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87-892 WHITE - CI7V CLERK PINK - FINANCE COUACII CANARV - OEPARTMENT GiTY' OF SAINT PALTL File NO• � ��� BLUE - MAVOR _ Cou 'l Resolution � Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the proper City officials are hereby authorized and directed to execute an Agreement with the Lexington-Hamline Community Council concerning the management and control of Dunning Park and the Council of the City of Saint Paul does hereby approve the terms and conditions of said Agreement , including the indemni- fication by the City of the management activities of the Lexington- Hamline Community Council exercised at Dunning Park, a copy of said Agreement to be kept on file and of record in the Department of Finance and Management Services . COUNCILMEN Requested by Department oE: Yeas �� Nays � Nicosia � CQIM]11111t �21"VlCP.S Rettman IQ FevO[ Scheibel � � Sonnen __ Agei[lSt �a Wilson JUN � 8 ��7 Form ed by ity tto Adopted by Council: Date c � Certified Va s d y ncil S ret BY , B}� Appr by :Navor: _��UN 2 � I�7 Approve Mayor for Sub i sio t Council Pl�E.6�� _ .,.� � � 1��� Communi ty Services DEPARTMENT ��7��� �T° _09293 Jerry� Pri 11 � COPITACT 7408 , PHOM� - 6/2/87 DATf . �„i�� . e� � I�SSIGN NUMBER FOR ROUTING ORDER (Clip A11. Locations for Signature}: - 1 Department Director Director of Management�Nlayor � Finance and Management Services Director - � City Cler�C Budget Director —2" Counci member Wilson City Attorney y1HAT WI�L BE ACHIEVED BY' TAK�NG ACTION ON TME ATTACHED MATERIALS? (Purpose/ Rationale) : Autf�orize a demonstration �ro.iect betw�en the City of ,Saint Paul and the Lex.a.ngton-. Hamline Cor�nunity Gouncil to operate Dunnin� Recreaton Center. . City indemnifies Council from liability arising out of management activities at Dunning Recreation Center. � COST/BENEFIT, BUDGETARY AND PERSOKNEL IMPACTS ANTICIPATED: N/A . FINANCING SOURCE AND BUDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa- • � ture not re- � Total Mwurtt of "Transaction: quired ifi under � $10,000) . Funding Source: Activity Number: �RECEIVED ATTACHMENTS (List and Number Al l Attactunents) : ��N 5 '��$7 , . . �oun�>> REso�.ution CITY A�'T4RNEY Agreement - _ DE�ARTMENT REVIEW CITY� ATTORNEY RfVIEW Yes No Council Resolution Required? ' Resolution Required7 Yes No Yes x No Insurance Required? Insurance Sufficient?` Yes No Yes X No Insurance A�tached: (SEE �REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 '4.. � - � � . . � ,� �9-�c � � . ��7- � �� AGREEMENT THIS AGREEMENT made and effective this day of by and between the City of Saint Paul , Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "CITY," and Dunning Park Management and Coordination Project under the auspices of the Lexington-Hamline Community Council , 1385 Selby Avenue, St. Paul , MN. 55104; hereinafter referred to as "COUNCIL." WITNESSETH: WHEREAS, CITY is the owner of certain property known as the Dunning Recreation Site which is .located within the corporate limits of the City of Saint Paul , and said property is legally described in Exhibit A attached, hereinafter referred to as "CENTER;" WHEREAS, CITY desires to provide from and through the CENTER a comprehensive program of recreation, service, and opportunities for all segments of the Lexington-Hamline Neighborhood; WHEREAS, CITY has historically sponsored and promoted human services activities of the sort and nature which have helped and benefited the . social , recreational , health, educational , and the general well-being of the residents of the Lexington-Hamline Neighborhood; and WHEREAS, CITY and COUNCIL have determined that the residents of the Lexington-Hamline Neighborhood would experience an effective delivery of human services if COUNCIL leased and managed the CENTER, under a demonstration project. -1- � � � � � � - • � �-,_ �� NOW, THEREFORE, in consideration of the mutual and reciprocal agreements and promises hereinafter set forth and for other good and valuable consideration, the parties hereto agree and have agreed as follows: 1. Leased Premises. CITY_agrees to lease and COUNCIL does hereby lease the CENTER, CENTER being more particularly described in Exhibit A appended hereto and made a part of this Agreement. CITY agrees to permit and hereby authorizes COUNCIL to provide human services programs and activities therein, subject to the restriction stated herein. 2. Term of Lease. The term of this agreement shall be one year and commence on the date first written above. The COUNCIL has the option to renew this lease for a second year by giving written notice to the CITY 45 days prior to the expiration of the initial term. 3. Use of Premises. The premises shall be used and occupied by the COUNCIL for the following purpose and for no other purpose without the prior written consent of CITY: To offer general recreation activities to meet the needs of the community served by Dunning Park. COUNCIL will submit a programming plan, to the CITY, within 60 days of the•execution of this contract. Changes in the plan will be communicated to the CITY. The parties acknowledge that third parties including Central High School and Concordia College may from time to time use the CENTER and such use may not be in connection with a COUNCIL sponsared activity. The CITY agrees that the COUNCIL shall have no liability with respect to such use at the CENTER by third parties. 4. Basic Rent. The yearly rental rate shall be one dollar (�1.00} : payable on or before April 1 of each year that this Agreement is in effect. -2- . ��-,_��� 5. Personnel . COIJNCIL shall bear all costs and responsibility for operation of its programs and personnel admin�istering its programs. The COUNCIL shall notify CITY in writing of all personnel who will be stationed at the CENTER. 6• The Manaaement Committe,e. The CITY will appoint and the COUNCIL will confirm a voting representative, to serve on the Dunning Park � Management Committee. The CITY will submit the name of its appointee to the COUNCIL. 7. Management and Technical Assistance. At all times during the term of this lease, the CITY shall have the right, by itself, its agents and employees to enter into and upon the leased premises during reasonable business hours for the purpose of examining and inspecting facility and program activities. During these visits, oral recommendations may be given to leader in charge. These recommendations will be followed by a written report, within 48 hours, to the Gontract Administrator. 8. Indemnification. The CITY acknowledges that under this Agreement the COUNCIL will be providing services to the community which might otherwise be provided by the CITY. Accordingly, the CITY agrees to indemnify and defend and hold harmless the COUNCIL, its directors, officers, agents and employees, from any and all iiabilities, claims, actions and judgements arising out of or in connection with the COUNCIL'S use of the CENTER during the term of this Agreement, including the recreational activities offered by the COUNCIL, and in connection with claims against the COUNCIL, its directors, officers, agents, and employees, relating to use of the CENTER by third parties. The COUNCIL agrees to give the CITY prompt notice of any claim and to cooperate with -3- � � � � � � � ��- ��� the CITY in the investigation and defense of such claim. Nothing in this Agreement shall require the CITY to indemnify any person for his, her or its willful misconduct, nor shall anything in this Agreement require the CITY to indemnify any person other than the COUNCIL, its directors, officers, agents and employees. ,.The obligations of the CITY under this paragraph shall survive the termination of this Agreement, but only with respect to claims, liabilities, actions and judgements relating to actions or omissions of the COUNCIL, its directors, officers, agents and employees during the term of this Agreement. 9. Cancellation or Termination. This lease shall be subject to cancellation and termination by either party at any time during the term hereof by giving the other party notice in writing at least ninety (90) days in advance of the date when such termination shall become effective. 10. Notice. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when served personally on CITY or COUNCIL, or when made in writing and deposited in the United States Mail , certified and postage prepaid, and addressed to the COUNCIL 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 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. 11. Assignment and Sublettina. COUNCIL shall not assign or sublet CENTER without the written consent of the CITY, which must be obtained prior to the execution of any agreement to sublease CENTER. COUNCIL may charge a reasonable fee, not to exceed cost to others. -4- � �� � � � � �9� 12. Maintenance and Repairs. a. General Maintenance. CITY shall , at its own cost and expense, be responsible for all repairs, maintenance and upkeep of CENTER including but not limited to emergency repairs of any kin,d; routine maintenance and repair to keep CENTER in gaod repair, safe and in compliance with applicable fire, health, building and other life safety codes; and all repairs and maintenance needed to keep the buildings or structures at CENTER in good condition, including the exterior and interior of the building or structures; the roof or roofs; the heating and ventilating systems therein; and all electrical , plumbing, lighting, and mechanical systems including windows. COUNCIL shall be responsible, at its own cost and � expense, for such repairs and maintenance if the cause of the damage or condition necessitating the repair or maintenance is due solely to the negligent failure of COUNCIL to supervise participants in the COUNCIL-sponsared " activities during such activities. The aforementioned maintenance will be provided at the same level as provided at part-time centers with wear and tear excepted. See Exhibit B for additional information on maintenance service. b. Housekeeping. COUNCIL shall be responsible for all housekeeping for the interior of the CENTER and will keep the premises in a neat, clean and repairable condition. CITY will provide COUNCIL with"`all the necessary ,.. , � -5- . _ , . , (/� �7_�q� maintenance supplies and equipment to carry out the interior housekeeping and exterior maintenance required by this agreement, at the same level as part-time centers. See Exhibit B for additional information on custodial supplies. „ c. Waste Removal . The CITY shall place equipment for and provide for the scheduled removal of all solid waste generated by the COUNCIL'S use of said sites and facilities, on the same basis as part-time centers. d. Grass Cutting and Snow Removal . The CITY shall be responsible for all grass cutting on the CENTER site. This shall not include weed control nor fertilization. This will be done on a scheduled basis as provided to part-time centers. CITY shall also be responsible for all perimeter snow and ice removal or sanding including the parking lot and driveways. COUNCIL shall be responsible for snow removal on steps and walkways leading to the public sidewalk. CITY shall be responsible for snow * removal from any hockey rink or general skating rink as provided to part-time centers. Snow removal shall take � place after each accumulation of more than two (2) inches of snow. e. Utilities. The CITY agrees to furnish meters for all utilities including, but not limited to water, gas, electricity, and sewer. CITY shall pay all utility bills incurred at CENTER based upon normal usage. Normal useage -6- . . � �_ ��a is considered to be a comparison with past useage at the CENTER and at part-time centers. One phone instrument and local phone service, except long distance and toll calls, will be provided by the CITY. f. Alterations. COUNCIL shall have the right to make such interior and exterior changes, additions or alterations that COUNCIL may from time to time desire to make, provided that prior written approval of the Superintendent of the Division of Parks and Recreation for CITY is obtained. 13. Kevs• CITY shall re-core locks and issue ten (10) keys to CENTER to COUNCIL for their d�istribution to COUNCIL representatives. COUNCIL will inform CFTY of persons who receive keys. CITY personnel as necessary shall also be issued keys to CENTER. CITY will inform COUNCIL of persons who receive keys. 14. Supplies, EQUipment,, and Citvwide Programs. CITY will provide COUNCIL those recreational supplies, equipment and opportunities for participation in citywide programs (See Attachment B-2) as prorated ta part-time recreation centers. The CITY will provide, if requested by the COUNCIL, materials for a hockey rink and a general skating rink, as well as preparation of the land, set up and take down of the rinks. 15. Trainina. All COUNCIL staff inembers and all volunteers who will be involved in the operations at Dunning shall go through initial training sessions, including any safety training programs, which are provided by Community Services, Parks and Recreation, for volunteers and -7- . .. ��7��a staff. COUNCIL will be notified at least thirty (30) days in advance of training sessions. See Exhibit B for a list of training courses presented by the CITY. COUNCIL must meet all current Parks and Recreation requirements regarding the use of certain equipment for sponsored events or activities. 16. Re�orts. COUNCIL will be expected to use the following CITY forms and reports, and submit them to the Recreation Office according to the same schedule as other centers: Attendance, Financial , Accident, Incident, Vandalism, Volunteer, School Use of Recreation Facilities, and Field Use Permit. See Exhibit C for form copies. 17. Participant Waivers. CITY will require COUNCIL to receive from each participant in their structured events a form signed by the participant or the participant's guardian that holds harmless the COUNCIL and the CITY from all claims resulting from accidents. See Exhibit C for form copies. � 18. Publicitv. COUNCIL will provide to CITY copies of all flyers and programs sent to the community at time of distribution, . 19. Surrender of Premises. The COUNCIL, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said property and its appurtenances to CITY in as good order and condition as the property was delivered to tfie COUNCIL, normal wear and tear excepted. 20. Compliance with Laws. The property described herein may be used for only the purpose stated herein. It is the sole and exclusive responsibility of the COUNCIL in the use of the property to comply with any and all laws, rules, regulations or ordinances imposed by any -8- . . C?��'-�g� jurisdiction affecting tf�e use to which the property is proposed to be PUt- Al1 parties shall abide by all such rules and regulations mutually agreed upon and established by either party or by governmental regulations current and future t,o insure safe, sanitary, fire and health protection to all persons. The CITY shall , at its expense, make any changes to the CENTER necessary to cause the CENTER to be in compliance with such laws, rules, regulations and ordinances. 21 . Nondiscrimination. The COUNCIL, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: a. no person, on the ground of race, sex, color, creed, religion, age, disability, marital status, status with respect to public assistance, or national origin or ancestry shall unlawfully be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, • b. in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection of employees and contractors, by contractors in the selection and retention of first-tier sub-contractors, and by first-tier subcontractors in the selection and retention of second-tier subcontractors. c. such discrimination shall not be practiced against the public in their access in and use of the facilities and services provided -9- � ,.� � . � � � ���a for as public accommodations (such as eating, sleeping, rest, and recreation) constructed or operated on the Leased Premises. d, the COUNCIL shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legislative Code Chapter 183. (See Exhibit D) . 22. Evaluation. The CITY and COUNCIL will jointly choose an outside, independent evaluator to perform an ongoing, formative evaluation of this project. CITY and COUNCIL will work with the evaluator to develop the design of this evaluation. Both parties reserve the right to comment on the evaluation. COUNCIL and CITY will promptly provide any information necessary to assist in evaluation of the project when requested by the evaluator. This necessary information will be based upon the design of the evaluation. 23. Workers' Com ensation. For all purposes of this Agreement the COUNCIL shall be deemed to be an independent contractor, and not an employee of the CITY. Any and all claims that may arise under the Workers' Compensation Act of Minnesota shall in no way be the obligation or responsibility of the CITY. �,4. Fundina. The CITY and COUNCIL will use its resources and best efforts to seek funding far this project. 25• Contract Administrators. The Contract Administrator for the CITY is Gerald W. Prill or such other person designated in writing by the CITY. The Contract Administrator far the COUNCIL is Ronald J. Hick or such other person designated in writing by the COUNCIL. -10- . �_.�..�,.,�,_r_____�. _...._.. _.._._..,.�__.,,��. ._,__. _-.— ____ _.�.__.� ...., � �. ....__ .""_._._ . . . . .. • . • . ��7`�9�°� 26. Operations. The CITY will provide COUNCIL with a copy of the Parks and Recreation Division Operating Procedures Manual and explain and train employees of COUNCIL on use of forms and procedures to successfully operate CENTER. IN WITNESS WHEREOF, the parties have set their hands the date first above written. APPROVED AS TO FORM: CITY OF SAINT PAUL �� � �' ��� Assistant City Attorney; / Mayor ✓ LEXINGTON-HAMLINE COMMUNITY COUNCIL Director, Department of Finance and Management Services by , ✓ Direct r, Department o Community its Services � bY Contract Administrator its Contract Administrator A - -11- ��ni�i i � • �:?N.TNO.!y y �. . _ _�-��i: .�r o �r,� r.�o2 i - � �T � •r -� �• . - i , ( : . � • : � � ! r tJC ' '`, l� F' � - ` � �� � o � G � �_ LEGAL DESCRIPTION: BLOCKS 9 AND 10, D.�1. INGERSOLL �. � � � � ADDITION AND VACATEO IGLEHART � � -'' STRE�T AND ALLEYS ACCRUING _ � . I o�iE � - � r . 6-¢6. 9� � I � ` , � � . CA'F�ROLL '- - ��� �. _ �' i , � I � . : " , � ! ' � ! � � - i5 14 13 �2 � fl I 10 ! 9 � 8 Z ` 6 ! 5 : 4 3 ; 2 I • � �� , I i y � � � I . � f � � , � �. - , , I � i � _� � � - - J � I -T-� _ � I � I I I J _ �— � � .__ y,,c /1. �o. ,•..,- •', T.—.• ' ; ► � I � , i � � � � � I � � � � - - oI 16 IZ 18 � 19 I ZC ; LI I 22. � Z'S �`t � 23 I ?6 I 2Z 2.8 29 30 ` � r � . � ' � I b . �: , , � i � - `' I _ �, � . �: ._ _ � .iH ce . . . • _ . ---- --- . /ct [. /.Z _ /6 /� � � � H RT - �` � %� � /GLE A _ .. . _� , -. �; :._ 1 ���. � , ; -,�.--�_,--.--T—T . . . , . . � - --� .��:� � � � � � � �5 14 13 I IZ li 10 9 I g ; T � 6 � 5 ' '1 I 'S ' 2 ' I n' q �:��� - � 4l � ' . I � � . � � I � ; --- � � � ' � � i — —'' C� --I 1 - -- � � � _ ._ � � �.z i �� _ �-- �� o i�� �- �- -T � � -T- ` � � � , �' �. I I � ��{ Z� Z� 2Z Z�J � �♦ 2.5 ! Z6 2z � 28 � 29 So � iC. � 16 , !7 I 8 f !8 i I � i , ` , � � � ' i I 1 � , { . � ! . � .� I ' i � ----� � „ , I //�h Li�dr� 2.�d� i✓�siun =��.��: _. -12- ..: --s.�.,�--- --,.�.-- 7fh l�i�ard, 2�d D.ris���� --.- _�,__..��..._..... _.. . _ ._,_��...�W:..,,._.... � _ _._._ _�.�_Y..-�.._.w:..__._��-�,�,..�____�–.__ _ ..- .. . �-�7-�9� EXHIBIT B B. 1 OPERATION INFORMATION 1 . Work Orders for repairs/maintenance should be placed with the Como Office at 488-7291 . 2. Emergencv Wor Orders. In case of after hours building emergency, the following should be called: Supervisor: John Johnson 776-7881 Plumbers: James Unger 645-7052 Thomas Miller 739-4578 Electricians: Daniel Slater 771-7034 Thomas Tschida 222-2904 Carpenters: Fred Washenberger 488-3330 Joseph Buzicky 222-0368 Rec. Supervisor: Thomas Knutson 771-8266 Police: Emergency 9I1 Non Emergency 291-1111 Paramedics: � Emergency 9}1 3. Custodial supplies may be ordered by calling the Como Office at . 488-7291. 4. Trainina courses provided by CITY: Snowblower operation Flooding of skating rinks ' Field layout Custodial maintenance Coaches clinic prior to each sport Referee clinic prior to each sport Leaders workshop New leader orientation First Aid/CPR - -13- . y.. .. ���_�g� B.2 5. Service Levels a Local Programs � ) - Programs will be developed on a quarterly basis- -winter, spring, summer, and fall . Program development is the responsibility of the Recreation Center Director with input from support groups/community members and final approval by the District Supervisor. Programs should be reflective of community needs and resources available. Minimum program criteria have been developed for each of the three types of centers, outlining minimum standards. Their purpose is to assist the Director in planning and meeting the minimum standards of programming. It is expected that Directors will examine each area of recreational activity in developing the program for the Center. Once minimum criteria are met, staff must look further to the unique needs of individual communities and program additional activities/events to meet those needs. This will enable staff to use available resources/facilities to target activities for specific populations. a� Citvwide Programs _ The service levels of programs are complimented by Citywide programs. These are in the form of Special Events and Tournaments. They include the following: EVENT SEASON Junior Royalty Coronation Winter Speedskating Winter Wrestling Tournament Spring Co-Rec Volleyball .Tournament Spring � (12th grade and under) Track and Field Summer Tennis Tournament (Adult) Summer Co-Rec Softball Tournament Summer (12th grade and under) 3rd of July Fireworks Summer 4th of July celebrations Summer Cherokee Highland Langford Marydale Mounds Big Wheel Contest Summer Day Camp Summer Valley Fair Trip Summer Twin City Marathon Fall -14� � . �. ���_��� B.3 6. Hours Programming hours vary depending upon a recreation center's designation as Community, Neighborhood or Part-time. It is recommended that, except on special occasions, all children in the 6th grade and under leave thE center and grounds not later than 8:30 p.m. during the school year. Special events may run later in the evening. Any event going beyond 11 p.m. must be approved in writing by the Superintendent of Recreation Programming ten days prior to the event. 7. Part-Time Recreation Center Detail a) Scope: Immediate Neighborhood Major Focus: Preschool - Grade 6 b) Center hours/Staff hours: Centers/staff will receive an annuaT allocation of hours. Staff will meet with Booster Clubs/community representatives to plan the use of hours each year. c) Leader responsibilities: .To carry out minimum program criteria. .Coordinate and make referrals to Neighborhood Recreation Centers, Community Recreation Centers and Community Education .Coordinate with other sections of Div.ision of Parks and Recreation (Municipal Athletics, Special Programs, Special . Services) .Rentals .Compile reports (financial , attendance, accident, time sheets, etc.) .Fundraising - as needed; Suggestions: Fall-Turkey Raffle, Rummage Sale, Softball League; Spring-Candy or Novelty Item � Sale; Summer-Ice Cream Social ; Ongoing or Year round-Vending Machines d) Support Groups: .Individual Volunteers .Small Booster Clubs .Seasonal Planning Meetings .Representative to Area Advisory Committee -15- . , - �, � �--�/_�9� 8. Minimum Program Criteria for Part=Time Centers FALL WINTER SPRING SUMMER ATHLETICS, pickup games/ Pickup games/ Pickup games/ Pickup games Intramurals Intramurals Intramurals Intramurals (if sufficient (if sufficient (if sufficient (if suff. participants) participants) participants) participants Soccer Ho�key Floor Nockey Newcomb/TBall Basketball Volleyball Baseball Softball ------------------------------------------------------------------------- CRAFTS For 6th grade and under, simple paper crafts � ------------------------------------------------------------------------- SPECIAL EVENTS Halloween Holiday Party Easter Egg Hunt Weekly Junior Royalty* Specials ------------------------------------------------------------------ ACTIVITIES Table Games Table Games Table Games Small Contests Contests Contests Fry Drop In Drop In Drop In Classes Drop In ------------------------------------------------------------------------ FIELD TRIPS Valley Fair Pickup � Site for Area Specials ------------------------------------------------------------------- *Recommended: Jr. Royalty Party/Coronation or refer to nearby center -16-. , V�.. - ^ n� � �,�2 . l� d� B.5 9. Holidavs All centers are closed for the following national holidays: New Year's Day January 1 Memorial Day _ 3rd Monday in May Independence Day July 4 Labor Day lst Monday in September Thanksgiving Day 3rd Thursday in November Christmas Day December 25 Centers are open on a reduced schedule for the following holidays: Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Columbus Day 2nd Monday in October Veteran's Day November 11 10. District Programs Beyond local programs, some programs are also o�fered on the District level- North, South, East, and West. The primary District programs are Junior Royalty, Wind Coronations (one per District) . Districts may also offer other special events. � � -17- . . , � 'lst _ ~/r���� • l `5 Znd � ��-�-�'7 � 3rd f-�,�.� -,�7 Adopted �� 7-t�7 Yeas Nays �. . DREW � ������ NICOSIA r7�7.3 �TT� . SCHEIBEL , � SONNEN WILSON MR. PRESIDENT TEDESCO . r i