09-1074Council File # �'�– �O� �
Green Sheet # 3082096
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CITY O
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA
c� �
WHEREAS, the CITY is fhe owner of certam ieal property known as Maigaret Recrearion Center, located at 1109
Maroaret Stceet, Saint Paul, i i��5106;and
WHEREAS, due to fina�cial restrichons the City �s unable to continue mana�ement of the reaearion facility at
.Utaiea�et and
�VHEREAS, Elmone Youth Educanon Services is ded�cated to nurtunn� and developmg youth through educanon and
recreanou programs; a�d
WHEREAS, Hmong Youth Educanon Services is well-connected to other youth servmg partners such as the Samt Paul
School District; and
WHEREAS, Hmong Youth Education Services is committed to providing a variery of actrvities foi youth and families
i� the Margaref neiJhbochood as well as the broader Samt Paul community; and
�VHEREAS, Hmong Youth Education Services has both an mteLest and the financial means to manage Margaret
I2ecreation Center, a�d
WHEREAS, both Hmong Youth Education Services and the City of SamtPaul wish to enter into and agceement for the
management of the Mazgaret Recreation Centec which will benefit the commumty in the form of continued recrearional
opportumties;
NOW, BE IT RESOLVED, Yhat the City of Saint Paul and the Saint Paul CiYy Council authorize the Division of Parks
and Reciearion to enter into an agreement for management of the Maxgaiet Recxeation Center by Hmong Youth Education
Services
Yeas A�ays Absent
' Bostrom „�
carte�
Harris ,/
Helgen ,�
Lantry
Stark
Thune
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Adopted by Councit Date �� ��� 1���
�—
Adoption Certifi b� uncil Secretary
By. �� �
Approve y a D e �� /.> �
B
Reques by
B
Approve�
By:
Approved by
By: �
Approved b�
By: %
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
C�i lo�t �4
' DepartmentlOfficelCouncil: , Date Initiated: �
. PR_ParksandRecreation 3oSEP2oo9 ; Green Sheet NO: 3082096
Contact Person & Phone: �
KathV Korum '
266-6373
Assign
Must Be on Council Agenda by (Date}: �� Number
i For
, �.. Routing
� Doa Type: RESOLUTION � Order
E-DOCUment Required: Y
Document Contact: Cindy Morrison
Contact Phone: 266-6398
��
4 iCouncil II '
: 'Ciry Clerk CiN Clerk I
6'� arks and Recreafion � Kathv Korum ,
I Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures on attached resotution requesting permission to enter into an agreemenY with Hmong Youth Education Services at
Margaret RecreaCion Center.
Recommendation5: Approve (A) or Reject (R)�
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1 Has this personlfirm ever worked under a contrect Sor this department?
Yes No
2. Has this person/frm ever been a city empioyee�
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
IniYiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Due to 5nancial restraints, the Ciry of Saint Paul is not able to operate Margaret Recreation Center. Hmong Youth Educadon Services
has the financial means and the interest in managing this s�te.
Advantages IfApproved:
Margaret Recreation Center wilt remain accessible to the community for recreation services and continued leaming.
Disadvantages If Approved:
None
Disadvantages If Not Approved:
Margaret Recreation Center would be considered for closing oc significant service reduction.
Total Amount of
Transaction:
Funding Source:
Fi nancia l Inform ation:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
September 30, 2009 8:42 AM Page 1
�-� to��
LEASE AGREEMENT
BETWEEN THE
CITY OF SAI�i IT PAUL, PARKS AND RECREATION
AND
HMONG YOUTH EDUCATION SERVICES
THIS AGREEMENT, dated this day of October, 2009, by and between the City of
Saint Paul, Miunesota, a municipal corporation organized and existing under the laws of the
State of Minnesota, hereinafter referred to as "CITY", and Hmong Youth Education Services,
hereinafter referred to as "HYES".
WITNESSETH:
WHEREAS, the CTTY is the owner of certain reai property lrnown as Margaret
Recreation Center, ("MargareY') located at 1109 E Margaret Street, SainY Paul, MN 55106, and
due to finanmal restrictions will be forced to cease pirogramming at Margaret; and
�UHEREAS, HYES is committed'to nurturing and developing youth through educarion
and recreation programs; and
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WHEREAS, HYES is dedicated to prat�iding a variet� of youth and adult programs in a
safe, healthy environment; and,
WHEREAS, HYES is well-�onnected to other community partners such as the Saint Paul
School District; and,
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WHEREAS, both parties wish Y'o'erite,'r.:�nto an agreement for the management of
pro�ramming for tfie�spaces at Margaret which wi11 provide benefits to the community in the
form of continued learning and recreational opportunities.
NO W, THEREFORE, in consideration of the mutual covenants and promises hereinafter set
forth, parties agree as foilows:
TERM
A. The term of this agreement shall be for three (3) years, commeucing upon the date of
execution of this Agreement and ending on the date three (3) years thereafter. The parties may
renew this lease annually upon written notice, signed by both the CITY and HYES. The renewal
request shall be submitted by HYES to the CITY, 90 days prior to the expiration date of the
contract.
2. USE OF SITE.
G�1
A. HYES shall ]ease the Mar�aret recreation buildin� durin� the term of this
Agreement, and shall manage the HYES staff and programs at the facility. The CITY and
HYES, with input from the community, a�ree to conrinue dialo�ue around public access to the
�ymnasium, meetin� rooms and restrooms. In the case of a dispute that cannot be resolved, the
CITY will make the final determination about space use.
B. HYES will have the first right to schedule both the interior and exterior space located
at Margaret for their own educational and recreational programs. HYES, the CITY, and a
representative from the Mar�aret Block Club Board, a�ee to meei in March, July and October to
discuss the agreement and facility schedule. When unscheduled, the fields �uill be available to
the public for general use. When the interior space is unscheduled, it will be available first fo
the CITY and then to the public for general use. HYES agrees to make Mazgaret available as a
polling place during election years if requested to do so by Ramsey County. HYES agrees to
work with the community through the scheduling,process, to proyide space for monthly Margaret
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Block Club meetings. HYES agrees to provide gene'ra1"supervist�n on the outdoor growids
dunng hours of operation. ���
C. CITY recreation programs may'be provided at this site as agreed upon by both parties.
The CITY shall be responsible for staffing all_programs managed by the:CITY. HYES, in
cooperation with the CITY, agrees to provide, summer,meals througli..the Saint Paul School
District's summer meal program. HYES, in cooper�tion��ith the. CITY, agrees to provide space
for programs that are of interest to the community. HYES, in�cooperation with the CITY, agrees
to provide gym space foryouth open basketball two afternoons per week as agreed upon with the
CITY. The CITY agrees to support these programs with a staff person if requested, which may
occur through its Youth Job Corps Program. HYES, agrees that if a class is offered only in the
Hmong language, that it will provide an English interpreter (as needed) at its own cost. HYES
agrees to post activify and gyin schedules to. euc:onrage public participation in scheduled
progranis and drop-in activities.
3. PAYMENT. -
The parties have agreed:that in lieu of payment HYES shall be responsible for the cost of
�as and electric utIliries, interior facility maintenance and sha11 at its own cost, staffthe building
during its operating hours for programs and services provided by HYES. The CITY shall
invoice HYES quarterl•y for utility payments. Repair costs shall be shared by both the CITY and
HYES as per the agreement as outlined below.
4. MAINTENANCE & REPAIR
A. HYES shall be responsible for all daily maintenance and housekeeping for the interior
of Margaret, including daily cleaning, and routine repairs. HYES will provide staff and supplies
for that puipose. Maintenance and cleaning shall be at a standard acceptable to the CITY.
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In addition, HYES �vill be responsible for the first $999 of repairs per year at the Margaret site.
These repairs include but are not limited to: plu��ed toilets, broken door handles, tom carpet
and loose tiles. Repair costs in excess of 5999, totaling 51000 - 54999, shall be shared equally
by the CITY and HYES. The CITY shall be responsible for all repair costs once they have
exceeded 54999. Notification and documentation of repair costs exceeding $999 shall be
provided to the CITY as soon as possible once knowledge of the repair cost is known, and prior
to any additional repair work being performed. Notwithstanding the foregoing, repairs beyond
ordinary wear and tear which are caused by HYES, its agents, employees, or volunteers, shall be
solely the responsibility of HYES, regardless of the amount.
B. All grounds maintenance will be the responsibility of the CITY. Fields will be
maintained at the saine ]evel as other City facilities. HYES will be responsible for putting trash
in the dumpster that will be provided by the CITY. The CITY wili be responsible for emptying
the dumpster on a routine schedule. HYES will be required to participate in the CITY'S
recycling program. The CITY will provide the recycling containers and include HYES on the
pick-up schedule.
Other than the walk from main door to sidewalk, and the matiu door to the parking lot, the CITY
shall be responsible for snow and ice removal, to include the sidewalk around the perimeter of
the site and the parking lot. Snow removal sha11.1a,ke place after each accumulation of more than
two (2) inches of snow. HYES shall be responsible fox snow and ice removal on steps, and
walkways when accumulation is less than two. (2) inches.. Regardless of the snowfall amount,
the CITY will be xesponsib,le for,plowingfsvree�ingthe peri��*,�r sidewalk surrounding Yhe
property as required by oid'inanee: Regardless a�4snowfall a�n"ount, HYES shall be responsible
for clearing and shove�uig the wal���rom the mairi::building door to the sidewalk and the door to
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the parking lot. �° ��
5. ALTERATIOI�S. HYES wa�l not make:any!alterations to the premises without the written
consent of the CITY, where such''eonsent will not to be reasonably withheld. If HYES desires to
make any such alterations, an accurate description of the project shall first be submitted to the
C1TY in writing and such alterations shall be done at the expense of HYES. All such work shall
be done under the CITY'S supervision and any improvements shall become the property of the
CITY and the end of the agreement term. HYES agrees that any alterations shall be done in a
workmanlike manner and in conformance with all applicable laws, regulations and building
codes, that the structuxal integrity of any and a11 building systems will not be impa�ed and that
no liens will be attached�to the premises by reason thereof.
6. REPRESENTATNES. The CITY'S representative for this agreement will be the Recreation
Services Manager ar his/her designee. The HYES representative for the purposes of this
agreement will be the Executive Director, or his/her designee. Correspondence regarding the
Agreement should be sent to:
Saint Paul Parks and Recreation
25 W 4`" Street Room 400
Saint Paul, MN 55102
C�i �}
Attn: Recreation Services Manager
Hmon� Youth Education Services
1109 Margaret Street
Saint Paul, MN 55106
Atm: LiCho Xenexai
7. IIv"DEMNIFICATION. The City shall be liable for mana�ing any and all claims which arise
during activities provided and managed by the City. HYES agrees to indemnify, defend, save
and hold hannless, 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
HYES's 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. HYES shall provide the CITY with
notice of any injuries, claims, ar suits submitted to thetn within thirty (30) days of receipt of such
notice, claim or suit.
8. INSURANCE. The CITY shall insure the CITY'S 6ui�dirig for fire and comp'rehensive
property damage coverage. HYES will provide the following-insurance during the term of the
agreement: - °"'°°
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a) HYES shall be responsible for tlie self-i�isurance of, or for the acquisirion of
Commercial Property insurance on,, its own personal property and the property of
anyone using the facility.
b) Comprehensive general liabIlity insux.ance including blanket contractualliability
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
HYES . Such irisuranc��hall 1) Name the Ciry of Saint Paul as "addirional insured"
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2) ba:priinary wifhrespecfto tfie:CGITY'S liability insuranee or self-insurance and 3)
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not exclude explosion;; eollapse, or underground property damage.
c) Worker's Coingensatioril�surance with not less than the statutory minimum limits,
and employer'sl'iability irisurance with minimum limits of at least $300,000 per
accident.
d) HYES shall supply to the CTTY eurrent insurance certificates for policies required in
this agreement. The certificates shall certify whether or not HYES has errors and
omissions insurance coverage.
e) Nothing iri-.�Yiis agreement shall constitute a waiver by the CITY of any statutory
limits or exceptions on liability.
fl HYES 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 Subrogation. The CITY waives its right of subrogation far damage to the
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premises contents therein, loss of income, up to the amount of insurance proceeds
coliected. HYES 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 ri�ts, sha11
immediately notify the other party, in writing.
h) Should HYES fail to purchase or maintain the insurance required herein, the CITY
may at its option purchase said insurance in the commercial market and HYES shall
reimburse the CITY for all premiums and costs whatsoever for said insurance.
9. NON-DISCRIMINATION: HYES wi11 not discriminate against any employee ar
participant 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 or affecfional orientation,
nationa] origin, ancestry, familial status, age, disability, marital status, or status with regazd to
pubiic assistance and will take affirmative steps to ensure that participants are treaYed without the
same during their participation in programs or use of the facility.
10. RIGHT OF ENTRY At all times during the term of fihis lease, the CITY retains ownership
of the premises and shall have the ri�t, by itself, its agents and employees, to enter into and
upon the premises during reasonable business hours or, in the avent of an emergency, at any time
far any legitimate purpose. `'`'""' .
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11. COMPLIANCE WITH LAWS The property d_escriti�d �ierein may be used far only the
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purposes stated herein. It is the sole and excl,usi"ve resp'ons�b5lity of HYES in the use of the
property to comply wiYli all law;s, rules regulations or ordinances imposed by any jurisdiction
affecting the use to which the p�operty is proposed to be put. I�lability or failure by HYES to
comply with any said.l:aws, rules, regulations or oxcfinances will not Telieve HYES of the
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obligation to pay the rental,pro`vided herein.
12. TBRMINATION. ".:::
A. Either party may terminate this agreement by giving written notice to the other
party ninety (90) days prior to cancellation or termination. Upon termination by
the CITY, HYES shall be permitted to complete any classes or insiructional
programs that had begun prior to the notice of termination.
B. At the termination of this agreement the premises shall be surrendered peacefully
and returned to the CITY in the same condition as received, reasonable wear and
tear notwithstanding.
13. AMENDMENTS. No amendments to this Agreement shall be effective without being
reduced to writing and executed by both parties.
C�-�- IU� 4
14. ASSIGNIVIENT. The CITY and HYES each binds itself and its successors, legal
representatives, and assi�ns of such other party, with respect to all covenants of this Agreement;
and neither the CITY nor HYES will assign or transfer their interest in this Agreement without
tl�e written consent of the other.
15. WAIVER. Any fault of a party to assert any right under this Agreement shall not constitute
a waiver or a termination of that right, this Ageement, or any of this A�reement's provisions.
16. E�TTIRE AGREEMENT. It is understood and agreed that this entire Agreement supersedes
all oral agreements and negotiations between the parties relating to the subj ect matters herein.
iN WITNESS WHEREOF, the parties have set their hands the date first written above.
APPROVED AS TO FORM: CITY OF SAINT PAUL
Assistant City Attorney
Hmong Youth Education Services
Executive Director
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Mayor ,,,,:
uCit.y Clerk
Director o£ Financial Services
Director of Parks and Recreation