2009 and authorizes the Mayor and the City Clerk to sign the sponsorship agreement, which includes an indemnification clause.