89-1308 WHITE - C�TV CLERK COUIICII
PINK - FINANCE
CANARV - DEPARTMEN T G I TY SA I NT PA IT L
BLUE - MAVOR File NO. �_ ���
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Coun i Resolution : ��
Presented By
Referred To Committee: Date
Out of Committee By Date
Resolved, that the pro e City officials are hereby authorized
and directed to execute an g eement with District Planning Council
14 pertaining to the operat' o of a Kids Park at Groveland Recreation
Center subject to the terms a d conditions setforth in said agreement,
a copy of which is to be ke t on file and of record in the Department
of Finance and Management S r ices.
COUNCIL MEMBERS Requested by Department of: �� ,
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Adopted by Council: Date �
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Certified Yas• Council S ta BY
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Appro y i4lavor at u I�� Appro e y Mayor Eor Sub ' io ` cil
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DEPARTMENTIOFFlCEICOUNqL � DATE NfT1A D
Comnuni ty Servi ces 6/ 0/ 9 GREEN SHEET No. ����p��
CONTACT PER80N Q PHONE DEPARTMENT WHECTOR �CITY WUNqL
Vi nce Gi 11 espi e 292-7400 cmr�rroa►a�r 0 cirr c��c
MU3T 8E ON WUNpL AOENDA BY(DAT� NQ BUD(#ET DIRECTOR FlN.8 MQT.SERVICES DIR.
�MAYOR(OR ASSIST � �2$ 1 Q
TOTAL N OF SIGNATURE PAOEB � � (CLIP ALL LOCATIONS FOR SIGNATUR�
ACTION RE�UEBTED: O �n��
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Approval of agreement between KidsP rk and City of St. Paul �'�'�` ��� REC�IVED
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RECO�My1ENDATIONS:MP►ove W a Relect(R) COU L REPORT OPTIONAL
_PLANNINO COMMISSION _CIVII SERVICE COtdMI8S10N ��'Y T PFIONE NO. C��
_p8 GOMMITTEE _
OOMM NTB:
_STAFF _
—D18TR1�001f� — AYOR'S OFFICE
SUPPORTS WNICFI COUNpL OBJECTIVE7 J lJ L O c) '198(�
INITIATINO PROBLEM,18SUE,OPPOHTUNITY(Who�What.WMn�WMro.Whyg + k sr�`� y ` � �.
�flIT��' � �� � ������
To provide short term, flexible time hi d Care. RECEIVED'
J U L 1 01989
Commwitty Services
ADVANTAOES IF APPF�VED: '
To benefit the community with more af or ble Child Care options.
DISAOVANTAOES IF APPF�VED:
None
01$ADVANTAOES IF NOT APPROVED: '
Reduction of low cost services availab e o the public.
Council Research Center.
J U L 121989
TOTAL AMOUNT OF TRANSACTION 2065.5O COST/REVENUE BUDOETED(CIRCLE ONE) YES NO
FUNDINO SOURCE Speci al Servi ce Enterpri se Fu d ACTIVITY NUMBER 23102
FlNANCIAL INFORMATION:(D(PWN) '
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� AG EEMENT C�
THIS AGREEMENT made and e fe tive this day of by
and between the City of Saint au , Minnesota, a municipal corporation
organized and existing under t e aws of the State of Minnesota, �
hereinafter referred to as "CI Y" and KidsPark under the auspices of
the District 14 Community Coun il a Minnesota non-profit corporation,
320 S. Griggs St. , St. Paul, 5105; hereinafter referred to as
"COUNCIL".
WITNESSETH:
WHEREAS, CITY is the owne o certain property known as the
Groveland Recreation Center - s a onal building which is located within
the corporate limits of the Cit f Saint Paul, at 1961 St. Clair
Avenue; hereinafter referred to a "CENTER".
WHEREAS, CITY desires to p o ide from and through the CENTER short
term, flexible day time child c r (babysitting) known as KidsPark for
the area south of University Av n e and west of downtown.
WHEREAS, CITY has historic 1 y sponsored and promoted human
services activities of the sort a d nature which have helped and
benefited the social, recreatio a , health, educational, and the
general well-being of the resid n s of the Saint Paul community and
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WHEREAS, CITY and COUNCIL a determined that the residents of
Saint Paul would experience an f ctive delivery of human services if
COUNCIL leased CENTER, and mana e KidsPark on a transition basis until
it becomes an independent non-p o 't organization.
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NOW, THEREFORE, in cons�de a ion of the mutual and reciprocal
agreements and promises hereina t r set forth and for other good and
valuable consideration, the par i s hereto agree and have agreed to as
follows:
1. Leased Premises. CITY a rees to lease and COUNCIL does hereby
lease space in the CENTER, spac eing more particularly described as
warming room, office, office st r ge and restrooms. (This does not
include garage storage room) . e Exhibit A. CITY agrees to permit
and hereby authorizes COUNCIL t rovide human services programs and
activities therein, subject to h restriction stated herein.
2. Term of I,ease. The te of this agreement shall be one year
and commence as soon as KidsPar 's properly licensed. The COUNCIL and
CITY may renew this lease for a t ird year upon subsequent written
agreement.
3. IIse of Premises. The r mises shall be used and occupied by
the COUNCIL for the following p r ose and for no other purpose without
the prior written consent of CI Y• To provide drop-off, licensed baby-
sitting services for babies, to d ers and pre-schoolers. The hours
shall be 9 A.M. to 3 P.M. , Mond y Friday, during the school year.
Above spaces must be accessible f r recreation programs before and
after contract hours. The prog a shall be conducted under t�ie
direction of advisory committee COUNCIL will see to it that the
program meets all applicable li e sing requirements. Equipment and
supplies may be stored in the C N ER, in the office storage room,
during the summer months when K'd Park is not in operation.
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4. Basic Rent. In consi er tion of the monthly rent of $229.50
to be paid by COUNCIL, for mon hs September through May, the CITY
hereby leases those portions o i s facility set forth on Exhibit A.
The first payment to be made w n the program opens and subsequent
payments to be made on the firs ay of each month through �
May 1, 1990. The CITY will pay c sts of utilities, including but not
limited to water, heat and elec r'city.
COUNCIL shall make all pa e ts of Basic rent and Cost
Reimbursement to CITY at the fo 1 ing address:
Supervisor of Recreation, 300 C t Hall Annex, 25 W. 4th St. ,
St. Paul, Minnesota 55102.
5. Cost Reimbursement. T e OUNCIL shall reimburse CITY for all
amounts, other than Basic Rent ro ided for in paragraph 4 above, which
COUNCIL is or may become obliga ed to pay under this paragraph or other
provisions of this Lease. Cost Re mbursement includes, but is not
limited to, the following fees, co ts and expenses: (a) telephone, and
(b) costs for the repairs, impr e ents or alterations required to be
made by the COUNCIL in paragrap 1 of this Lease.
6. Personnel. COUNCIL sha 1 bear all costs and responsibility
for operation of its programs an ersonnel administering its programs.
The COUNCIL shall notify CITY in w iting of all personnel who;�will be
stationed at the CENTER.
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7. The Advisorv Committe . An Advisory Committee of parents and
professionals will be formed t m ke recommendations on program
management. The role of the A i ory Committees will be spelled out in
the Procedures Manual required in Paragraph 13. The CITY will appoint
and the COUNCIL will confirm a o ing representative, to serve on the
KidsPark Advisory Committee.
8. Manaqement and Technic 1 Assistance. At all times during the
term of this lease, the CITY sh 1 have the right, by itself, its
agents and employees to enter i t and upon the leased premises during
reasonable business hours for t e purpose of examining and inspecting
facility and program activities. During these visits, oral
recommendations may be given to s aff in charge. These recommendations
will be followed by a written r p rt, within 48 hours, to the Contract
Administrator.
9. Indemnification. The I Y acknowledges that under this
Agreement the COUNCIL will be p o iding services to the community which
might otherwise be provided by h CITY. Accordingly, the CITY agrees
to indemnify, defend and hold h less the COUNCIL, its directors,
officers, agents and employees r any and all liabilities, claims
actions and judgements arising u of or in connection with the
COUNCIL'S use of the CENTER dur n the term of this Agreement„�
including the child care activi i offered by the COUNCIL, and in
connection with claims against h COUNCIL, its directors, officers,
agents, and employees, relating t use of the CENTER by KidsPark.
(District 14 or its members may no hire other counsel without
permission of the CITY, which p rm'ssion will not be unreasonably
withheld) .
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This indemnification shall not ap ly to any claims for taxes owing to
the State or Federal Governmen . Indemnification will be provided by
CITY at a level up to the stat o y limits of $200, 000 per individual
claim and $600,000 in the aggre a e. In addition, cost of defense will
be borne by the City. Any liab'1 ty over and above said limits will be
assumed by COUNCIL. The COUNCI grees to give the CITY prompt notice
of any claim and to cooperate w t the CITY in the investigation and
defense of such claim. Nothing i this Agreement shall require the
CITY to indemnify any person fo 's, her or its wilful misconduct, nor
shall anything in this Agreemen quire the CITY to indemnify any
person other than the COUNCIL, ts directors, officers, agents and
employees. The obligations of he CITY under this paragraph shall
survive the termination of this Ag eement, but only with respect to
claims, liabilities, actions an j dgements relating to actions or
omissions of the COUNCIL, its d're tors, officers, agents and employees
during the term of this Agreeme .
10. Cancellation or Termin i n. This lease shall be subject to
cancellation and termination by i her party at any time during the
term hereof by giving the other a ty notice in writing at least thirty
(30) days in advance of the date w en such termination shall become
effective. �,
11. Notice. All notices he e' provided to be given, or which may
be given by either party to the t r, shall be deemed to have been
fully given when served personal y n CITY or COUNCIL, or when made in
writing and deposited in the Uni ed States Mail, certified and postage
prepaid, and addressed to the CO NC L at the address stated on Page 1
and to the CITY, at the Division of Parks and Recreation, 300 City Hall
Annex, Saint Paul, Minnesota 551 2 . The address to which the notice
shall be mailed may be changed b w itten notice given by either party
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to the other. Nothing herei� ha 1 preclude the giving of such address
change notice to personal serv'ce
12. Assignment and Sublet in . COUNCIL shall not assign or sublet
CENTER.
13. Reports. COUNCIL will b expected to develop the Procedures
Manual that is approved by CITY p ior to start-up of program.
Procedures Manual will include u not be limited to the following:
Emergency procedures, detailed r gram ingress and egress, release
procedures, complete financial e ort of all income and e�enditures
and report forms for agendas an inutes of advisory committee
meetings.
14. Participant Aaivers. I will require COUNCIL to receive
from each participant in their t ctured events a form signed by the
participant's guardian that hol s armless the COUNCIL and the CITY
from all claims resulting from c 'dents. See Exhibit B for Parks and
Recreation form to be adapted b C UNCIL for KidsPark.
15. Publicity. COUNCIL wi 1 rovide to CITY copies of all flyers
and programs sent to the commun ty at time of distribution.
16. Surrender of Premises. T e COUNCIL, at the expiration of said
term, or any sooner termination of this lease, shall quit peacefully
and surrender possession of sai p operty and its appurtenanc�s to CITY
in as good order and condition s he property was delivered to the
COUNCIL, normal wear and tear e pe ted.
17. Comtiliance with Laws. h property described herein may be
used for only the purpose state h rein. It is the sole and exclusive
responsibility of the COUNCIL i t e use of the property to comply with
any and all laws, rules, regulat'o s, ordinances and obtaining of
licenses imposed by any jurisdic i n affecting the use to which the
property is proposed to be put.
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All parties shall abide.- by a 1 such rules and regulations mutually
agreed upon and established by i her party or by governmental
regulations current and future o insure safe, sanitary, fire and
health protection to all person .
The COUNCIL shall, at its x ense, make any changes to the CENTER
necessary to cause the CENTER t e in compliance with such laws,
rules, regulations and ordinanc s with the exception of constructing a
fire wall separation and making t e center handicapped accessible.
18. Maintenance. CITY sha 1 be responsible for routine repairs,
maintenance and upkeep of cente nd emergency repairs to keep the
CENTER safe and in good repair. ITY WILL be responsible for upkeep,
mowing and clearing of snow in u side areas adjacent to the CENTER.
COUNCIL shall be responsible, ts own cost and expense, for such
repairs and maintenance if the a se of the damage or condition
necessitating the repair or ma' t nance is due solely to the negligent
failure of COUNCIL to supervis p rticipants in the COUNCIL-sponsored
activities during such activit' s The aforementioned maintenance will
be provided at the same level rovided at neighborhood centers with
wear and tear e�cpected. COUNC hall be responsible for all
housekeeping for the interior f he CENTER and exterior maintenance if
they desire more frequent serv' e �,
19. Worker�s Com ensation. or all purposes of this Agreement the
COUNCIL shall be deemed to be n ndependent contractor, and not an
employee of the CITY. Any and al claims that may arise under the
Worker's Compensation Act of M'nn sota shall in no way be the
obligation or responsibility o t e CITY.
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20. Contract Administrator . The Contract Administrator for the
CITY is Vince Gillespie or such o her person designated in writing by
the CITY. The Contract Adminis r tor for the COUNCIL is
Kathie Tarnowski or such person d signated in writing by the COUNCIL.
21. Operations. The CITY i 1 provide COUNCIL with a copy of the
Parks and Recreation Division A m' istrative Guide for operating
recreation centers and explain n train employees of COUNCIL on use of
forms and procedures to success ul y utilize CENTER, , including forms
for attendance, accident, incid n , and vandalism.
IN WITNESS WHEREOF, the par ie have set their hands the date first
above written.
AP O ED T O . T OF SAIN `
� L
Assistan ity A to ey ayor
DISTRICT 14 COMMUNITY COUNCIL
Director, Department of Finance and
anagement Services
by .
t , epartment f Community
its Services
by
its Contract Administrator Contract Administrator
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