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04-1102Council Eile # 0 �//��"' Resolution # Green Sheet �� 6� f JJ Presented By Referred to RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Committee: Date 1 WHEREAS, The First Tee, as a division of the World Golf Foundarion, Inc., is a national 2 organization whose mission is to 'vnpact the lives o£ young people by providing learning facilities 3 and education programs that promote character-development and life-enhancing values through 4 the game o£ golf; and 5 WHEREAS, the Chapter was formed for the purpose of providing Saint Paul area youth 6 with golf and life sldlls lessons that meet the mission statement of the organization; and 7 WHEREAS, the Chapter wishes to use the Highland National Golf Course, 1403 8 Montreal Avenue, Saint Paul, Minnesota, 55116 to provide golf lessons as part of the curriculum 9 it offers to participants, and the City is willing to provide access in exchange for a monetary l 0 contribution to the facility; and 11 WHEREAS, in exchange for the Agreement to allow access to Highland National Golf 12 Course the Chapter will apply to the First Tee national organization far a grant in the amount of 13 $75,000, which it will use to compensate the City far said access; now, therefore 14 BE IT RESOLUED, that the proper City officials are authorized to enter into agreement 15 with the Saint Paul Chapter of the First Tee national organization. � �d�� !/�7/.lS � il, • -• �� • �- - By: Requested by Division of Parks and Recreation By: " � � Adoption Cert�fie� by Council Secretary ,� oy-,�oa- �, Green Sheet Green Sheet Green Sheet Green Sheet Green SheEt Green Sheet — -- -- . . - -- DeparimenVo�celcouncil: Date Initiated: pR ParksandRecreation 0&NOV Green S hee t NO: 3 0 241 53 � CoMad Person & Phone: � VnceGillespie � 266-6408 �, Must Be on Council Ageoda by (Date): � Assign Number For Routing Order Deoartrnent Sent To Person Initial/Date 0 arFsand Recreauoo � � 1 ,'�'arl'sandRecreafiun �'� DeoarhnentDirector � �� 2 �N Atto ne � CiN Attorne 3 � avor's Oflice I MavodAssis ' 4 'Council Ciiv Council 5 �Parls and Recre a6on ,____ Vinc Gilles�__ ____. __ _— _--- _ _.__--___ 6 �Yarks and Recreation __` ____ _ , _ .. _ _ __ __ �� Totat # of Signature Pages �(Ciip All Lowtions for Signature) � Action Requested: � ; Approve resolurion authorizing staff to enter into an agreement with the St Paul Chapter of the First Tee youth golf development program. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: � ' M1. Has tfiis personlflrm ever worked under a contract for this department? � Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personlfrm possess a skil4 not normally possessed by any current city employee? � Yes No Explai� all yes answers on separete sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Division of Pazks and Recreation desires to enter into an ageement with the St Paul Chapter of the First Tee for providing youth i development lessons. The First Tee will provide the City a grant for up to $75,000 for facility development. This grant will be used to i help support the funding for the Highland National golf course. ��, AdvantapeslfApproved: The St Paul Cbapter of the First Tee will pxovide youth developmern golf pcograms for the City. The chapter will also apply for a faciliry development grant from the First Tee narional program. Disadvantaites If Approved; None � Disadvantaqes If Not Approved: � ` i The City wIll have to seek an altemative program provider and the facility grant will not be available. V �Transaction: '$� Fundinp Source: CosURevenue Budgeted: y Activiri Number: 325-23116 Fi nancial I nformati on: (Explain) � ROUTING ORDER: � � � � � � �� ' fseiow are coirect toutings for�the soc most frequent rypes of doc� �mmeats: �� CONTRACTS (assumes auUiorized'budget e�cists) , COiJI�FCII. RESOI:IPITON (amend budgets/accept grants) , 1. OutsideAgency . 1' DepaztmentDuecfot , , 2: Deparm�ent Director 2. 0ffice of Einanciel Secvices'D'iieccor ' 3. CifyAttomey ; 3. Cily'lkttomeg', , „ 4, Mayor/Assistant (for contracts ov�,S25,000) 4. ,lvfsyor/AssisYSnt :, 5. Htm�an Rigfits (for con�acts over $50,000) , 5. 'City Coimcil 6. Office ofFinancial' Services - Accoimting 6: O�ce of Fin�ciat Serciices - Accoimting , � � � � � � ^ �, , � ADMINIISTRATIVE ORDERS (BudgetRevision} COiJNCII.RESOLUTLON(a}I othecs snd Otdinances) ', 1. Activi4y'M�agerarDep'artmentAccoimtant 1'. Depat�entDiiector � 2. DepechnentDirector � � � � 2. ,Cit}'Attome3''' � � � � � 3l Office ofFiu�cial SeivicesD'uector , 3:, MayodAssistant ' , 4. Ciry Clerk � � � � 4.' City Coiuicil , � � � � � � � 5. O�ce ofFinencial Secvices - Acxounting � � � � � � � � � � � � , � � Al?h�IfSTRA'fT'VE ORDII2S (all qthers) EXECUTIV$ OI�DER � � � � „ � 1,DegazmzentDirector, 1.,I��tmeut'Directot � � � � � � ?.�' CityAttoiney '� � � 2.�,CAyE�ttomey�� „' , � � � ' 3. O&ce ofF'uianciat Ser¢ices Director 3: MayorlQ�vsf�t � 4. Czty,Clerk � � � � � 4-, � Cit9 eTFrk` , � � � �� 1'OTAL NUMBEK OF SI(i23ATURE PAGES � � � � � � � � � � � � ' Sndicate tfie # of psges on which sigoaUaes ere requued and papenli4'or flrg each of these pages. ' � � ACTION REQtTESTID � � � � � � � Descnbe wbat ffie projectFreqoest sed� to eccomplish m e�tfier,chronologicai arda or otder of'importance, whichever'ss ,' , . � � m�ta�propnatefortheissue. Donotwritecompletesenten�ces. ' ,eachitemmyaurLstwithaveab., RECOMMES�)ATIONS , Complete'if the issue id ques[ion has been presented before an3'�Y, Pabiic ot pzivate. PERSONALSERVECECONTRACTS: This informstion wiil he tised to detecmine the ci 's liab" ' for workas 'on claims; taxes �d civil , tX eompe�sah ProPer , ' servicehiriagtvtes. . II�RTIATINGPROBLIIv; ISSUE; OPP,OR1'UNITY ' � Explainthesitaationa�condiROnsthat��created�eneedforyo�,projecfor�quest. ;,, � � � � ADVANTAGES3E APPRO'VID � � � � � � � � � � � � � � �� ndicete whethet this is simP1Y ffi-amnual bPdBet Procedure re4�iired b3' law/charter oi whethec there ate specifia ways in wLichtfie,CityofSaintF�ul'snditseitizensw�I;benefitfromtlSspLO�ecUacfion. " , • , a ,taffic �no�se, O1 � � � � � � � � � � � �� UISAI?VANf.4Y'iES�E'�APPROVID � � �� ', What ne ��' .' t�cinawses � a5se,c�ents ? To� �Bbt � ProJ�� P�� ' gah e effects or mej ,, cfiengesto, e�ashag or ast � � ptoduce if it �s � ) ,whbm2 Whea7F�Imw1 DISADVANTAGES IF badT APPROVED " ' � , W6at witl be the negah:e conseque�s'afthe promised ach� rs not epproved7 Inabilityto deliver seivice7 Cont�e ,; hightra�ic,�ise,abcidenCCate? Loss;ofreveane?, � �� _ k7NANCTAL 11viPACT ' Alth must ta'tlor � infoimafion ou, rovide here to the "'ss.me aze addressin in eral must answa , ' 9�}rou t g � 8 Y P 8 � B P „ S� Y� , l� , ,B� � =F�o �. . � � � � �� two ons , w'�:.� �s,i, to cosf? Who is ta ay`! ., , „ „ � � � � � . � � �, � � � � � � � � „ � .. � . �� o`{- /�o �- Golf Facilitv Use A�reement Between the Citv of Saint Paul and The FYrst Tee of Saint Paul, Minnesota This use a�eement is by and between the City of Saint Paul, a municipal corporarion of the State of Minnesota (hereinafter "Cit}�') and the Saint Paul Junior Go1f Pro�am, a Nli�esota not-for-profit corporarion and a Chapter of the First Tee (hereinafter "Chapter"). WHEREAS, The First Tee, as a division of the World Golf Foundarion, Inc., is a national organization whose mission is to impact the lives of young people by providing leanung facilities and education pro�ams that promote chazacter-development and life-enhancing values through the game of golf; and WHEREAS, the Chapter was formed for the purpose of providing Saint Paul area youth with golf and life skills lessons that meet the mission statement of the arganization; and WI�REAS, the Chapter wishes to use the Highland National Golf Course, 1403 Montreal Avenue, Saint Paul, Minnesota, 55116 to provide golf lessons as part of the curriculum it offers to participants, and the City is willing to provide access in exchange for a monetary contribution to the facility; and WF�REAS, in exchange for the A�eement to allow access to Highland National Golf Course the Chapter will apply to the First Tee national organization for a grant in the amount of $75,000, which it will use to compensate the City for said access; now, therefore Parties, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, ag�ee as follows: 1. Scoge of A�reement. It is a�eed that City will provide use and access to the Highland National Golf Course, more particularly described in.Exhibit "A" attached hereto (the "Golf Facility"), Chapter participants in accordance with the minunum access and prograxn use requirements of The First Tee, more particularly described in Exhibit `B" attached hereto, a division of the World Golf Foundation in St. Augustiue, Florida. Specific times and dates of the use will be mutually determined by the parties annually. 12 City will provide a certain number of discounted rounds of golf for each qualified Chapter participant wishing to obtain certification under First Tee's curriculum. City and Chapter shall }ointly determine rates and the number of rounds annually. 1.3 Green fees for non-certification rounds played by Chapter participants and for range balls will be set at an appropriate discounted price as agreed by the parties annually. These fees will be paid by the participants before play or otherwise subsidized by the Chapter ar a third party. 1.4. Chapter and City will specify and a�ee upon the hours of operation in which the above- described access and use criteria are to be satisfied, and cooperate on all other program and oy- ��o�- operating matters under this A�eement. 1.5 In determin;ng reasonable access and use, the parties will adhere to First Tee's access guidelines of fully inte�ating Chapter's participants use into the rhytluu of play of the other patrons at the Golf Facility, which means balancing the need for City to exclude "peak times" with reasonably convenient times for young people. 1.6 City will provide a work station for the director of the First Tee pro�am. 1.7 City will provide access to the Highland 9 hole golf course as open tee times are available. 1.8 First Tee will pay the City for aids ar companions for Pirst Tee pro�am participants who require accommodation due to a disability. 2. Term: The Term of this A�eement shall begin effective , 2004 and sha11 continue until, , 2019. 3. Com�ensation. The Chapter will apply to the First Tee national organization for a grant in the amount of $75,000 which will be used to compensate the City for the use of the Facility. 4. Citv control. At all times during the term of this Agreement, Chapter participants are subject to the same rules and regulations related to use of the facilities as any other member of the public, and failure to comply with such rules and regulations may result in a determination that the participant is no longer eligible to participate at the Golf Facility. Any such determination shall not be considered a breach of the Chapter's right of use and access by the City. 5. Indemnification. To the fullest extent permitted by law, Chapter shall, and hereby does, indemnify, save, hold harmless, and defend the City (and its officials, employees, representatives and agents) from and against all claims, costs, (including reasonable attorneys' £ees) liabilities, losses or damages suffered ar incurred by the City (and its officials, employees, representarives and agents) arising from or as a result of any loss, injury, death or damage to persons ar properiy arising out of the use of the Golf Facility by Chapter participants, except to the extent that such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the City ar its officials, employees, representatives or agents. 6. Insurance: The Chapter shall be required to carry insurance of the kind and in the amounts shown below for the life of the contract. Insurance certificates should state that the City of Saint Paul, its employees and officials are Additional Insureds. 6.1 Commercial General Liabilitv Insurance Bodily Injury $ 1,000,000 $ 2,000,000 Property Damage each occurrence aggregate $ 1,000,000 $ 2,000,000 each accident ag�egate o�(- /1oa Policy must include "products and completed operations" Covera�e. 6.2 Automobile Insurance Bodily Injury S 7�0,000 per person S 1,000,000 per accident Property damage not less than 550,000 per accident b3 General Insurance Requirements 631 The policy is to be written on an occurrence basis or as acceptable to the CiTy. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certificates of insurance shall provide that the City' s Division of Contract and Anaiysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any material changes in the policy, including, but not limited to, coverage amounts. Agent must state on the certificate if policy includes enors and omissions coverage. 6.3.2 The Chapter shall provide a certificate of insurance to the City of Saint Paul on or before the commencement of the program. Failure to provide the insurance shall invalidate this a�eement. 6.3.3 Nothing shall preclude the City from requaring Chapter to purchase and provide evidence of additional insurance. 7. Independent Contractor. It is agreed by the parties that, at a11 times and for all purposes within the scope of the Agreement, the relationship of the Chapter to the City is that of independent contractor and not that of employee or joint pariner. 8. Com�.liance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of Chapter in the use of the property to comply with all laws, rules, regulations or ordinances vnposed by any jurisdiction affecting the use of the Golf Facility as described herein. 9. Non-Discrimination. The Chapter agrees that no person, on the ground ofrace, sex, sexual or a£fectional orientation, color, creed, relia on, age, disability, familial status, marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to disciimination in the use of said facilities. At all times First Tee shall use the Property in compliance with all other requirements imposed pursuant to the Saint Paul Legislarive Code Chapter 183, Minnesota Stat. Chapter 363 and a11 other 5tate, Local or Federal laws, rules, regulations relating to discrimuiation. 10. Assi�ning of Rights: Neither party may assign its rights under the agreement without the express written consent of the other party. This A�eement shall be governed by Vlinnesota law and binding upon and inure to the benefit of the Chapter, City and their duly authorized successors and assigns. Tlvs Agreement shall not be modified ar amended except by a writing D�{-lloa E�TT "A": GOLF FACIT.ITY Hi�hland National 1403 Montreal Avenue Saint Paul, Minnesota, �5116 18-hole regulation golf course with forward tees, driving range, complete practice facility, clubhouse, and indoor classroom space. E��IT "B": THE F'IRST TEE MINIMUM ACCESS REQUIREMENTS The Chapter shall provide extraordinary access to golf for young people who are reb stered participants in T'he First Tee Pro�am at the Facility. This will include on-site instruction and dedicated access to the driving range, short game and practice areas, with demonstrated capacity for The First Tee participants to gain access to the Facility at convenient tunes and for The First Tee's use to be fully integrated into the rhyttun of play of other patrons at the Facility. Specifically, the Chapter shall provide the following as part of The First Tee Program: For Registered Participants in The First Tee Program: The Chapter shall provide no less than 250 free hours per calendar year of junior programming at the Facility, which shall include free group insiruction on the driving range and in a classroom setting. Classes shall include beguuung, intermediate and advanced group inshuction. The Chapter shall also provide far each re�stered The First Tee participant access to 4 rounds of golf per month during the golf season at the Facility or, altematively, may provide such access at an Affiliate at no cost or at low or discounted rates. Use of the driving range, short game and pracfice azeas of the Facility shall also be provided at rates affordable to the participants. For Registered Participants in The First Tee Prograin See�ng Certification: In addition to the requirements stated immediately above, the Chapter shall provide additional access, which shall include 16 free rounds of golf at the Facility and/or at an Affiliate during the program period 'm which the pazticipant is seeking The First Tee certification. In no event shall the Chapter deny access to The First Tee learning experience because of a participanYs inability to pay. The Chapter will secure adequate sponsorship funds to provide the required no-cost access to participants. In addition to The First Tee Program Curriculum, the Chapter shall use its best efforts to plan, develop and implement programs and initiatives: (n for pre-teen youths, (ii) for the disabled, including physically and mentally challenged participants; (iii) for the deaf; (iv) for disadvantaged inner-city groups and youths, particularly minorities; (v) with locai not far profit �oups, such as the YMCA, YWCA, Boy's and Girl's Clubs, etc.; (vi) with area elementary and/or middle schools, high schools and community colleges; and (vii) as the parties mutually designate. p�- (/oa- si�ed by all parties. This A�eement constitutes the entire a�eement of the parties and supersedes all prior written and oral a�eements and understandings related to the subject matter herein. 11. Termination. Either party to this A�eement may terminate it, with cause, by �ving at least thirty (30) days writteu notice of the intent to terminate to the other pariy, which notice shall set forth the basis upon which the Party is claiming a defauit and allowing an opportunity to cure such default. Cause shall be a material breach of a term of the a�eement. 12. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this A�eement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Chapter: 13. Foree Majeure. The City shall not be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not lvnited to: severe weather and storms, earthquake ar other natural occurrences, power fa3lures, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. The parties hereby execute and deliver this Agreement as of the day and year first above written. THE SAIIVT PAUL J[.7NIOR PROGRAM By its President By its Vice-President Approved as to form: GOLF CITY OF SAINT PAUL Mayor Director of Parks & Recreation Directar of Finance Assistant City Attorney