01-625oR,����HL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
a3
Refeaed To Committee: Date
1
2 WHEREAS, The City of Saint Paul, Division of Pazks and Recrearion, provides a variety
3 of activities to youth; and
4
WHEREAS, Parks and Recreation offers activities to youth who live within the East
Consolidated Weed and Seed boundaries which are: Maryland Ave. to the north, Bush Ave. to
the south, Payne Ave. to the east and I-35 to the west, which would be at Wilder Recreation
Center (958 Jessie Street) and Arlington Recreation Center (665 E. Rose Ave).
10
11
12
13
14
15
16
17
18
19
WHEREAS, The District Six Planning Council agrees to reimburse Parks and Recreation
up to $4,000.00 for providing services including: youth recreational and leisure activities; and
WHEREAS, District Six wishes to have the City indemnify and hold them hannless from
claims relating to the City's program; and
WHEREAS, the expenditure of pubiic funds, which includes the promise of
indemnification and defense, for such a purpose will facilitate and allow the City to provide such
opportunities, now therefore, be it
Council File # � � — �a �
GreenSheet# �\\�(.S
20 RESOLVED, that the City Council direct the proper city officials to enter into an
21 agreement with the Dastrict Six Community Council to provide services to youth as described in
22 the Scope of Services which is attached hereto and incorporated herein by reference; and, be it
23
1 ORIGlNAL o�-«.S
2 FURTHER RESOLVED, that the City of Saint Paul hereby agrees to defend,
3 indemnify and hold District Six hannless from any and all damages it may be required to pay as
4 a result of suits, clauns, demands, costs and expenses asserted by any person or persons including
5 agents or employees of District Six or by reason of death or injury to person or persons arising
6 out of, or by reason of any negligent act, omission, operation of work of Parks and Recreation or
7 its employees while engaging in the execution or performance of services under this agreement;
8 be it
10 FURTHER RESOLVED, that nothing in the foregoing provisions shall be conshued as a
ll waiver of municipal tort liability limits and defenses set forth in Minn. Stat § 466.01 et. seg.
V � By
Form Approj`�d by City Att ney
By: J..� 4-� L/ 6-.�-G
By:
Approved b Mayor for ubmission to Council
`h—'c.`— � � By:
/
Approved by Mayor: Date ��� 4(�/J �
By: ������ 1
Adopted by Covncil: Date � �-c�YO�
Adoption Certified by Council Secretary
)�
DEPMTMFNT/OFfiGE(COUNCIL DATE INfiIATm �
GREEN SHEET �g � NO. 111465
Parks and Recreation 5-30-01 p\.. (� Z$
CONTACT PHiSON AND PMONE 1NIl1AlAAT£ INITAIAATE
Vinc6 GillBSpie 26&6408 � O@PRTM@lTO1RECfOR 4 crtrcouNG�
AS96N `
tuMem cd+ 2 cm AttoiUiEY G l u7Y Ct9iK
MU5f BE ON COUNCIL AGHiUA BY �DATq R ��''
pppg� _RNANqAL59tVICESDIR
_� MAYOR (OR ASSISfANTi 5 Parks & Recreation
TOTqLfi�FSIGNATUREPAGES � (CUPALLIACATq116FOR8K11VATINFJ
ACT:ON flE�UESTm:
Approve resolution directing the Division of Parks & Recreation to enter into agreement with and to hold District Six
harmless.
FECOMMENUATIONS: Approva W er Raject IR) P9tBONAL S9IVICE CONIMCTS MUBT ANSWBt TlIEFOLLOIYIN(i ��ffSS710N5:
PLANNIN6 COMMISSION _GIVIL SERVICE COMMISSON �� Nr this pwwNlum aver werked �vsb. a eamM fw ttds Mpertment7
-- CIB COMMITTEE _ YES NO
g y . T � F _ 2. Hr thie penoNfirm ever been e ciN �qoy�7
YES NO
DISTpICT COUNqL
— �— 3. Uoes ihre pereoNfirm pwaaee a ekill not nwmallY p<eee+sed bY+�}' nwront dty amploYea?
SUPPORTS WH�CH COUNCIL OBJEC'fIVE? YES NO
6tW�n M Yn amWxs on+apmet� ah¢ateM ettxh b V�een Mset.
INITIAiING PIi06LEM.ISSUE, OPPORTUNITY (Who, What, WMn, Where.4Yhy1:
The Division of Parks and Recreation offers activities to youth who live within the East Consolidated Weed and Seed
boundaries which are: Maryland Ave. to the north, Bush Ave. to the south, Payne Ave. to the east and 1-35 to the west,
which wouid be at �Ider Recreation Center and Arlington Recreation Center, which would commence on or about
May 1, 2001 and be compieted by October 37, 2001, if the City hoids District Six harmless.
ADVANTAGES IF APPflOVED:
G✓�L.b., v �d.�-= /Lk �...�,.. �.GB- -E ,�.k.,,-4�
�u,.z.-1�,,....r � .G.�--. ��....��. � �..-._ ��-C.� ,� R GL! C I 0! � D
�€�•s
DISADVANTAGE$ {F MPROVED:
� � �-x ..�.,G� �- �'.�"..�"> .e� ° �.' �il�� a4���RN�C�
�e�YC�I �S
DISADVANTAGESIFNOTAPPNOVm: �„� � 4 ��a�,
6�f� 3L
MAY 3l 2�U'
�1TY �TTORNEY
TOTAlAMOUNTOFTRANSACTION S S4.00O.00 � - CO6TMkYBiUEBU00Ef�fGRCIEONq Y65 NO
RMOIN63OURCE GraM acnwrrN�w�eae 23102-33000
FNANCIALINFORMATION: �IXPLAIN)
o t -c y5
PRbFlrES5IONAI. SERVICE AGItEEri3ENT
T�IIS AGREEMEN'f is m�ade aad entered into this fust day of May 2001 by and between
DISTItICT 5T% PLANNING COUNC7L, located at 1061 Rice Street, Saint Paul, MN
55117, (�ereinafter catled "DISTRICT SI3P' and SAINT PAUL PARKS At�D
RECREATIQN, whose address is, 25 West 4'� Street, Suite 125, Saint Paul, MN.SS 102,
hereinafter called °PARKS AND RECREATIOI�i".
WITNESSETH:
Ia consideration of the mutual texms and cond'stions, promises, covenants and
payments 6aeinattez set fourtt�, D15TRICT STK 8nd PARKS AND RECREATIOI�T agtee
as follows'
SEG"1'IOri 1. ,�,� q; Services, PARK5 ANB RECREAITON will provide tt�e
following:
A. Youch Recreational and leisure activities
B. Supplies
C. Entry Fees
D. Bussiqg
E. 5ta�ng
All act'svities ase to be offered to youth who live within the Bast Consolidated 'S7V'eed and
Seed boundaries which are; Maryland Avem�e to the nort}� Bush Avenue to the sout6,
Payne Aveaue to t�e east end T-35 to the west.
Hctivities will take place at either Wilder Recreation Center, located at 958 .lessie Street
Saint Paul, MN. SS 101or Arlington RecreAtion Center, located aL 665 Rase Avenue East,
Saim Paul, MN. 55101.
SECTION 2. Time for Comuletion. The scrvices rendered by PARICS ANU
RECREATION shall wmmence on or about May 1,2001 aad be completed by October
31,2001. PATtKS A23t) RECAEATION shall �onsult with or report to the Weed and Seed
Coordinator aadJor members of the Steering Committee as needed.
SEG"flON 3. ��}n�fa in Sc of Servics�. The EAST CONSOLIDATED
STEERII3G C�Iu1M[TT'E� or PAR[CS AND RECTtEATION may request changes that
would increase, decrease, or otherwise modify the "Scope of 3ervices". DISTRICT SIX
must be informed in advance of such th8nges.
S�CTTOI�T 4. �ifliasa and P�ymente.
A. That for the faithfirl gerfarmance of PARTC5 AND RECREATION to this
AGRE�IN�N'i', I�TSTRICT SIX agrees to seimburse PARKS AND RECREATION
up to 34,000.00 far costs for see�vicea provided. Compensation shall be in accardance
Z0 3Jtld WI211Ntl 66Z959LLtS9 90:Tt S00ZJtiLf90
or-t1s
E:
��
I�
E.
F
with the line item budget as staQed ia exhibit A, wtdch is hereby incorporated by
reference aad made part of the contract.
PARKS AND RECREATION will expend funds in accordaace with Exhibit A and
wsEl submit a revised budgar for appmvat if there is to be a deviation of more thazi
I O°/a in any line item. Alf cornrads are dependern upon Weed and S�d funds, in the
absence of Weed and Seai funds tbis contract is null and void.
Paymants shall be madc by DISTRICT SIX within thirty (30) days after PARKS
AND RECREA'fION's presentation of ievoices for services performed and
aeceptance of such services by AISTRICT ST7�C's authorized representative. Tnvoices
shail be submitted in a format and on a time schedule mutvally egreed to by
DiSTRICT SIX and PARKS ANI) RECREATTON, but in no event less fi
[han quarterly.
All services provided by PARKS AND RECREATI�23 shall be performed to the
satisfaction of DTSTRCCT 5IX as determined by the soie diseretion of its Authorized
Agent and in accordance with ai}-applicable fedaal, state and bcal laws, ordinances,
rules and regulations.
Payments snade pw'suant to titis contract shall bc used oniy for the actual expenses
incurred in performing and accompi9shing the purposes and acti�vities described
herein between the Time fer Completion. No cost incu�red prior to ar after the �d of
the contrad period witl be wmpensated.
Funds witl be allocated to Wilder Recreation Center and Arlington Recreation Cemer
at sn amcnxnt deternrined by PARKS AND RECREATION, with the amount ailocated
to both centere not to exoeed 54000.00
SEC'TION 5. �iacrimination �]ics. At a}I times, PARKS AND RECREATION
shall abide by Ghapter l83 of the Saint Paul Legislative Code in any pe�sQnnel related
poJicies.
3ECTION 6. T�rmination_ Either pa�ty to this AGRE�MENT mat temiiaate it by
giving no less that thirty (30) daqs written notice, uniess otherwise agreed by both parties,
of the intent to terminate to the other pazty. In the event of termination, PAl2KS AND
ItECTiEATION shalf be reimbursed by DISTRICT SIX for ail services actuatly, timely
and faithfully rendered up to the re�eipt of the notice of termination and thereafter vntil
the date of te.rmination.
S"e.C1'TON 7. �deo ndent �'oetra or tus. It is agreed that noxhing herein
contained is intended or shouid be conssived in any manner as creatiag pr establishing the
retstionship of co paRners between the Qarties hereto ar as constimting PARKS ANA
RECREA1TdN as an agent, representaave or employee of DI5TRICT SI?C for any
pu�ose or in any menner whatsoever. FA1tK5 ANA RECREATION and its employces
shall bot be consedared empioyees o£DISTRICT SYX, and any and ail claims t6at may or
might arise under the Wosker's Compensation Act of the State of Minnesota on behalf of
the PARKS AND RECREARION smpioqees while so engaged and any and all tlaims
whatsoever on behalf of pAR�{S AND RECREATTON employees or wlunteers srising
out of employment shafl in no way be the responsibility of DTSTRICT S1X. Except for
the compensation provided ia Section 4 of this AGREEMENf, PARKS ANp
_�. .-- -
E9 39Cd WIa1NC 65S999LLSS9 90�SL L00Z/bS 50
o� -6as
RECREATION employecs sha41 not be entitled to any compensation or ngfrts or benef�s
of any kind wh�tsoevet from DISTRICT SIX. Further DTSTRICT SIX shall in no way be
responsible to defend, indemnify or save hatmless PARKS AND R�CTtEATION
emp3oyees &am tiability or judgements arisiag out of PARKS AND RECREA'T[O1�T
intentioaa! or negligent aas ot omissions of PARKS AND RECREATION or its
emp(oyees wbile pecfora►ing acts specified by this AGREEMEN'T.
SECTION 8. DTSTRICT SIX AIITHORIZED AGENT. DISTRICT STX's
Author'szed Agent for the purpose of administration of this contract is its Executive
Airector.
SECTION 9. AssiPnmcnt PARKS AND RECREATION skalt neitker assign nor
transfer any rights or obligations wder this contrau w+thout prior written conseat oF
DTS'fRICT SIX.
SEGTION l0. A�!ro��r:na and Rctention of Books, PARKS AND R�CRF.AT�ON
agees that sts books, tecords, documents and accotu�ting procEdures and practices
relevant to this contract shall be subject to examinacion b� DISTRICR SIX, the STA'f'E's
Authorized Agent and the State or Legislative Auditor for a minimum of six y�rs_
Records shall be sufficient to reflect ali costs incurred in perfonnance of this w�act.
S�GTiON 11. �yp�g� PAItKS AND RECREATTOI�T witl advise DISTRICT STX
concerning the contract progess through the aubmissian of reports as required by the
AutAorized Agent and the Executive Office of Weed and Seed.
SECT�ON 12. S�rio�Policie�. PARKS ANA RECdtEATION certlfies that it he.c
appropriate hiring poiicies and screening proaedurea for employees and coatractors that
vrill be working with youth and other residents as part of the We.ed and Seed strategy.
SECTId1V 13. Indemnitv. PARKS AND RECREATIOI�i agrees that it shsl! defend,
indemnify and save harmless DISIRIC�' 5T.� and its officers, agents, servants and
emQloyees &om any and ail claims, demends, suits, judgement, wsts and expenses
asserted by any Person or persons including agents or employees of DISTRICT SIX or
1'ARKS AND RECREATION by reason of death or injury to Qerson or persons or lass or
damage to property arising out of, or by r�son, of any negtigent ad, omission, operation
of work of PARTCS ANU RECREATIDN or its employces �while engagad in the
execution or pesfotmance of secvices ander ihis AG$EEMENT.
W! 8
�a • a�rita ggainst bTS�TRiCT SiX aroti^ a e�f e��k :•s -- '
SECTIOtV 14. Amfndmeat of A�eemeat The Agreement may be amended by
further mutua( written agreement ofthe parties thereta. AIST'RICT SIX must be infnrmed
and consuhed with regarding alt amendments.
5ECTION 15. �o�� Adsninistration. In order to coordinace the servicea of
PARKS ANA Ii�C�ATION with the activities of the Weed aad Seed initiative so as to
b0 3�Jttd WIb1Ntl 66t999LLZ59 90:LL
t00ZlbL/50
o�-L�
accomplish the purposes of the contract, the Weed and Seed Coordinator shall manage
this contract on behatf of DISTRTCT 5IX and the East Consolidated Steering Committee
and serve as a liaison between DTSTRICT SIX and PARKS A1�ID RECItEATT�N.
IN WTTIVESS WEiF',ROF, the parties h�eto have executed this agreement, the day and
the year first written above.
Victor A. Wittgetistein 7r_
Packs and Retreation
Kathy Cole
llistrice 6 Ptanning Covnci!
Aate
90 39Cd WI2111Vt1 56i954GLL99 40�Lt SHOZltrSl50
oR,����HL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
a3
Refeaed To Committee: Date
1
2 WHEREAS, The City of Saint Paul, Division of Pazks and Recrearion, provides a variety
3 of activities to youth; and
4
WHEREAS, Parks and Recreation offers activities to youth who live within the East
Consolidated Weed and Seed boundaries which are: Maryland Ave. to the north, Bush Ave. to
the south, Payne Ave. to the east and I-35 to the west, which would be at Wilder Recreation
Center (958 Jessie Street) and Arlington Recreation Center (665 E. Rose Ave).
10
11
12
13
14
15
16
17
18
19
WHEREAS, The District Six Planning Council agrees to reimburse Parks and Recreation
up to $4,000.00 for providing services including: youth recreational and leisure activities; and
WHEREAS, District Six wishes to have the City indemnify and hold them hannless from
claims relating to the City's program; and
WHEREAS, the expenditure of pubiic funds, which includes the promise of
indemnification and defense, for such a purpose will facilitate and allow the City to provide such
opportunities, now therefore, be it
Council File # � � — �a �
GreenSheet# �\\�(.S
20 RESOLVED, that the City Council direct the proper city officials to enter into an
21 agreement with the Dastrict Six Community Council to provide services to youth as described in
22 the Scope of Services which is attached hereto and incorporated herein by reference; and, be it
23
1 ORIGlNAL o�-«.S
2 FURTHER RESOLVED, that the City of Saint Paul hereby agrees to defend,
3 indemnify and hold District Six hannless from any and all damages it may be required to pay as
4 a result of suits, clauns, demands, costs and expenses asserted by any person or persons including
5 agents or employees of District Six or by reason of death or injury to person or persons arising
6 out of, or by reason of any negligent act, omission, operation of work of Parks and Recreation or
7 its employees while engaging in the execution or performance of services under this agreement;
8 be it
10 FURTHER RESOLVED, that nothing in the foregoing provisions shall be conshued as a
ll waiver of municipal tort liability limits and defenses set forth in Minn. Stat § 466.01 et. seg.
V � By
Form Approj`�d by City Att ney
By: J..� 4-� L/ 6-.�-G
By:
Approved b Mayor for ubmission to Council
`h—'c.`— � � By:
/
Approved by Mayor: Date ��� 4(�/J �
By: ������ 1
Adopted by Covncil: Date � �-c�YO�
Adoption Certified by Council Secretary
)�
DEPMTMFNT/OFfiGE(COUNCIL DATE INfiIATm �
GREEN SHEET �g � NO. 111465
Parks and Recreation 5-30-01 p\.. (� Z$
CONTACT PHiSON AND PMONE 1NIl1AlAAT£ INITAIAATE
Vinc6 GillBSpie 26&6408 � O@PRTM@lTO1RECfOR 4 crtrcouNG�
AS96N `
tuMem cd+ 2 cm AttoiUiEY G l u7Y Ct9iK
MU5f BE ON COUNCIL AGHiUA BY �DATq R ��''
pppg� _RNANqAL59tVICESDIR
_� MAYOR (OR ASSISfANTi 5 Parks & Recreation
TOTqLfi�FSIGNATUREPAGES � (CUPALLIACATq116FOR8K11VATINFJ
ACT:ON flE�UESTm:
Approve resolution directing the Division of Parks & Recreation to enter into agreement with and to hold District Six
harmless.
FECOMMENUATIONS: Approva W er Raject IR) P9tBONAL S9IVICE CONIMCTS MUBT ANSWBt TlIEFOLLOIYIN(i ��ffSS710N5:
PLANNIN6 COMMISSION _GIVIL SERVICE COMMISSON �� Nr this pwwNlum aver werked �vsb. a eamM fw ttds Mpertment7
-- CIB COMMITTEE _ YES NO
g y . T � F _ 2. Hr thie penoNfirm ever been e ciN �qoy�7
YES NO
DISTpICT COUNqL
— �— 3. Uoes ihre pereoNfirm pwaaee a ekill not nwmallY p<eee+sed bY+�}' nwront dty amploYea?
SUPPORTS WH�CH COUNCIL OBJEC'fIVE? YES NO
6tW�n M Yn amWxs on+apmet� ah¢ateM ettxh b V�een Mset.
INITIAiING PIi06LEM.ISSUE, OPPORTUNITY (Who, What, WMn, Where.4Yhy1:
The Division of Parks and Recreation offers activities to youth who live within the East Consolidated Weed and Seed
boundaries which are: Maryland Ave. to the north, Bush Ave. to the south, Payne Ave. to the east and 1-35 to the west,
which wouid be at �Ider Recreation Center and Arlington Recreation Center, which would commence on or about
May 1, 2001 and be compieted by October 37, 2001, if the City hoids District Six harmless.
ADVANTAGES IF APPflOVED:
G✓�L.b., v �d.�-= /Lk �...�,.. �.GB- -E ,�.k.,,-4�
�u,.z.-1�,,....r � .G.�--. ��....��. � �..-._ ��-C.� ,� R GL! C I 0! � D
�€�•s
DISADVANTAGE$ {F MPROVED:
� � �-x ..�.,G� �- �'.�"..�"> .e� ° �.' �il�� a4���RN�C�
�e�YC�I �S
DISADVANTAGESIFNOTAPPNOVm: �„� � 4 ��a�,
6�f� 3L
MAY 3l 2�U'
�1TY �TTORNEY
TOTAlAMOUNTOFTRANSACTION S S4.00O.00 � - CO6TMkYBiUEBU00Ef�fGRCIEONq Y65 NO
RMOIN63OURCE GraM acnwrrN�w�eae 23102-33000
FNANCIALINFORMATION: �IXPLAIN)
o t -c y5
PRbFlrES5IONAI. SERVICE AGItEEri3ENT
T�IIS AGREEMEN'f is m�ade aad entered into this fust day of May 2001 by and between
DISTItICT 5T% PLANNING COUNC7L, located at 1061 Rice Street, Saint Paul, MN
55117, (�ereinafter catled "DISTRICT SI3P' and SAINT PAUL PARKS At�D
RECREATIQN, whose address is, 25 West 4'� Street, Suite 125, Saint Paul, MN.SS 102,
hereinafter called °PARKS AND RECREATIOI�i".
WITNESSETH:
Ia consideration of the mutual texms and cond'stions, promises, covenants and
payments 6aeinattez set fourtt�, D15TRICT STK 8nd PARKS AND RECREATIOI�T agtee
as follows'
SEG"1'IOri 1. ,�,� q; Services, PARK5 ANB RECREAITON will provide tt�e
following:
A. Youch Recreational and leisure activities
B. Supplies
C. Entry Fees
D. Bussiqg
E. 5ta�ng
All act'svities ase to be offered to youth who live within the Bast Consolidated 'S7V'eed and
Seed boundaries which are; Maryland Avem�e to the nort}� Bush Avenue to the sout6,
Payne Aveaue to t�e east end T-35 to the west.
Hctivities will take place at either Wilder Recreation Center, located at 958 .lessie Street
Saint Paul, MN. SS 101or Arlington RecreAtion Center, located aL 665 Rase Avenue East,
Saim Paul, MN. 55101.
SECTION 2. Time for Comuletion. The scrvices rendered by PARICS ANU
RECREATION shall wmmence on or about May 1,2001 aad be completed by October
31,2001. PATtKS A23t) RECAEATION shall �onsult with or report to the Weed and Seed
Coordinator aadJor members of the Steering Committee as needed.
SEG"flON 3. ��}n�fa in Sc of Servics�. The EAST CONSOLIDATED
STEERII3G C�Iu1M[TT'E� or PAR[CS AND RECTtEATION may request changes that
would increase, decrease, or otherwise modify the "Scope of 3ervices". DISTRICT SIX
must be informed in advance of such th8nges.
S�CTTOI�T 4. �ifliasa and P�ymente.
A. That for the faithfirl gerfarmance of PARTC5 AND RECREATION to this
AGRE�IN�N'i', I�TSTRICT SIX agrees to seimburse PARKS AND RECREATION
up to 34,000.00 far costs for see�vicea provided. Compensation shall be in accardance
Z0 3Jtld WI211Ntl 66Z959LLtS9 90:Tt S00ZJtiLf90
or-t1s
E:
��
I�
E.
F
with the line item budget as staQed ia exhibit A, wtdch is hereby incorporated by
reference aad made part of the contract.
PARKS AND RECREATION will expend funds in accordaace with Exhibit A and
wsEl submit a revised budgar for appmvat if there is to be a deviation of more thazi
I O°/a in any line item. Alf cornrads are dependern upon Weed and S�d funds, in the
absence of Weed and Seai funds tbis contract is null and void.
Paymants shall be madc by DISTRICT SIX within thirty (30) days after PARKS
AND RECREA'fION's presentation of ievoices for services performed and
aeceptance of such services by AISTRICT ST7�C's authorized representative. Tnvoices
shail be submitted in a format and on a time schedule mutvally egreed to by
DiSTRICT SIX and PARKS ANI) RECREATTON, but in no event less fi
[han quarterly.
All services provided by PARKS AND RECREATI�23 shall be performed to the
satisfaction of DTSTRCCT 5IX as determined by the soie diseretion of its Authorized
Agent and in accordance with ai}-applicable fedaal, state and bcal laws, ordinances,
rules and regulations.
Payments snade pw'suant to titis contract shall bc used oniy for the actual expenses
incurred in performing and accompi9shing the purposes and acti�vities described
herein between the Time fer Completion. No cost incu�red prior to ar after the �d of
the contrad period witl be wmpensated.
Funds witl be allocated to Wilder Recreation Center and Arlington Recreation Cemer
at sn amcnxnt deternrined by PARKS AND RECREATION, with the amount ailocated
to both centere not to exoeed 54000.00
SEC'TION 5. �iacrimination �]ics. At a}I times, PARKS AND RECREATION
shall abide by Ghapter l83 of the Saint Paul Legislative Code in any pe�sQnnel related
poJicies.
3ECTION 6. T�rmination_ Either pa�ty to this AGRE�MENT mat temiiaate it by
giving no less that thirty (30) daqs written notice, uniess otherwise agreed by both parties,
of the intent to terminate to the other pazty. In the event of termination, PAl2KS AND
ItECTiEATION shalf be reimbursed by DISTRICT SIX for ail services actuatly, timely
and faithfully rendered up to the re�eipt of the notice of termination and thereafter vntil
the date of te.rmination.
S"e.C1'TON 7. �deo ndent �'oetra or tus. It is agreed that noxhing herein
contained is intended or shouid be conssived in any manner as creatiag pr establishing the
retstionship of co paRners between the Qarties hereto ar as constimting PARKS ANA
RECREA1TdN as an agent, representaave or employee of DI5TRICT SI?C for any
pu�ose or in any menner whatsoever. FA1tK5 ANA RECREATION and its employces
shall bot be consedared empioyees o£DISTRICT SYX, and any and ail claims t6at may or
might arise under the Wosker's Compensation Act of the State of Minnesota on behalf of
the PARKS AND RECREARION smpioqees while so engaged and any and all tlaims
whatsoever on behalf of pAR�{S AND RECREATTON employees or wlunteers srising
out of employment shafl in no way be the responsibility of DTSTRICT S1X. Except for
the compensation provided ia Section 4 of this AGREEMENf, PARKS ANp
_�. .-- -
E9 39Cd WIa1NC 65S999LLSS9 90�SL L00Z/bS 50
o� -6as
RECREATION employecs sha41 not be entitled to any compensation or ngfrts or benef�s
of any kind wh�tsoevet from DISTRICT SIX. Further DTSTRICT SIX shall in no way be
responsible to defend, indemnify or save hatmless PARKS AND R�CTtEATION
emp3oyees &am tiability or judgements arisiag out of PARKS AND RECREA'T[O1�T
intentioaa! or negligent aas ot omissions of PARKS AND RECREATION or its
emp(oyees wbile pecfora►ing acts specified by this AGREEMEN'T.
SECTION 8. DTSTRICT SIX AIITHORIZED AGENT. DISTRICT STX's
Author'szed Agent for the purpose of administration of this contract is its Executive
Airector.
SECTION 9. AssiPnmcnt PARKS AND RECREATION skalt neitker assign nor
transfer any rights or obligations wder this contrau w+thout prior written conseat oF
DTS'fRICT SIX.
SEGTION l0. A�!ro��r:na and Rctention of Books, PARKS AND R�CRF.AT�ON
agees that sts books, tecords, documents and accotu�ting procEdures and practices
relevant to this contract shall be subject to examinacion b� DISTRICR SIX, the STA'f'E's
Authorized Agent and the State or Legislative Auditor for a minimum of six y�rs_
Records shall be sufficient to reflect ali costs incurred in perfonnance of this w�act.
S�GTiON 11. �yp�g� PAItKS AND RECREATTOI�T witl advise DISTRICT STX
concerning the contract progess through the aubmissian of reports as required by the
AutAorized Agent and the Executive Office of Weed and Seed.
SECT�ON 12. S�rio�Policie�. PARKS ANA RECdtEATION certlfies that it he.c
appropriate hiring poiicies and screening proaedurea for employees and coatractors that
vrill be working with youth and other residents as part of the We.ed and Seed strategy.
SECTId1V 13. Indemnitv. PARKS AND RECREATIOI�i agrees that it shsl! defend,
indemnify and save harmless DISIRIC�' 5T.� and its officers, agents, servants and
emQloyees &om any and ail claims, demends, suits, judgement, wsts and expenses
asserted by any Person or persons including agents or employees of DISTRICT SIX or
1'ARKS AND RECREATION by reason of death or injury to Qerson or persons or lass or
damage to property arising out of, or by r�son, of any negtigent ad, omission, operation
of work of PARTCS ANU RECREATIDN or its employces �while engagad in the
execution or pesfotmance of secvices ander ihis AG$EEMENT.
W! 8
�a • a�rita ggainst bTS�TRiCT SiX aroti^ a e�f e��k :•s -- '
SECTIOtV 14. Amfndmeat of A�eemeat The Agreement may be amended by
further mutua( written agreement ofthe parties thereta. AIST'RICT SIX must be infnrmed
and consuhed with regarding alt amendments.
5ECTION 15. �o�� Adsninistration. In order to coordinace the servicea of
PARKS ANA Ii�C�ATION with the activities of the Weed aad Seed initiative so as to
b0 3�Jttd WIb1Ntl 66t999LLZ59 90:LL
t00ZlbL/50
o�-L�
accomplish the purposes of the contract, the Weed and Seed Coordinator shall manage
this contract on behatf of DISTRTCT 5IX and the East Consolidated Steering Committee
and serve as a liaison between DTSTRICT SIX and PARKS A1�ID RECItEATT�N.
IN WTTIVESS WEiF',ROF, the parties h�eto have executed this agreement, the day and
the year first written above.
Victor A. Wittgetistein 7r_
Packs and Retreation
Kathy Cole
llistrice 6 Ptanning Covnci!
Aate
90 39Cd WI2111Vt1 56i954GLL99 40�Lt SHOZltrSl50
oR,����HL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
a3
Refeaed To Committee: Date
1
2 WHEREAS, The City of Saint Paul, Division of Pazks and Recrearion, provides a variety
3 of activities to youth; and
4
WHEREAS, Parks and Recreation offers activities to youth who live within the East
Consolidated Weed and Seed boundaries which are: Maryland Ave. to the north, Bush Ave. to
the south, Payne Ave. to the east and I-35 to the west, which would be at Wilder Recreation
Center (958 Jessie Street) and Arlington Recreation Center (665 E. Rose Ave).
10
11
12
13
14
15
16
17
18
19
WHEREAS, The District Six Planning Council agrees to reimburse Parks and Recreation
up to $4,000.00 for providing services including: youth recreational and leisure activities; and
WHEREAS, District Six wishes to have the City indemnify and hold them hannless from
claims relating to the City's program; and
WHEREAS, the expenditure of pubiic funds, which includes the promise of
indemnification and defense, for such a purpose will facilitate and allow the City to provide such
opportunities, now therefore, be it
Council File # � � — �a �
GreenSheet# �\\�(.S
20 RESOLVED, that the City Council direct the proper city officials to enter into an
21 agreement with the Dastrict Six Community Council to provide services to youth as described in
22 the Scope of Services which is attached hereto and incorporated herein by reference; and, be it
23
1 ORIGlNAL o�-«.S
2 FURTHER RESOLVED, that the City of Saint Paul hereby agrees to defend,
3 indemnify and hold District Six hannless from any and all damages it may be required to pay as
4 a result of suits, clauns, demands, costs and expenses asserted by any person or persons including
5 agents or employees of District Six or by reason of death or injury to person or persons arising
6 out of, or by reason of any negligent act, omission, operation of work of Parks and Recreation or
7 its employees while engaging in the execution or performance of services under this agreement;
8 be it
10 FURTHER RESOLVED, that nothing in the foregoing provisions shall be conshued as a
ll waiver of municipal tort liability limits and defenses set forth in Minn. Stat § 466.01 et. seg.
V � By
Form Approj`�d by City Att ney
By: J..� 4-� L/ 6-.�-G
By:
Approved b Mayor for ubmission to Council
`h—'c.`— � � By:
/
Approved by Mayor: Date ��� 4(�/J �
By: ������ 1
Adopted by Covncil: Date � �-c�YO�
Adoption Certified by Council Secretary
)�
DEPMTMFNT/OFfiGE(COUNCIL DATE INfiIATm �
GREEN SHEET �g � NO. 111465
Parks and Recreation 5-30-01 p\.. (� Z$
CONTACT PHiSON AND PMONE 1NIl1AlAAT£ INITAIAATE
Vinc6 GillBSpie 26&6408 � O@PRTM@lTO1RECfOR 4 crtrcouNG�
AS96N `
tuMem cd+ 2 cm AttoiUiEY G l u7Y Ct9iK
MU5f BE ON COUNCIL AGHiUA BY �DATq R ��''
pppg� _RNANqAL59tVICESDIR
_� MAYOR (OR ASSISfANTi 5 Parks & Recreation
TOTqLfi�FSIGNATUREPAGES � (CUPALLIACATq116FOR8K11VATINFJ
ACT:ON flE�UESTm:
Approve resolution directing the Division of Parks & Recreation to enter into agreement with and to hold District Six
harmless.
FECOMMENUATIONS: Approva W er Raject IR) P9tBONAL S9IVICE CONIMCTS MUBT ANSWBt TlIEFOLLOIYIN(i ��ffSS710N5:
PLANNIN6 COMMISSION _GIVIL SERVICE COMMISSON �� Nr this pwwNlum aver werked �vsb. a eamM fw ttds Mpertment7
-- CIB COMMITTEE _ YES NO
g y . T � F _ 2. Hr thie penoNfirm ever been e ciN �qoy�7
YES NO
DISTpICT COUNqL
— �— 3. Uoes ihre pereoNfirm pwaaee a ekill not nwmallY p<eee+sed bY+�}' nwront dty amploYea?
SUPPORTS WH�CH COUNCIL OBJEC'fIVE? YES NO
6tW�n M Yn amWxs on+apmet� ah¢ateM ettxh b V�een Mset.
INITIAiING PIi06LEM.ISSUE, OPPORTUNITY (Who, What, WMn, Where.4Yhy1:
The Division of Parks and Recreation offers activities to youth who live within the East Consolidated Weed and Seed
boundaries which are: Maryland Ave. to the north, Bush Ave. to the south, Payne Ave. to the east and 1-35 to the west,
which wouid be at �Ider Recreation Center and Arlington Recreation Center, which would commence on or about
May 1, 2001 and be compieted by October 37, 2001, if the City hoids District Six harmless.
ADVANTAGES IF APPflOVED:
G✓�L.b., v �d.�-= /Lk �...�,.. �.GB- -E ,�.k.,,-4�
�u,.z.-1�,,....r � .G.�--. ��....��. � �..-._ ��-C.� ,� R GL! C I 0! � D
�€�•s
DISADVANTAGE$ {F MPROVED:
� � �-x ..�.,G� �- �'.�"..�"> .e� ° �.' �il�� a4���RN�C�
�e�YC�I �S
DISADVANTAGESIFNOTAPPNOVm: �„� � 4 ��a�,
6�f� 3L
MAY 3l 2�U'
�1TY �TTORNEY
TOTAlAMOUNTOFTRANSACTION S S4.00O.00 � - CO6TMkYBiUEBU00Ef�fGRCIEONq Y65 NO
RMOIN63OURCE GraM acnwrrN�w�eae 23102-33000
FNANCIALINFORMATION: �IXPLAIN)
o t -c y5
PRbFlrES5IONAI. SERVICE AGItEEri3ENT
T�IIS AGREEMEN'f is m�ade aad entered into this fust day of May 2001 by and between
DISTItICT 5T% PLANNING COUNC7L, located at 1061 Rice Street, Saint Paul, MN
55117, (�ereinafter catled "DISTRICT SI3P' and SAINT PAUL PARKS At�D
RECREATIQN, whose address is, 25 West 4'� Street, Suite 125, Saint Paul, MN.SS 102,
hereinafter called °PARKS AND RECREATIOI�i".
WITNESSETH:
Ia consideration of the mutual texms and cond'stions, promises, covenants and
payments 6aeinattez set fourtt�, D15TRICT STK 8nd PARKS AND RECREATIOI�T agtee
as follows'
SEG"1'IOri 1. ,�,� q; Services, PARK5 ANB RECREAITON will provide tt�e
following:
A. Youch Recreational and leisure activities
B. Supplies
C. Entry Fees
D. Bussiqg
E. 5ta�ng
All act'svities ase to be offered to youth who live within the Bast Consolidated 'S7V'eed and
Seed boundaries which are; Maryland Avem�e to the nort}� Bush Avenue to the sout6,
Payne Aveaue to t�e east end T-35 to the west.
Hctivities will take place at either Wilder Recreation Center, located at 958 .lessie Street
Saint Paul, MN. SS 101or Arlington RecreAtion Center, located aL 665 Rase Avenue East,
Saim Paul, MN. 55101.
SECTION 2. Time for Comuletion. The scrvices rendered by PARICS ANU
RECREATION shall wmmence on or about May 1,2001 aad be completed by October
31,2001. PATtKS A23t) RECAEATION shall �onsult with or report to the Weed and Seed
Coordinator aadJor members of the Steering Committee as needed.
SEG"flON 3. ��}n�fa in Sc of Servics�. The EAST CONSOLIDATED
STEERII3G C�Iu1M[TT'E� or PAR[CS AND RECTtEATION may request changes that
would increase, decrease, or otherwise modify the "Scope of 3ervices". DISTRICT SIX
must be informed in advance of such th8nges.
S�CTTOI�T 4. �ifliasa and P�ymente.
A. That for the faithfirl gerfarmance of PARTC5 AND RECREATION to this
AGRE�IN�N'i', I�TSTRICT SIX agrees to seimburse PARKS AND RECREATION
up to 34,000.00 far costs for see�vicea provided. Compensation shall be in accardance
Z0 3Jtld WI211Ntl 66Z959LLtS9 90:Tt S00ZJtiLf90
or-t1s
E:
��
I�
E.
F
with the line item budget as staQed ia exhibit A, wtdch is hereby incorporated by
reference aad made part of the contract.
PARKS AND RECREATION will expend funds in accordaace with Exhibit A and
wsEl submit a revised budgar for appmvat if there is to be a deviation of more thazi
I O°/a in any line item. Alf cornrads are dependern upon Weed and S�d funds, in the
absence of Weed and Seai funds tbis contract is null and void.
Paymants shall be madc by DISTRICT SIX within thirty (30) days after PARKS
AND RECREA'fION's presentation of ievoices for services performed and
aeceptance of such services by AISTRICT ST7�C's authorized representative. Tnvoices
shail be submitted in a format and on a time schedule mutvally egreed to by
DiSTRICT SIX and PARKS ANI) RECREATTON, but in no event less fi
[han quarterly.
All services provided by PARKS AND RECREATI�23 shall be performed to the
satisfaction of DTSTRCCT 5IX as determined by the soie diseretion of its Authorized
Agent and in accordance with ai}-applicable fedaal, state and bcal laws, ordinances,
rules and regulations.
Payments snade pw'suant to titis contract shall bc used oniy for the actual expenses
incurred in performing and accompi9shing the purposes and acti�vities described
herein between the Time fer Completion. No cost incu�red prior to ar after the �d of
the contrad period witl be wmpensated.
Funds witl be allocated to Wilder Recreation Center and Arlington Recreation Cemer
at sn amcnxnt deternrined by PARKS AND RECREATION, with the amount ailocated
to both centere not to exoeed 54000.00
SEC'TION 5. �iacrimination �]ics. At a}I times, PARKS AND RECREATION
shall abide by Ghapter l83 of the Saint Paul Legislative Code in any pe�sQnnel related
poJicies.
3ECTION 6. T�rmination_ Either pa�ty to this AGRE�MENT mat temiiaate it by
giving no less that thirty (30) daqs written notice, uniess otherwise agreed by both parties,
of the intent to terminate to the other pazty. In the event of termination, PAl2KS AND
ItECTiEATION shalf be reimbursed by DISTRICT SIX for ail services actuatly, timely
and faithfully rendered up to the re�eipt of the notice of termination and thereafter vntil
the date of te.rmination.
S"e.C1'TON 7. �deo ndent �'oetra or tus. It is agreed that noxhing herein
contained is intended or shouid be conssived in any manner as creatiag pr establishing the
retstionship of co paRners between the Qarties hereto ar as constimting PARKS ANA
RECREA1TdN as an agent, representaave or employee of DI5TRICT SI?C for any
pu�ose or in any menner whatsoever. FA1tK5 ANA RECREATION and its employces
shall bot be consedared empioyees o£DISTRICT SYX, and any and ail claims t6at may or
might arise under the Wosker's Compensation Act of the State of Minnesota on behalf of
the PARKS AND RECREARION smpioqees while so engaged and any and all tlaims
whatsoever on behalf of pAR�{S AND RECREATTON employees or wlunteers srising
out of employment shafl in no way be the responsibility of DTSTRICT S1X. Except for
the compensation provided ia Section 4 of this AGREEMENf, PARKS ANp
_�. .-- -
E9 39Cd WIa1NC 65S999LLSS9 90�SL L00Z/bS 50
o� -6as
RECREATION employecs sha41 not be entitled to any compensation or ngfrts or benef�s
of any kind wh�tsoevet from DISTRICT SIX. Further DTSTRICT SIX shall in no way be
responsible to defend, indemnify or save hatmless PARKS AND R�CTtEATION
emp3oyees &am tiability or judgements arisiag out of PARKS AND RECREA'T[O1�T
intentioaa! or negligent aas ot omissions of PARKS AND RECREATION or its
emp(oyees wbile pecfora►ing acts specified by this AGREEMEN'T.
SECTION 8. DTSTRICT SIX AIITHORIZED AGENT. DISTRICT STX's
Author'szed Agent for the purpose of administration of this contract is its Executive
Airector.
SECTION 9. AssiPnmcnt PARKS AND RECREATION skalt neitker assign nor
transfer any rights or obligations wder this contrau w+thout prior written conseat oF
DTS'fRICT SIX.
SEGTION l0. A�!ro��r:na and Rctention of Books, PARKS AND R�CRF.AT�ON
agees that sts books, tecords, documents and accotu�ting procEdures and practices
relevant to this contract shall be subject to examinacion b� DISTRICR SIX, the STA'f'E's
Authorized Agent and the State or Legislative Auditor for a minimum of six y�rs_
Records shall be sufficient to reflect ali costs incurred in perfonnance of this w�act.
S�GTiON 11. �yp�g� PAItKS AND RECREATTOI�T witl advise DISTRICT STX
concerning the contract progess through the aubmissian of reports as required by the
AutAorized Agent and the Executive Office of Weed and Seed.
SECT�ON 12. S�rio�Policie�. PARKS ANA RECdtEATION certlfies that it he.c
appropriate hiring poiicies and screening proaedurea for employees and coatractors that
vrill be working with youth and other residents as part of the We.ed and Seed strategy.
SECTId1V 13. Indemnitv. PARKS AND RECREATIOI�i agrees that it shsl! defend,
indemnify and save harmless DISIRIC�' 5T.� and its officers, agents, servants and
emQloyees &om any and ail claims, demends, suits, judgement, wsts and expenses
asserted by any Person or persons including agents or employees of DISTRICT SIX or
1'ARKS AND RECREATION by reason of death or injury to Qerson or persons or lass or
damage to property arising out of, or by r�son, of any negtigent ad, omission, operation
of work of PARTCS ANU RECREATIDN or its employces �while engagad in the
execution or pesfotmance of secvices ander ihis AG$EEMENT.
W! 8
�a • a�rita ggainst bTS�TRiCT SiX aroti^ a e�f e��k :•s -- '
SECTIOtV 14. Amfndmeat of A�eemeat The Agreement may be amended by
further mutua( written agreement ofthe parties thereta. AIST'RICT SIX must be infnrmed
and consuhed with regarding alt amendments.
5ECTION 15. �o�� Adsninistration. In order to coordinace the servicea of
PARKS ANA Ii�C�ATION with the activities of the Weed aad Seed initiative so as to
b0 3�Jttd WIb1Ntl 66t999LLZ59 90:LL
t00ZlbL/50
o�-L�
accomplish the purposes of the contract, the Weed and Seed Coordinator shall manage
this contract on behatf of DISTRTCT 5IX and the East Consolidated Steering Committee
and serve as a liaison between DTSTRICT SIX and PARKS A1�ID RECItEATT�N.
IN WTTIVESS WEiF',ROF, the parties h�eto have executed this agreement, the day and
the year first written above.
Victor A. Wittgetistein 7r_
Packs and Retreation
Kathy Cole
llistrice 6 Ptanning Covnci!
Aate
90 39Cd WI2111Vt1 56i954GLL99 40�Lt SHOZltrSl50