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08-939Council File # Qg —��� Green Sheet#3058415 RESOLUTION i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WI-IEREAS, The CITY has prograuuning space at various recreation centers which is not being fully utilized, and; WHEREAS, the YMCA has the ability to provide consistent, quality programming that wil! supplement and enhance existing CITY recreation prograzns witl�out negatively impacting CTTY employees, and; WHEREAS, both parties wish to enter into an agreement to further the mission of both organizations, by working together on an on-going basis to jointly provide programs that engage and support youth and families and provide oppor[unities for physical activity, and; WHEREAS, the value and visibility of both organizations can be enhanced through a structured azrangement to provide programs, and 4VHEREAS, all programs and collaborative projects will be cost neutral for both the CITY and the YMCA, NOW, BE IT RESOLVED, that the City of Saint Paul and the Saint Paul Crty Council authorize the D�vision of Parks and Recreation to enter into a 1-year agreement with the YMCA of Greater Saint Paul. Bostrom Carter Harris Thune � J Y Adopted by Council: Date � a7 Adoprion Certi6ed by Council Secretary gy_ BY� � �}- ! Approve y' Date O Z7 l.�� By: �. Requested by Department oE ✓ Parks and Recreation B . �.,� ' ,��,� � Approved by the Office of Financial Services By: Approved by City By: ___�1� to Council � Green Sheet Green Sheet Green Sheet Green Sheet Creen Sheet Green Sheet � o�^�� i DepartmenUoffice/council: + Date Initiated: � �� �T � Contact person & Phone: � i I Kathy Korum � � � 0 266-6373 � i � Assign ; 7 i Must Be on Council Agenda by (Date): Number 27-AUG08 I For � Z � Routing � 3 I Doa Type: RESOLUTION i Order � 4 � E-Document Required: Y � I 5 Document Contact: Bev Meissner ConWCt Phone: 266-6413 Total t1 of Signature Pages _(Ciip All Locations for Signature) �Parks and Recreation ' Parks aod Recresflon Depar[ment Director ; �Citv Attornev �or's 0f3ice MavoNASSistant ouncil I iN Clerk CiN Clerk Approval of reso]ution authorizing the CiTy of Saint Pau] Pazks and Recreatiou to enter in[o a one year agreement with the YMCA of Greater Saint Paul. itlations: Approve (A) or R Planning Commission CIB Committee Civi1 Service Commission A:�S 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person�rm ever been a city empioyee? Yes No 3. Does this person/firm possess a skill noi normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Probfem, Issues, Opportunity (Who, What, When, Where, 1Nhy): The City has progamming space at various recreation centers which is not being fully utilized and the S'MCA has the ability to provide consistent, quality progranuning that will supplement and enhance existing City reczeation programs wi[hout negatively impacting City employees. AdvantageslfApproved: . � , � . The residents of Saint Paul will sdll be provided with various activities. � Disadvantages If Approved: None Disadvantages If Not Approved: Transaction: Funding Source: Financia l Information: (Explain) Cost/Revenue Budgeted: Activity Number: ' 'z.:'; �; ...,.�: . ,,+.�; �, � :� ` August 19, 2008 10:13 AM Page 1 o��� . PROGRAMMNG AGREEMENT -- -- - -- - — __ �: _ — - — - -_���rs���r�� -- -- _ _.__ � -- "T vY LLl \ 1 - CITY OF SAINT PAUL, PARKS AND RECREATION AND YMCA OF GREATER SAINT PAUL This Agreement is entered into the day of August, 2008, by and between the City of Saint Paul, vlinnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, ("Czty"), and YivICA of Greater Saint Paui ,a not-for-profit entity, ("YMCA,"). WHEREAS, the City has programming space at various recreation centers which are not being fully utilized, and; WHEREAS, the YMCA has the ability to provide consistent, quality programming that will supplement and enhance existing City recreation programs without negatively impacting any City employees, and; WHEREAS, both parties wish to enter into an agreement to further the mission of both parties and work together on an ongoing basis to jointly provide recreationai programs that engage and support youth, teens and families of the Saint Paul Community. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth parties agree as follows: L Term. The iniria] term of this Agreement is for a period of one (1) year from the date it is fully executed. The parties may renew the Agreement for two additiona] one year terms. No later than three months prior to the expiration of the iniria] term, parties shall meet to review the collaboration goais and the Agreement to determine whether, in the event of renewal any revisions are necessary to the Agreement. 2. Scope. Parties agree that the purpose of the collaboration is as foliows: A. To provide successful and consistent YMCA programs as part of a community outreach effort, to youth, teens, families and the citizens of Saint Paul. B. To provide YMCA programming that will supplement, not duplicate, Saint Paul Parks and Recreation Programming. C. To provide additional opportunities for youth and fam�lies to access Saint Paul Parks and Recreation facilities during times when the facilities are not traditionally open or city-staffed. A All programs and collaborative projects will be cost neutral for bofll the CITY and the YMCA. o�-� � E. To encourage both youth and adults inv_oLv with rhP „, ,.�.,�.+� t ,., �,,, ,, -- - -- --- - -eo�at eogr�z�a sfan�� value of"� orgamzations, witl goal of improved health through increasing participation in recreational activlties. F. The YMCA reserves the right to cancel a class or activity if the proo am minimums are not met based on pro�am costs. The YMCA will notify the City of a cancellation no later than 48 hours in advance of the affected class or activity. Fees and Payments. A. Registration for YMCA programs which are to be held at Pazks and Recreation sites shall take place through the Parks and Recreation Division, which shall collect the fees and submit a check to the YMCA at the end of each quarter. B. Quarterly the YMCA will review its financial records and determine the financial gains from the collaborative programs and shall pay the City an amount equal to 50% of the net profits from that quarter. City Responsibi]ities. A. The City will provide the YMCA with access to Parks and Recreations facilities for the purpose of providing programming which has been agreed to in advance by both parties. The YMCA will work with the City's Youth and Family Programming Team to establish pro�rramming schedules. B. The City will work with the YMCA to identify gaps in City pro� and make recommendations to the YMCA about wl�ich programs will be a good fit in a particular neighborhood. C. The City will notify City employees and other program partners and supporters about the collabarative activities. D. The City will advertise co-branded programs on-line as part of the Saint Pau1 Parks and Recreation website. B. The City will collect all money for pre-registered programs or events through presently practiced methods. The City will provide rosters for the YMGA instructor wit1� emergency contact information as available at the beginning of each class. G. I'he Crty will, as appropriate, idenrify local and national media events, special events, or other recognitions opportunitres whicli promote the collaboration. 5. YMC.A Responsibilities c�8-�i39 � B. The YMCA will assure that all YtiICA emp]oyees and volunteers that are associated with the prob amming at City recreations centers have fully complied with all I'VICA hiring policies, including background checks. C. The YMCA will insure that its employees and volunteers abide by City policies with respect to the use of facilities, will complete Incident Report farms as necessary and provide a copy to City staff as appropriate. D. The YMCA will notify YMCA staff, volunteers and supports about the collaboration. E. The YMCA will, as appropriate, identify local and national media events, special events, or other recognitions opportunities which promote the collaboration. 6. Marketing. The YMCA has the right to use photographs and other infomlation about programs, program participants and staff involved in this collaboration, in its promotional materials (including on its website) and during media opportunities, provided the participants are at least eighteen (18) years of age and able to give their own consent. For participants under age eighteen (18) or unable to give thear own consent, the YMCA agrees not to use photographs or other materials without obtaining the written consent of the participant's parent or lega] guardian. Records; Reports; Data Practices. A. Any records which are kept regarding activ�ties covered by this Agreement sha11 be subject to the provisions of the Minnesota Govemrrient Data Practices Act. Further, all business records will be kept in such a manner as to be readily available at YMCA's business office dunng the term of the Agreement and for six (6) years after the date of final payment by either party, for audit or inspection by the City or the Auditor of the SCate of Minnesota. B. The Ciry and YMCA agree to assess the results of this collaboration at least three (3) months prior to the end date of the initial tenn. Both parties agree to conduct community surveys or use other tools as appropriate to determine the effectiveness of the partnership. The City and the YMCA agree to work together to track participation in classes and activities throughout the ]ength of this agreement and will jointly provide a report that is reflective of the collaborative efforts during the tenn of the agreement. Equai Opportunity Employment A. Tiie YMCA will not discnminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, sexual or 9. �g�39 — -- =� �g�; ;-rr�ant ""sfafizs=or stafus w`i��i regar to pu lic assistance and will take affirmative steps to enswe that applicants are employed and employees are treated during employment without regard to the same. B. This provision shail include, but not be limited to the foliowing: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, inciuding apprenticeship. C. The YMCA will not discriminate against any participant wishing to participate in programming under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin ancestry, familial status, age, disability, marital status, 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. Insurance. For any activities taking place on City property, YMCA wiil carry the following insurance: A. Public Liability Insurance a) Bodily Injury b) Property Damage $1,000,000 each occurrence $2,000,000 aggregate �1,000,000 each accident $2,000,000 aggregate c) Policy must include an "ali services, products, or completed transactions" endorse�nent. B. Automobile Insurance a) Bodily In�ury $1,000,000 per accident b) Property damage not less than $50 per accident C. Workers Compensation and Employer's Liability a) Worker's Compensation per Minnesota SYatute b) Employer's Liability shall have minimuln Iimits of $SQ0,�00 per accident; $500,000 per employee; $500,000 per disease policy ]imit. c) Contractors (Providers) with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the Crty with a letter verifying their number of employees. I�i D. Professio Liability Insurance -- - - - -- — -= ..��.. �r.u�ruz�„�rt.. �,.� -_- — - -- b) ,�2,000,000 aggregate E. General Insurance Requirements 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 Citys Division of Risk ?vIanagement be given not less than thirty (30) days priar 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 errors and oanissions coverage. Satisfaction ofpolicy and endorsement requirements for General Liability and Auto Insurance, of `each occurrence" and "aggregate" limits, can be met with an umbrella or excess policy with the same minimum monetary limits written on an occurrence basis, providing it is written by the same insurance carrier. 10. Hold Harmless. YMCA shall defend, indemnify, and hold harmless, the C�ty, its officers, agents, and employees from a11 claims, actions or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, including the City, resulting from any negligent act or omission by any person employed by YMCA in carrying out the terms of this Agreement, except to the extent such injuries or damages are cansed by the negligence of the City, its officers or agents. Hold Harmless. City shall defend, indemni£y, and hoid harmless, the XMCA, its officers, agents, and employees from all claims, actions or suits of any character brought for ar on account of any claimed or alleged injuries ar damages received by any person or property, including the YMCA, resulting from aizy negligent act or omission by any person employed by City in carrying out the terms of this Agreement, except to the extent such injuries or damages are caused by the negligence of the YMCA, its officers or agents. 11. Termination. A. Either party may terminaYe this Agreement by giving sixty days written notice of such mtent to the other party. If the City initiates the termination, any current programming shall be allowed to be completed without interruption. If the YMCA initiates termination any programming which has been scheduled and begun shall be completed by the YMCA or arrangements shall be made far replacement instructors at YMCA's cost. B. Upon tennination, parties will detennme the outstanding financial obligations and payinent to either party will be made within thirty days of reconciliation of the accounts. 08 -4 39 12. I 3. and du]y signed by the parties. to v,rnting The City's representative for fhis agreement wil] be the Recreation Services Manager or his/her designee. The XMCA representative for the purposes of this ab eement will be the CEO/President or his/her designee. Any notices or conespondence. on this agreement shall be sent to: Saint Paul Parks and Recreation 25 W 4th Street Room 300 Saint Paul, M1V 55102 Attn: Kathy Korum 651-266-6373 YMCA of Greater Saint Paul 2125 E Hennepin Avenue Minneapolis, MN 55413 Attn: Tom Brinsko 612-465-0451 All notices shal] deemed to have been given when served personally on City or YMCA or by mail upon deposit in a United States mail box, postage pre-paid, addressed to Saint Paul Parks and Recreation or to the YMCA of Greater Saint Paul at fhe above address. i 4. Interpretation of Agreement, Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Al] litigation related to this Agreement shal] be venued in the District Court ofthe County ofRamsey, Second Judicia] District, State of Miimesota. I5. Entire Agreement. It is understood and agreed that this entire Agreement supersedes all oral agreements and negofiations between the parties relating to the subject matters herein. IN WITNE5S WHEREOF, the parties hereto aze authorized signatories a��d have executed this Agreement, the day and year first above wriYten. CITY OF SAll`iT PAUL: Mayors Office Director, Parks and Recreatioz� Director, Office of Financial Services Its YMCA F ?� ..�� j3y , n l. . c'� �C.- d1 �a...w L.. App� s to form: �� Assistant ty Attorney �� 5 rs �- `c� �