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08-684Council File # //O � fpp y ' Green Sheet #3055638 I - uis�������' ciTY Presented by MINNESOTA u 1 WHEREAS, the City is the owner of certain real property known as Dunning Recreauon Center, located at 2 1221 Marshall Avenue, Saint Paul, MN 55104; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WFIEREAS, due to financial restrictions the City is able to conanue providing outdoor recreation programming, but is unable to continue management of the recreation facility at Dunning; and and WHEREAS, ARTS-Us is a longstanding ar[s and recreational program provider in the Dunning community; WHEREAS, ARTS-Us is committed to developing young leaders in and through the arts; and WIIEREAS, ARTS-Us is dedicated to providing a variety of academic, enrichment, cultural and recreational programs in a safe, healthy environment; and and WHEREAS, ARTS-Us has both an interest and the financial means to manage Dunning Recreation Center; WHEREAS, both ARTS-Us and the City of Saint Pau] wish to enter into an agreement for the management of the Dunning Recreatian Center which will benefit the community in the form of continued recreational opportunities; NOW, BE PT RESOLVED, that the Ciry of Saint Paul and the Saint Paul City Council authorize the Division of Pazks and Recreation to enter into a 5-year agreement for management of the Dunning Recreation Center, by ARTS-Us. Yeas Nays Absent Requested by Department of: Bostrom � ) carter _ A�sttnfilo PA� �% /'�- Hazris � d✓" � , �� ✓ By: vei,.e„ by the Office of Financial Services Stazk Thune Adopted by Council: Date 7 Adoption Certified by ouncil Secretary Br � u - � I p � �/ Approvec} � 1 ia�� r: / p 6 p /L,f� By: l/ � Approved by City Attomey By: �..Gi � �e�!� Approve by n or for Submission to Council By: � oJ2/N: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � �!�$� j pR —Parks and Recreation Contact Person 8 Phone: 1Sathy Korum 266-6373 Must Be on Gouncil Agentla by (DateJ. 25-JUN-08 Doc. Type: RESOLUTION E-Document Required: Y �ocument Contact: Bev Meissner Contact Phone: 266-6413 17-JUN-08 � Assign Number For Routing Order Total # of Signature Pages � (Clip All Locations for Signature) Green Sheet NO; 3055638 0 arks and Recreatloa 1 azks and Recreation De artment Director 2 " artcial Services inancial Services 700 CH 3 ity Attomev Citv Attornev 400 CH 4 a or's Office Ma or's Office 390 CH 5 ouucil Council 6 i Clerk Ci Clerk {�a�{�S 300 G.�} Approval of resolution authorizing the City of Saint Paul Pazks and Recreation to enter into a 5 year agreement for management of the recreation facility at Dunning Recreation Center by Arts-Us. ' Planning Commission CIB Commiiiee Civil Service Commission 1 Has this persoNFlrm ever worketl under a contract for this depadment? Yes No 2. Has this person/firtn ever been a city employee� Yes No 3. Does this person/firtn possess a skill not normally possessed by any curtent city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Due to financial restrictions the CiTy is unable to continue providing recreation programs at Dunning, but wish to enter into an agreement for the management of the Dunning Recreation Center with Arts-Us. Advantages If Approved: The residents of St. Paul will srill be provided with various activities. Disadvantages !f Approved: None � �� ! i �, ad�� �� 5 Disadvanqges If NotApproved: 7ransaction: Funtling Source: CostlRevenue Budgeted: Activity Number: Financial lntormaYion: Note: Arts-Us is assuming 100% cost of urilities and mainYenance. There is a significant savings to the City (Explain) having Art-Us manage facility. June 17, 2008 8:59 AM Page 1 I • ��. AGREEMENT BETWEEN "THE CITY OF SAINT PAUL DIVISION OF PARKS AND RECREATION AND ARTS-US THIS AGREEMENT, dated this 15th day of 7une, 2008, 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 ARTS-Us, hereinafter referred to as ARTS- Us. WITNESSETH: WHEREAS, the CTTY is the owner of certain real property known as Dunning Recreation Center, ("Dunning") located at 1221 Marshall Avenue, Saint Paul, MN 55104, and due to financial restrictions will be forced to cease programming at Dunning; and WHEREAS, ARTS-Us is able to facilitate youth and adult prograxuming, and; WHEREAS, both parties wish to enter into an agreement for the management of programnung for the spaces at Dunning which will provide benefiYs to the community in the form of continued recreational opportunities. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, parties agree as follows: 1. TERM A. The term of this Agreement shall be for a period of five (5) years, commencing upon the date of execution of this Agreement and ending on the date five (5) years thereafter, unless earlier terminated pursuant to paragraph 10 of this Agreement. Thereafter, the parties may renew this agreement annually upon written notice, signed by both the CITY and ARTS-Us. The renewal request shall be submitted by ARTS-Us to the CITY, 90 days prior to the expiration date ofthe contract. 2. USE OF SITE. A. ARTS-Us shall staff, program and manage the Dunning recreation building during the term of this Agreement, and shall manage the staff and programs at the facility. Public use of the building in the form of access to meeting rooms and restrooms will be maintained at a level to be agreed upon by the CITY and ARTS-Us. og-�gy B. T'he premises which make up the Site shall include non-exclusive use of the parldng lot located immediately to the south and east of the Dunning Recrearion Center and all walkways and paths leading to the Recreation Center from Griggs. It is agreed that the basement and outside equipment storage shall remain subject to the exclusive use by the Dunning Boosters. This City reserves the right to schedule the parking lot for use by outside groups, or during special events which involve the adjacent Dunning field space. The City agrees to norify ARTS-Us in advance regarding these occasions by giving rivo weeks written notice. C. MECHANICAL AND PERSONAL PROPERTY. The mechanical and personal property of the City set forth on the schedule attached to this Agreement, as Exhibit A, shall be deemed to be part of the premises managed by ARTS-Us, shall be accepted "as-is"and at the termination of the agreement, shall be returned to the City in substantially the same condi6on as set forth in Exhibit A, absent normal wear and teaz, and alterations occasioned by routine maintenance and/or repair. All of the detached fwniture and equipment owned by the City shall remain the property of the City although it may be used by ARTS-US during the term of this agreement. D. ARTS-Us will have the first right to schedule the interior space located at Dunning for programs. When no conflict with prograznming provided by ARTS- Us individually, or by one of its associates will result, the space may be made available to the CITY for prograuuning and then to the public in consultation with ARTS-Us for general use. E. The CITY shall be responsible for staffing all programs managed by the CITY. F. The CITY shall continue to list Dunning Recreation Center on the CITY's Saint Paul Parks and Recreation website with the same degree of detail and updated information the CITY provides for the recreation centers it continues to manage. G. With the approval of the CITY, ARTS-Us shall have the right to enter into relationships with other non-profit entities or individuals to provide recreation prograuuning, or other programs which serve a public purpose. H. The CITY will provide outdoor restroom facilities at the Toni Stone Stadium during the Summer Baseball season, in accordance with CITY maintenance schedules. I. The CITY shall provide support through routine visits by the Parks Security staff as available. J. ARTS-Us may contract with the CITY to staff building rentals at a rate of $20/hour per staff inember. ARTS-Us agrees to manage the rentals and submit payment to the CITY for contracted staff as billed by the CITY. 08 �1�Su • : �ul_ • A. The parties have agreed that in lieu of rent, ARTS-Us shall be responsible for the indoor maintenance and payxnent of utilities, as desi�ated herein, at Dunning during the term of the Agreement, and shall at its own cost, staff and schedule use of the center. The responsible party on the utility bills shall be changed to reflect the obligarion of ARTS be �nnin g July 1, 2008. Because ARTS-Us is providing programming on behalf of the CITY to residents of Saint Paul, and because the CITY shall retain ownership of the Duuning building, ARTS-Us shall not be required to pay any real-property tas or assessments connected with the premises. 4. MAINTENANCE & REPAIR A. ARTS-Us shall be responsible for all maintenance, repairs and housekeeping for the interior of Dunning, including daily cleaning, and routine repairs. ARTS-Us will provide staff and supplies for that purpose. ARTS-Us may contract with the CITY to provide some maintenance and repair services at the internal CITY rate. B. ARTS-Us shall be responsible for putting trash in the duxnpster that will be provided by the CITY. The CITY shall be responsible for emptying the dumpster on a routine schedule. C. ARTS-Us shall be responsible for payment of all gas and electric services for Dunning. The City shall pay for the cost of water at the site. D. All grounds maintenance will be the responsibility of the CITY. Fields will be maintained at the same level as other City facilities. Other than the walk from front door to main sidewalk, the CITY shall be responsible for all snow and ice removal on steps, walkways and parking lots. Snow removal shall take place after each accumulation of more than two (2) inches of snow. ARTS-Us shall be responsible for clearing and shoveling the walk from the building's front doar to the main sidewalk at the parking lot curb. Snow and ice removal is the responsibility of ARTS-Us if the accumularion is less than two (2) inches. E. ARTS-Us shall not be responsible for the costs of repairing, replacing, renovating or retrofitting any of the shuctural parts of the leased premises including: footings and foundations, beams, joists, columns, load-bearing walls, exteriorwalls and faqade, stairs, floars, decks, ramps, ceilings, roofs and roofing. ARTS-Us shall not be responsible for repair or replacement of main utility lines, or water mains. ARTS- Us shall not be responsible to paint interior walls unless the walls aze damaged beyond expected normal wear and teaz. ARTS-Us is responsible for minor repairs to the interior and exterior of the building. Such repairs include, but are not limited to: pluxnbing and electrical repairs, door handles, heating and cooling system repairs, carpet and other flooring repairs. F. The cost for repairs or replacements shall be distributed as follows: 1) ARTS-Us will be responsible for repair items which cost up to $1000. /� � � 2) For repair costs exceeding � 1000, ARTS-Us and the CTTY shall each pay 50%. For repair costs exceeding $4,999.00, the CITY shall pay 100%. 3) The CITY a�ees to conduct routine boiler inspections and perform required maintenance on the boiler at the Dunning Recreation Center. Repair costs for the boiler (if required) will be shazed as outlined above. G. ARTS-Us shall not be requued to replace any item listed in EXF3IBIT A unless replacement is due to the negligence of ARTS-Us. ARTS-Us understands that the CITY is not obligated to replace these items should they fail to be in operating condirion, and will only do so at its own discretion. 5. ALTERATIONS. ARTS-Us will not make any alterations to the premises without the written consent of the CITY. If ARTS-Us desires to make any such alterations, an accurate descriprion of the project shall first be submitted to the CITY in writing and such alterations shall be done at the expense of ARTS-Us. All such work shall be done under the CITY' S supervision and any improvements shall become the property of the CITY at the end of the agreement term. ARTS- Us agrees that any alterations shall be done in a workmanlike manner and in conformance with all applicable law, regulations and building codes; that the struchual integrity of any and all building systems will not be impaired and that no liens will be attached to the premises by reason thereof. 6. REPRESENTATIVES. The City's representative for this agreement will be the Recreation Services Manager or his/her designee. The ARTS-Us representative for the purposes of this agreement will be the Executive Director or his/her designee. Any notices or correspondence on this agreement shall be sent to: Saint Paul Parks and Recreation 25 W 4`" Sireet room 300 Saint Paul, MN SS102 Arin: Recrearion Services Manager ARTS-US 1221 Marshall Avenue Saint Paul, MN 55104 Attn: Execurive Director All notices shall deemed to have been given when served personally on CITY or ARTS-Us or by mail upon deposit in a United States mail box, postage pre-paid, addressed to Saint Paul Parks and Recreation or to ARTS-Us at the above address. 6. IlVDEMNIFICATION. ARTS-Us agrees to indemnify, defend, save and hold harmless, the CITY and all its agents, officers and employees thereof from all claims, demands, actions, judgments, suits or causes of action of any nature or character, arising out of ARTS-Us use of the premises except to the extent that such claims arise out of the CITY' S failure to maintain the premises in accordance with this agreement. ARTS-Us shall provide the CITY with norice of any injuries, claims, or suits submitted to them, within thirty (30) days of receipt of such notice, claim, or suit. I� / i 7. INSURANCE. The CTTY shall insure the CITY'S building for fire and comprehensive property damage coverage. ARTS-Us will provide the following insurance during the term of the agreement: a) ARTS-Us shall be responsible for the self-insurance of, or for the acquisition of Commercial Property insurance on its own personal property and the property of anyone using the facility. b) Comprehensive general liability insurance including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $1,200,000 aggregate, or $400,000 per occurrence shall be purchased by ARTS-Us. Such insurance shall 1) Name the City of Saint Paul as "additional insured" 2) be primary with respect to the CITY'S liability insurance or self- insurance and 3) not exclude explosion, collapse, or underground property damage. c) Worker's Compensation insurance with not less than the statutory minimum limits, and employer's liability insurance with minimum limits of at least $100,000 per accident. d) ARTS-Us shall supply to the CITY current insurance certificates for policies required in this agreement. The certificates shall certify whether or not ARTS-Us has errors and omissions insurance coverage. e) Nothing in this agreement shall constitute a waiver by the CITY of any statutory limits or exceptions on liability. fl ARTS-Us shall place insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by the CITY, and shall deliver copies of the policies to the CITY on or before the date of the full execution of this agreement if required. The policies shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the CITY 30 day's written notice. g) Waiver of Subrogarion. The CITY waives its right of subrogation far damage to the premises, contents therein, loss of income, up to the amount of insurance proceeds collected. ARTS-Us waives its right of subrogation for damage to the premises, contents therein, loss of income, up to the amount of respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph, and if either cannot waive its subrogation rights, shall immediately notify the other party, in writing. h) Should ARTS-Us fail to purchase or maintain the insurance required herein, the CITY may at its option purchase said insurance in the commercial market and ARTS- Us shall reimburse the CITY for all premiums and costs whatsoever for said insurance. 8. NON-DISCRIMINATION: ARTS-Us will not discriminate against any participant or employee wishing to participate in its programs or any person wishing to use the recreation center or its fields because of race, creed, religion, color, sex, sexual ar affectional orientation, national origin, ancestry, familial status, age, disability, marital stahxs, or status with regard to public assistance and will take affirmative steps to ensure that participants are treated without the same during their participation in programs or use of the facility. Ii /i 9. RIGHT OF ENTRY At all times during the term of this a�eement, the CITY retains ownership of the premises and shall have the right, by itself, its agents and employees, to enter into and upon the Premises during reasonable business hours or, in the event of an emergency, at any time for any legirimate purpose. 10. TERNIINATION. A. Either party may terminate this agreement by giving written notice to the other party ninety (90) days prior to cancellarion or tennivarion. Upon ternunation by the CITY, ARTS-Us shall be permitted to complete any classes or inshuctional programs in session and that were in session at rime of the notice of termination. B. At the termination of this a�eement the premises shall be surrendered peacefizlly and returned to the CITY in the same condition as received, reasonable wear and teaz notwithstanding. 11. AMENDMENTS. No amendments to this Agreement shall be effective without being reduced to writing and executed by both parties. 12. ASSIGNMENT. The CTTY and ARTS-Us each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the CITY nor ARTS-Us will assign or transfer their interest in this Agreement without the written consent of the other, with the understanding that ARTS-Us may rent portions of the Site to other parties, with approval of the CITY, upon terms agreeable to ARTS-Us and may retain the rental proceeds. The CITY shall not withhold consent for reasonable requests. Nothing in this Agreement shall preclude ARTS-Us from seeking addirional funding through grant proposals submitted to foundations and other potential sources of funds, including the CITY. 13. WAIVER. Any fault of a party to assert any right under this Agreement shall not constitute a waiver or a terminarion of that right, this Agreement, or any of this AgreemenYs provisions. 14. ENTIRE AGREEMENT. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. 1= ' • IN WITNESS WI�REOF, the parties have set their hands the date first written above. APPROVED AS TO FORM: Assistant City Attomey ARTS-Us Executive Director CITY OF SAINT PAUL Mayor City Clerk ARTS-Us Board Member Director of Financial Services Director of Parks and Recrearion ��- �gy EXHIBIT A Property List Descrinrion of Propertv Condition of Pronertv Date Stove Refrigerator Chaus (number) Tables (number)