The URL can be used to link to this page

09-739Council File # 09-739 Green Sheet # 3071476 CITY OF Presented by RESOLUTION PAUL, MINNESOTA c� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the CiTy of Saint Paul Through its Department of Parks and Recrearion provides a variety of special events for youth, includin� a tennis program through Urban Tennis; and WHEREAS, Saint Paul Pazks and Recrearion is in need of tennis courts for its Urban Tennis Program to be held June t 5, 2009 to August 7, 2009; and WHEREAS, Macalester College owns land at 1600 Grand Avenue, St. Paul, Minnesota, which includes tennis courts; and WHEREAS, Macalester College is willing to give pernrission to Pazks & Recrearion to use its teiuus courts for the tenms progcam but wishes to be indemrufied foc any m�unes which may occur during their use for that purpose; and WHEREAS, the Samt Paul City Council finds that encouraging youth paz'hcipatron m athletic events is a legitimate public purpose which serves the youth populahon and fosteis stcongec commumties within the City; and WHEREAS, the expenditure of pubhc funds, wkuch includes the promise of indemnification and defense, foi such a purpose will facilitate and enable it to take place; now, therefore, be it RESOLVED, that the City of Saint Paul shall defend, indemnify and hold harn�Iess Macalester College from claims and suits azising oi resulting from the City's use of the tennis courts at 1600 Grand Avenue foi the summer Uiban Temus program to be held June 15, 2009 tluough August 7, 2009. This mdexnnificahon does not include: 1) in�unes or damages arising from hidden traps or dangerous conditions of the courts or surrounding property; 2) any occurrences or events which aze not part of the tenms program and which do not occur or take place at the teiuus courts loca[ed at during the course of the program; 3) injuries which arise out of criminal actions, assaults, batteries or other acts of violence comxnitted by any person or persons; and be it FURTHER RESOLVED, that nothing in the foregoing provisions shall be conshued as a waiver of the municipal tort ]iability ]�mits set forth m Minn. Stat. §466A1 et seq. nor of the ixnmunities and defenses provided therein. Bostrom Cartei Hams Helgen Stazk Thune Adopted by Council: DaYe � By: Approved by By: � the Office of �� '"°5 Adoption Certified by Council Secretary gy: BY� � /" //aRii/�d,''<%.C��/Jd� Approve y M yo : ate � 2- By: .il�_.e Yeas Nays Absent Reguested by De e f P ks Rec � tion ✓ ��-___I�� ✓ � ✓ BY �Od� �j.o�o� 09-739 U � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �eoart�,aorrnrr�e�c..��..�;i• i Date Initiated� � �f PR _ Parks and i ConWct Person & Phone: Linda Flynn 266-6443 , Must Be on Co�ncii Agenda by (Date): t �. Doa 7ype: RESOLUTION W/$ T RANSACTION I E-DOCUment Required: Y Document Contact: Cindy Mortison Contact Phone: 266-6398 ,o-��N-�9 � Green Sheet NO: 3071476 � Assign Number For Routing Order 0 1 2 3 4 5 6 7 Total # of Signature Pages 1 ( Clip Ail Locations for Signature) Action Requested: � Approve resolution indemnifying Macalester College for space the Department of Pa:ks and Recreation will use for iYs Urban Tennis Program Recommendations: Approve (A) or Re�ect (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this persoN£rm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cument city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Parks and Recreation's Urban Tennis Program, which is held June 15 - August 7, needs additional space and Macalester College has offered use of some of their tennis courts for this program. Advantages If Approved: Parks and Recreation's Urban Tennis Program will be able to provide tennis and tennis lessons to inner city youth, ages 5-18. Disadvantages If Approved: None Disadvantages If Not Approved: Saint Paul Pazks and Recreation will not be able to provide enough space for tennis and tennis lessons for inner city youth this suxnmer. Total Amount oF Transaction: Funtling Source: Financial Information: (Explain) June 10, 2009 7:48 AM CosURevenue Budgeted: �-- �� t , :�. ___,,+ 1` u "-, ts ^^ t 5 _. . Activity Number: Page tl 09-739 Campus Center & Conferences Macalester College ! Attn: Chris Baxter 1600 Grand Ave. Saint Paul MN 55105 651-696-6472/651-696-6447 Dept or Org Tom Russell FACILITY RENTAL City of Saint Paul 300 CHA 25 West 4th Street St. Paul, MN 55105 Reservation: Event Name: Status: Phone: EventType: Event Coordinator: 36160 St. Paul Urban Tennis Confirmed Outside Rental Chris Baxter Bookings/Details Quantity Price Amount This license is entered into as of the date listed below, by and between Macalester College, a Minnesota non-prof'd corporation and the Licensee. The identdy of the Licensee, certain other defined terms and other information is set forth above and below. 1. FACILITIES: Macalester Co/lege agrees to permit Licensee to use the facilities described beginning on Page 3 of this document but only during the times designated herein. The Licensee agrees to adhere to the guidelines and restrictions contained in this document. Licensee agrees to pay Macalester College the total amount listed on this document for use of the facilities and additional services described below. 2. FOOD SERVICE: All food served in the A.G. Hill8a11 Room, the Leonard Centerand the Ruth StrickerDayton Campus Center must be provided by Bon Appetit food service. Outside catering may be brought in to other campus facilities. Catering services may be arranged by contacting the Bon Appetit Catering Manager (651-696-6313). 3. PROGRAM SCHEDULE: The Licensee must submit a copy of a complete Program Schedule fo� the Event NO later than thirty (30) days prior fo the commencement of the Event. 4. CANCELLATION: Licensee may cancel this agreement at any time prior to 60 days prior to the commencemenf of the Event by giving written notice of canceflation to Maca/ester College. If Licensee cance/s fhis agreement as provided herein, Licensee shall forfeit al/ sums paid to the date of cancellation. Macalester College may cancel this agreement at any time should unforeseen eme�gencies occur which make it inadvisable, illegal, or impossible for Licensee to occupy certain facilities. If Macalester College cancels this agreement due to unforeseen emergencies, Macalester College shall give prompt notice of the cancellation to Licensee and Macalester College shall return all sums paid by Licensee. If Licensee fails to adhere to any of the terms and conditions set forth in this agreement, Macalester College reserves the right to cancel this agreement by giving written notice thereof to Licensee. 5. USE: Licensee shall not violate any laws and/or ordinances applicable to the use of the Licensed Facrlities, and shall not suffer any waste on the Licensed Facilities, or use the Licensed Facilities in a manner which would constitute a public or private nuisance o� which may be dangerous to person or property. Macalester College shall have access to the Licensed Facilities throughout the duration of the Event as may be necessary in order for Macalester Col/ege to use its adjoining properties, and as may be necessary to assure comp/iance with this License. Macalester College makes no representations or warranties regarding whether the Licensed Facilities comply with the Americans With Disabilities Act (USCS § 12171 et seq.) or the Minnesota Human Rights Act (Minn. Stat. § 363.01 et seq.). Licensee accepts the Licensed Facilities in their current condition. Macalester College shall not be liable for any claims made by Licensee's employees, agents, invitees or other individuals participating in the Event under the Americans Wkh Disabilities Act o� the Minnesota Human Rights Act regarding accessibilify of the Licensed Facilrties, and Licensee agrees to defend and indemnify Macalester College against any such clarms. 6. DAMAGE. Licensee shall be liable for any damage to the Licensed Facilities or property therein which may be caused by any act or neglrgence of Licensee, its employees, agents, invitees, and other indrviduals using the Licensed Facilities with its consent, and Macalester Co//ege may, at its option, repai� such damage, and Licensee agrees to reimburse and compensate Maca/ester College as additional charges for the reasonable cost of such �epair or damage, within five (5) days of receiving a statement by Macalesfer College for the same. 3/6/2009 10:34 AM cb Page 1 of6 09-739 Campus Center R� Conferences Reservation: 36160 Confirmed Bookings I Details Quantity Price Amount 7. WAIVER: Licensee, on behalf of itself, its employees, agents, invitees, and other individuals using the Licensed Facilities with its consent, hereby waives any and all claims ofliability against Maca/ester College for any damage or injury to the person or properfy of Macalester College, its emp/oyees, agents, invitees, and other individuals using the Licensed Facilities wfth fts consent, or for the loss or damage by theft or from any ofher cause whatsoever. 8. INDEMNIFICATION: The Licensee agrees that all paRicipants and guesfs using the Licensed Facilities are under the direct and complete supervision and control of the Licensee. Al/ Macalester Co/lege regulations wil/ be adhered to and enforced by the Event leaders. The Licensee shall be liable for all damages resulting from fhe Event and its participants' and guests' utilizafion of the Licensed Facilities and services provided by Macalester College. The Lrcensee agrees to reimburse Macalester Col/ege for all damages to faciliSes and services caused by the Event or its participants or guests. The Licensee shall defend, indemnify and ho/d harmless Macalester Col/ege from and against any and all claims of /oss, injury, or damage to persons and/or property arisrng out of the activities during or in connection with the Event, inc/uding, but not limited to, �easonab/e attomeys fees incurred by Macaleste� Co//ege. Macalester Co//ege assumes no liability for any property placed or /eft by the Licensee or ifs participanfs or guests at the Maca/ester College campus. 9. ASSIGNABILITY: Licensee may not sublet any portion of the Licensed Facilities or assign, mortgage, encumber, or otherwise transfer this License without the prior written consent of Macalester College. Any consent by Macalester Co/lege shall not constifute a waiver of this provision for any future assignment, encumbrance, sublease or transfer nor shall it constitute a release of Licensee from its obligations under this License. 10. ADVERTISEMENTS: The name of the Macalester College, as well as any written or pictoria/ reference to the Macalester College, sha/l not be used to either directly or indirectly suggest co-sponsorship or endorsement of any activity or product without prior written approval from Macalester College. 11. APPLICABLE LAW: The law of fhe state of Minnesota shall govern the terms of this License. If any portion of this License or the app/ication thereof shall be deemed invalid and unenforceable, the remainder of this License shall not be affected and shall remain valid and enforceable. Time is of the essence in this License. 12. ENTIRE AGREEMENT: This document constitutes the complete agreement between Licensee and Macalester Col/ege and no amendment to this License shall be valid unless in writing and executed by both Licensee and Macaleste� Col/ege. Failure to return a signed copy of this License with any required deposfts by the date listed below may void this agreement at the discretion of Macalester Col/ege. 13. SUCCESSORS: This License and the covenants and conditions contained herein sha// inure to the benefit of and be binding upon Licensee and Macalester College and their respective heirs, execufors, administrators, successors and assigns. 14. ATTORNEYS FEES AND EXPENSES: If either party sha/l bring an action related to this License against the other, the prevailing party in any litigation shall be entitled to recover from fhe ofher its reasonable costs and expenses, including reasonable attorneys' fees in connection with such actions. 15. AUTHORITY.� Each person signing this License warrants and represents that he or she has been duly authorized and acts on behalf of Licensee or Macalester College, as applicab/e. IN THE WITNESS WHEREOF, Licensee and Licensor execufe this License on the date listed below. UCENSEE: ey: MACALESTER COLLEGE: (print licensee name) []�' ChristopherA. Baa�fer Macalester College /s/. (licensee signature) Mondav. June 15. 2009 3/62009 10:34 AM cb Page 2 of 6 Campus Center & Conferences Reservation: 36160 Bookings / Details 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav. June 16. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirtned) TENNIS CTS Wednesdav. June 17, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Thursdav. June 18. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Fridav. June 19, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav. June 22, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav. June 23. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confrmed) TENNIS CTS Wednesdav, June 24, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Thursdav. June 25. 2009 9:00 AM - 3:00 PM St. Paui Urban Tennis (Confirmed) TENNIS CTS Fridav. June 26. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav. June 29. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav, June 30. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Wednesdav. Julv 01, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Con£rmed) TENNIS CTS Thursdav. Julv 02. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Fridav. Julv 03. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav, Julv 06. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav. Julv 07. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Wednesdav. Julv 08, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Con£rmed) TENNIS CTS Thursdav. Julv 09. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Fridav, Julv 10. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav, Julv 73, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav. Julv 14, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Wednesdav. Julv 15, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Thursdav. Julv 16. 2009 Quantity 09-739 Confirmed Price Amount 3/6/2009 10:34 AM cb Page 3 of 6 09-739 Campus Center 8 Conferences Reservation: 36160 Quantity Confirmed Bookings / Details 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Fridav, Julv 17. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav, Julv 20. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav. Julv 21. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Wednesdav, Julv 22, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Thursdav, Julv 23. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Fridav, Julv 24. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav. Julv 27. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav, Julv 28. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Wednesdav, Julv 29, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Thursdav, Julv 30. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Fridav. Julv 31, 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Mondav. Auaust 03. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Tuesdav, Auaust 04. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Wednesdav. Auqust 05. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confirmed) TENNIS CTS Thursdav. Aucaust 06. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Con£rmed) TENNIS CTS Fridav, Auaust 07. 2009 9:00 AM - 3:00 PM St. Paul Urban Tennis (Confrmed) TENNIS CTS MACALESTER RENTAL GUIDELINES AND RESTRICTIONS ROOM RESERVATION & SETUP Subtotal Grand Total Price Amount $0.00 Activities must be limited to areas reserved by the renting organization, the location and times of which are contained above. Initial information regarding set up of tables, chairs, and audiovisual equipment must be requested at least 30 days prior to arrival, and final requests are due at least 15 days prior to the start of your event. SMOKING/ALCOHOUILLICIT DRUGS Smoking -The college enforces a No Smoking policy in all buildings. Smoking is allowed only outdoors. No tobacco products are to be sold on campus 3/6/2009 10:34 AM cb Page 4 of 6 09-739 Campus Center & Conferences Reservation: 36160 Confirmed Bookings / Details Quantity Price Amount Alcohol -Macalester College is subject to, abides by and supports federal, state and city ordinances/laws. �Alcohol service must be pre-approved and provided by a licensed, insured and approved third party vendor. -Alcoholic beverages may not be sold or served on campus unless Macalester College has approved a licensed and insured third party vendor to do so. -All requests to serve or sell alcohol at an event must be made 30 days prior to event. -Alcoholic beverages may not be served to or consumed by individuals under the legal drinking age of 21 years. -Macalester College will determine the conditions, times and places at which alcohol may be served. -Security is required at any event which alcohol will be served. The Conferences & Facility Rentals Office will schedule a security officer for your event and you will be billed $35 per hour for their services. -Alcoholic beverages may not be consumed in any public areas (e.g., all outdoor areas, lounges, hallways, lobbies, etc.). -The distribution of alcohol must cease no later than 30 minutes prior to the planned event end time and may not be served after 12:30 a.m. -The licensed vendor, in agreement with Minnesota State Law, will purchase all alcoholic beverages. -Macalester College reserves the right to intercede at any point during the event if it is felt that the serving of alcohol is not being conducted in a safe, legal and responsible manner. Illicit Drugs & Drug-Related Paraphernalia -Macalester College has a zero-tolerance policy in regard to possession use, distribution, andlor sale of illicit drugs and drug-related paraphernalia. -If anyone is found with illicit drugs or drug-related paraphernalia, he/she will be asked to leave campus immediately. GENERAL SAFETY/SECURITY Fire -Each time a fire alarm sounds, it is mandatory for all guests to evacuate the building. Tampering with smoke detectors is prohibited. Candles, incense, extension cords, space heaters, hot plates, multi-plug outlets without surge protectors, automatic drip coffee makers, toasters and toaster ovens are not permitted in the Residence Halls. Theft/Security -The College is not responsible for lost or stolen belongings. Participants are strongly encouraged to leave valuable personal items at home and not bring them into the Residence Halls and to ALWAYS Iock their residence hall doors when leaving for any amount of time. Injuries -All injuries should be reported to the Safety and Security O�ce at 696-6555. Weapons, Firearms, and Fireworks -The following items are NOT allowed on campus at any time: frearms, knives, guns, bows and arrows, fireworks of any kind, explosives and other dangerous weapons. Macalester College reserves the right to confiscate these items and remove participants from campus if any of the above mentioned items are found in the participants' room or in their possession. Emergency Calis -Emergency calls are taken 24-hours a day by Campus Security at 651-696-6555. ATHLETIC FACILITIES/CAMPS -The Stadium track surface may not be used for any practice or game play other than running. -Macalester College reserves the right to sell concessions at any event scheduled in the Stadium, Field House or Gym, unless specific alternate arrangements are included in a license agreement. -Athletic and sports campus must have a certified athletic trainer on site for all athletic and sports activities. Macalester College athletic trainers may be contracted on an independent contractor basis, the cost for which is not included in the license agreement. Access to Macalester College athletic training facilities is not covered in this agreement without prior written approval from the Macalester College athletic department. -Field rentals do not include use of locker rooms and access to locker rooms unless prior arrangements have been made with the Assistant Director, Campus Center and Conferences, and then only the Visitor's locker room is available 3/6/2009 1034 AM rb Page 5 of 6 09-739 Campus Center & Conferences Bookings / Defaiis Reservation: 36160 Quantity Confirmed Price Amount tor use. -Use of the stadium public address system is not covered in this agreement and amplified music/announcing is not permitted without prior written consent from Macalester College. -Field rentals include use of the Stadium's public restrooms. 3/6/2009 10:34 AM cb Page 6 of 6