The URL can be used to link to this page

97-210S u11r� S-�.�-�.-�� - 31 S 5 q�t RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Council File # 1 1 d,0 Green Sheet # �3�� Referred to Committee: Date 1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO 2 ENTER INTO AN AGREEMENT WITH THE PUBLIC HOUSING AGENCY OF SAINT 3 PAUL THAT AUTHORIZES THE CITY TO MANAGE THE RECREATION SPACE AT 4 THE MCDONOUGH COMMUNITY CENTER. 5 � WITNESSETH: WHEREAS, the Public Housing Agency(PHA) of Saint Paul is the owner and manager of the McDOnough Community Center(Center), located at 1544 Timberlake Road, Saint Paul, Minnesota 55117; and 9 WHEREAS, the PHA wishes to provide appropriate space and 10 facilities at the Center for the delivery of programs and 11 services that primarily serve the needs of the McDonough 12 community; and 13 14 WHEREAS, the PHA has obtained $4.275 million in funding from 15 the U.S. Department of Housing and Urban Development to make 16 improvements to the Center, including the recreation space; and 17 WHEREAS, the City has budgeted $140,000 through its 18 Community Development Block Grant Program to contribute to the 19 construction project; and 20 21 22 23 24 25 26 27 28 29 WHEREAS, the PHA and the City's Division o£ Parks and Recreation(City) have partnered in providing space and facilities for approximately 30 years; and WHEREAS, Che PHA wishes to maximize the use of the Center space and facilities; and WHEREAS, the City desires and has the capacity to provide year-round recreational services at the Center; and WHEREAS, the City has the capacity to manage the recreational space at the Center; and 30 WHEREAS, the PHA has requested that the City manage the C1r� _��p 31 recreational space at the Center. � 32 NOW, THEREFORE BE IT RESOLVED, that the Council of the City 33 of Saint Paul direct the Saint Paul Division of Parks and 34 Recreation to enter into an agreement with the Public Housing 35 Agency of Saint Paul that authorizes the City to manage the 36 recreation space at the McDonough Community Center; and 37 BE IT FURTHER RESOLVED, that the Council of the City of 38 Saint Paul authorizes payment to the PHA of the $140,000 City 39 contribution upon execution of said agreement. Yeas Nays Absent Blakey ✓ Bostrom � Harris Mauer �/ Megard � Rettman ✓ Thune � � � Requested by: � Adopted by Council: Date ��9� Adoption Certified by Council Secretary BY \�� _ C d- _ 1 � Approved by Mayor: Date: .fl��/ � BY: � �� Division o arks and Recreation ay: Form Approved by City By: Approved �y Mayor for Submission to Council � � BY = f //` �9 S I Q'7 -a�� oEPp�ks & Re�reatlon Zi13�9, . GREEN SHEE N_ 3fi 123 CANTACTPERSON&PHONE QDEPARTMENTDIRECTOP �CT'COUNCIL INRIAL/DATE Vince Gillespie 266-6408 ^��x � CITYATTOPNEY � CRYCLEFK MUST BE ON COUNCIL AGENDA BY (DATE) pU a BUOGET �IPECTOR � FIN. & MGT. SEAVICES DIR. ORDER �MAYOR(ORASSISTANn �_parkc_ TOTAL # OF SIGNATUqE PAGES 4 � (CLIP ALL LOCATIONS FOR SIGNATURE) ACtION NEOUESTEO: Approve resolution directing the Divi'sion of Parks and Recreation to enter into an agreement with the PHA of Saint Paul authorizing the City to mana e the recreation s ace at the McDonou h Communit Centex. RECOMMENDATIONS: Approva (A) or Reject (p) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING CAMMISSION __ CIVIL SERVICE COMMISS�ON �� Has this personlFirm ever worked under a conbac[ for tliis departmeM? - _ qB COMMITTEE _ YES NO ' A � — 2. Has this person/firm ever 6een a ciryr empfoyea? — YES NO _ o1STa1C7 COURT — 3. Does this perSOnJEirm possess a skill rrot irormaNy possessed by arey current ciry employee? SUPPORTS WHICH COUNpL OBJECTIVE? _ YES NO Explain all yes a�awers on separote sheet and ettnch to green sheet INITIATING P80BLEM, ISSUE, OPPfJRNNITY (Who, Whet, Whan, Where, Why): � The previous agreement authorizing the Division of Parks and Recreation to manage the recreation space at the McDonough Community Center has expired. Additionally the facility is being improved. A new management agreement should be approved. ADVANTAGES IFAPPROVED: ' The City will continue management of the recreation space at the McDonough Community Center. DISADVANTAGESIFAPPFOVED: � Coanci4 Res�arch Center �� None �� `� � n �� FEB 20 1991 p FE� iE 1997 I�kYO�'8 LlffiCE L�� R�T� 6� � DISAWANTAGES IFNOTAPPROVED: The City will no longer provide recreation services at the McDonough Community Center. TOTAL AMOUNT OFTRANSACTION S 14� , 000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdGSOURCE Capital Improvement Blldget ACTIVI7YNUMBER C94-3F009-0898-34076 FINANCIAL INFORMATION: (EXPLAIN) CDBG Funds , 0 �� °' � `: � F's � council File # 9 � _ �.�0 � � � � � � � � � � Green Sheet # �� RESOLUTION F SAINT PAUL, MINNESOTA Presented By Referred to Committee: a3 1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND R�'CREATION TO 2 ENTER INTO AN AGREEMENT WITH THE PUBLIC HOUSING AUT�PORITY OF 3 SAINT PAUL THAT AUTHORIZES THE CITY TO MANAGE THjT2ECREATION 4 SPACE AT THE MCDONOUGH COMMUNITY CENTER. G'1 � WITNESSETH: WHEREAS, the Public Housing Authorit/y(PHA) of Saint Paul is the owner and manager of the McDonough,Community Center(Center), located at 1544 Timberlake Road, Saint% Paul, Minnesota 55117; and 9 WHEREAS, the PHA wishes to pro'vide appropriate space and 10 facilities at the Center for the elivery of programs and 11 services that primarily serve t needs of the McDonough 12 community; and 13 14 WHEREAS, the PHA has o ained $4.275 million in funding from 15 the U.S. Department of Hou ing and Urban Development to make 16 improvements to the Cente , including the recreation space; and 17 WHEREAS, the City as budgeted 5140,000 through its 18 Community Development lock Grant Program to contribute to the 19 construction project, and 20 WHEREAS, the PHA and the City's Division of Parks and 21 Recreation(City) have partnered in providing space and facilities 22 for approximat ly 30 years; and 23 24 25 26 27 28 29 space year , the PHA wishes to maximize the use of the Center cilities; and S, the City desires and has the capacity to provide recreational services at the Center; and I WHEREAS, the City has the capacity to manage the recreational space at the Center; and 30 WHEREAS, the PHA has requested that the City manage the �� 31 recreational space at the Center. 32 NOW, THEREFORE BE IT RESOLVED, that the Council of the City 33 of Saint Paul direct the Saint Paul Division o£ Park and 34 Recreation to enter into an agreement with the Publ c Housing 35 Authority of Saint Paul that authorizes the City manage the 36 recreation space at the McDOnough Community Cent ; and 37 BE IT FURTHER RESOLVED, that the Council f the City of 38 Saint Paul authorizes payment to the PHA of e$140,00o City 39 contribution upon execution of said agreeme . Blakey Sostrom Harris Mauer_ Megard_ Rettman Thune Adopted by Yeas Absent Requested by: il: Date Adoption Cer£ified by Council Secretary Sy Approved by Mayor: Date: By: � . . . . - . , l�'� �:. �� Form Approved by City Attorney By: (/ v�w�.-JS �� / Approved by Mayor for Submission to Counci� �/ By: /� Y --r J Cootract No. 97-082 McDonoup,h Community Center MNl-1,4,8A �.�1=�.�o USE, MANAGEMENT, xnd MAINT�NANCE of SPACE AGREEMENT MCDONOUGH C011�TY CENTER The Public Aousing Agency of the City of Sairn Paul ("PHA") and the City of Saint Paul Department of Pazks and Recreation acting by and through its Division of Parks and Recreation ("Cit�') enter into this Agreement ("AgreemenY') on this 1 st day of March, 1997. WFIEREAS, the purpose of the McDonough Community Center ("Community Center") is to provide appropriate space and facilities for the PHA and various service providers to deliver programs and services that primarily serve the needs of the McDonough Homes residents; and WHEREAS, the PHA and the City have partnered in providing space and facilities for recreational programming for approximately thirty years for McDonough residents and non-public housing residents at the McDonough Community Center, and WEiEREAS, the PE3A desires to maximize the use of the McDonough Community Center space and facilities; and Wf�REAS, the City desires to continue providing year-round adult and youth recreational progamming at the McDonough Recreation Center ("Recreation Centei"), located in the McDonough Community Center, primarily for McDonough residents as well as for non public housing residents, as it does in other areas of the City; and WE�REAS, the PHA has obtained 54.275 million in funding &om the U. S. Department of Housing and Urban Development ("FITJD") through its Public Housing Comprehensive Grant ($2.225 million), Youth Development Initiarive (5955,000), and the Family Investment Center Programs ($955,000) for the modemization and expansion ofthe McDonough Community Center, located at 1544 Timberlake Road, Saint Paul, MN, 55117, owned by the PHA, 480 Cedar Street, Suite 600, Saint Paul, MN, 55101; and WI�REAS, the modernization and expansion project for the Community Center includes remodeling approximately 30,000 square feet of the existing Center and building two additions totaling 20,000 square feet. The completed project will feature an improved main gymnasium, the addition of a children's gymnasium equipped wifh a new interior playlot, and expanded space for Community Center and City Recreation Center programs inciuding offices, clinic, childcare rooms, computer lab, classrooms, and community room. Other improvements inc3ude a single centralized buiiding entrance with elevator, secutity system, new roo� piumbing, lighting and fiVAC systems. Improvements will also be made to PHA offices and support areas and to the maintenance vehicle garage. Site improvements include a new and expanded parlang lot, playground, and lighting. The entire Community Center will be upgraded to meet all aurern Life Safety and Accessibiliry Codes; and Coatrad No. 97-062 McDonouQh Commuoity Center MNl-1,4,8A �(rj -1\O Wf�REAS, the McDonough Commvnity Center modemization and expansion project provides a unique opportunity for the PHA and the City to continue to collaborate in the improvement and expansion of adequate space and facilities for recreational programming for residents in the McDonough Homes community and in the neighboring community; WI�REAS, the PHA has worked ciosely with the City in the design of the modernization and expansion of the McDonough Community Center, including the Recreation Center, and the City has indicated its desire to have an air conditioning system installed in the Recreation Center and to have additional extemai lighting installed in the parking lot and sidewalks adjoining the Recreation Center. The comglete Scoge of Work for the modernization and expansion project is detailed in the Plans and Specifications developed for Contract No. 9�028-C1, dated July 20, 1996, and Addendum #1, dated August 8, 1996 by McMonigal Architects, which Plans and SpeciScations include provision for the installation of a new sir conditioning system and external lighting as noted herein; and WF�REAS, the funding obtained by the PHA does not include funds for either the installation of an air conditioning system in the Recreation Center nor the installation of external lighting for the parking lot and sidewaiks adjoining the Recreation Center portion of the Community Center, and WF�REAS, the City has obtained $140,000 in funding from HIID through its Community Development Block Grant Program and has agrced to contribute ttus amount toward the purcbase and installation of the air conditioning system in the Recrearion Center and the external lighting of the paridng lot and sidewalks, as noted above, and has agread to malce payment of the $140,000 to the PHA within thirty (30) days after the exewtion of this Agreement; and WHEREAS, the PHA has entered into Contract No. 97028-C 1 with Frerichs Consriuetion Company, dated August 28, 1496, which contract complies with all federal contract requirements, including all applicable requireme�ts of Federal laws and regutations regarding labor standards. NOW, T7�REFORE, the PHA and the City agree to the following tenns and conditions: L SCOPE O�' RESPONSIBILITIES A. General 1. The PHA's Programs Services Manager will be the PHA's primnry contact with the Ciry for purposes of implementing this Agreement. For day-to-day on-site program operations, the PHA's primary contact with the City will be the McDonough FIousing Manager, the McDonough Human Seivices Coordinator, or a designee. 2. The City's Menager ofRecreation Services will be the City's priznary contact with the PHA for purposes of anplementing this A.grcement. For day-to-day on-site program operations, the City's primary contact with the PHA will be the Recreation Center Director assigned primarily to McDonough Recreation Centet. 2 Contract Na 97-082 McDonouYh Comm�mity Center MNI-1,4,SA B. The PHA: �� -a�o 1. Sball tnanage all areas of the McDonough Community Center except those areas assigned to the Cig as designated in Attachment A to ttris Agrcement. 2. Considers the City the primary user and manager of the space assigned to it in Attachment A. 3. Reserves tfie right, upon thirty (30) days written notice to the City, to temporarily suspend the teims of this Agrcemem and assume full managem�t of the ernire McDonough Couununity Center, including the space assigned to the City in Attachment A when it determines just cause for doing so. 4. Shall, at the PHA's sole co� and expense, purchase and install the interior playground equipmern for the children's gymnasium. 5. Shall, upon request by the City, provide the City with documentation verifying that the funds contributed by the City were expended pursuant to ttris Agreemeat. 6. Shall work cooperatively with the City in scheduling PHA use of the spaces assigned to the City's managemem under this Agreement, including the children's gymnasium. B. The City shxll: 1. Manage the areas in the McDonough Community Center assigned to it as designated in Attachment A 2. (a) Use the space assigned to it under this Ageeme,nt griruazily for recreational programming. The City will make the areas it manages pursuant to the Agrcement avaitable to the PHA and other service providers under contract with the PHA during times when there is no scheduled City recreational programrning in those areas. There shall be no cost to the PHA for its use of any area in the Comcuunity Center managed by the City. The City may charge fces to other users based upon its Facility i3se Charges. (b) The City shall maintain a schedule, including the daies and times, of all users of the areas it manages under this Agreement. (c) As provided in Attachment A, among the areas assigned to the City for management is the children's gymnasium. The City shall maintain the program schedule for the children's gymnasium. During times when there is no scheduled City recsearional pmgramming, the City shall make the children's gymnasium availabie at no cost to the PHA aad to other savice providers which have a contract with the PFIA or are otherwise approved in writing by the PHA. The City shall work cooperatively with PHA's McDonough Human Services Coordinator in scheduling use of the children's gymnasium. Contnct No. 97-082 McDonoup6 Commnnity Ceater MNl-1,4,8A a�t- a�o 3. (a) Provide year-round adult and youth recreational programming, including a fiill-time on-site Recreation Center Director assigned primarily to the McDonough Recreation Center and other appropriate staff The programming shall be at least equivalent to and consistent with the progranuning provided at other City Recreation Centers as detennined by the City and shall specifically meet the needs of the McDonough community. The City will provide a written notice to the PHA of any staff Director changes at the McDonough Co+++m„n;ty Center as soon as the City is aware of the changes or at least ten (10) days prior the effecrive date of the staff change. The City will otherwise work cooperatively with the PHA regarding the planning and implementation of the City programs. (b) Be responsible for controlling the behavior of its program and services participants and visitors to the Recreation Center during the Recreation Center's hours of operation. Tlris provision does not apply when another group has been approved to use space assigned to the City's management under this Agreement. (c) Provide on-site aduit staff in the Recreation Center and in any other area assigned to the City for which it has management responsibilities under this Agreement, during all hours the City's Recreation Center or other City-managed area is open, unless the PHA or another PHA-approved service provider is administering a program and is specifically providing adult staff and has notified the City in writing of that fact including program content, schedule, and assigned staff. (d) Ensure at least one adult staff person or designated activity leader is located in each room or space under its management that is open to or in use by youth. 4. 5upply all equipment, furnishings, supplies, or other materials needed for the operation of its recreational programs and services. 5. Attend monthly coordination meetings with PHA Management staff. 6. Establish and maintain a monthly statisticai summary of the number of persons being served by the City's recreational programs in the Recreation Center, including an appro�rimate percentage breakdown of residents and non-residents of McDonough Homes, and present this summary to the PHA McDonough Homes FIuman Services Coordinator at the monthly coordination meeting. 7. Comply with the McDonough Community Center Code (Attachment B) and Commitment to Diversity Statement (Attachment C). 8. Utilize the space assigned and designated ia Attachment A for the purposes, programs, and/or setvices as scheduled unless otherwise agreed, in writing, by the PHA. 9. Ensure the PHA has access in the moming hours to Kitchen 113 (E3eadstart) through door 113 a for Idtchen deliveries. 10. Not lease or sub-lease any area within the McDonough Community Center. 4 Contrxa xo. 97-OS2 McDoaou;h Commimity Cmter MNl-1,4,8A IL MAINT'ENANCE RESYONSIBILITIES A. The PHA, at ita sole coat and eipense, shaA: �� -a.\O 1. Subject to available funding through the U.S. Departmern of Housing and Urban Development, fumish all labor, maleriai and equipment necessary to: (a) maintain in good repair the exterior of the Community Center, the electrical and plumbing lines to the location of their outlet within the Community Center; and shall assure the maintenance of the underground sewer and water service connections for the Community Center; (b) make major repairs to the interior and rxterior of the Community Center. To the e�ctent posstsiUle, the City shall submit a written request to the PHA for anticipated major repairs at least six (6) mornhs in advance of when the physical work must be performed to allow for budget approvals and the awarding of conuacts for such work. (c) provide daily housekeeping for the Center p�cept for area assigned to the City's management under this Agreement. 2. Provide all necessary fuel and elecuic power for the proper heating and lighting and all water utility services for all areas of the Center not assigned to the City's management under this A.greement. 3. Maintain and make repairs to the HVAC equipment for all areas of the Center not assigned to the City's management undes this Agrcement. The PHA shall also maintain and make repairs to the variabie sir volume (VA� equipment located in and servicing the lobby 117, meeting room 118, corridor 121, and activity room 128. 4. Maintain and make repairs to the Community Center's main security system including audio alarms on all exit doors, activation and deactivation of the front door key pad, and the public address system. 5. Maintain and make repairs to the Community Center parldng lot, including sidewalks and lighting. 6. Maintain and make repairs to the ea�terior playground equipment. 7. Provide all necessary telephone and coaununication connections for all areas of the Center not assigned to the City's management under this Agreement. S. Provide all necessary meters and submeters for fuel, electric power and water, and &stribntion panels for telephone, comtnunications, and security connections to the areas assigned to the City's managemern under this Agreement. Contract No. 97-082 McDonou�h Commuoity Cmter MNl-1,4,8A a�- a l� 9. Purchase and install the interior PSayground equipmatt for the children's gymnasium. The PHA and City will negotiate and agree in writing as to the reasonableaess and responst'bility for payment of costs and expenses related to maintenance and repairs of said equipment. B. The City, at its sok cost xnd ezpense, shaIl: 1. Fumish all labor, materiais and equipmem necessary to malce all the ordinary repairs to and provide routine maintenance for the interior areas of the Ce�ater assigned to its management under this Agreement including, but not limited to, interior painting, repairs to light fixtures and receptacles, window panes, repairs to floor s�ufscing, walls, e�cterior and 'urterior doors, cabinets, hardware, unit heaters, the repairs and replacement of plumbing fixtures. 2. Have the right to attach fixWres and install equipment in or upon the areas assigned to it under this Agreement. Any fixtures or equipment installed shall remain the property of the City and may be _ removed by ths City, provided that the City sha(1, at its cost and expense, restore any surfaces that may have been damsged by the removal of said fixtures and equipment, and otherwise restore the areas to the condition thereof as the same existed at the time of maldng of such installation of structures, fixtures, and equipment. 3. (a) Provide or cause to be furnished ali nece.gsazy fuel and etec[cic power for the proper heating, cooling, and lighting services to and for the aress assigned to its management under this Agreement. The majority of the areas will be separately metered. (b) For the 1, 800 square feet of space assi� to the management of the City under this Agreement that is not separately metered for utility costs (see Attachment A- lobby 117, meeting room 118, corridor 121, activity room 128), the Ciry shall reimburse the PHA for the cost of providing urilities at an agrced upon per square foot energ,y cost rate. The PHA will invoice the City annuxlly based on achial enecgy consumption data. The payment from the City to the PHA is payable within twenty (20) days of receiving the invoice &om the PHA. 4. Pay the water utility costs for the areas assigneci to its macsagement under this Agreement. This Saint Paul Water Utility will separately meter and bill the City for these utility costs. 5. Maintain and make repairs to the package heating(cooling system located on the roof of the children's gymnasiutn. 6. Maintain and make repairs to the boiler and FIVAC unit located in the main gymnasium. 7. Provide all neceasary telephone and communication service for the areas assigned to the City's management under ttris Agreement. 8. Be responsible for any repairs for damages or coaections to the Community Center or grounds caused by the City or its prog,ram participants, �cept as they result from ordinary wear and tear. � Conh�act Na 97-062 McDonou�h Commanity Ceatcr MNl-1,4,SA °t� -a�o 9. Purchase, maintain, and make repairs to a trash dumpsier that must be located in the hash enclosure as identified in Attachment A for the disposai of trash from Parks and Recrearion programs. The City shall also, at its sole cost and expense, make airangemeMs for regular trash removal. 10. Provide daily housekeeping responstbilities in the space assigned to the City's manageiment under this Agreement consistent with the City's staadards for "Ne'sghborhood" level Recreation Centers. III. OTHER PROVLSIOPiS A. NON-DISCRIbIINATION T'he PHA and the City agree that in the administration of any ofthe City's programs under this Agreemsnt no person, on the grounds of race, color, religioq creed, national origin or ancestry, familial status, sex, status with regard to public assistance, maritai status, disability, age, sexual or affectional oriernation, politicai or other affiliation, shall be p�cluded &om participation in a program or be denied benefits of a program and agree to comply with all federai, state and local laws regarding discrimination, B. INSURANCE AND INDEMI�IIFICATION The City does hereby release, discharge, and agree to indemnify, protect, defend, and save harmless the PHA from liability for any cost, daznage, expease, deatt� injury, or other casualty, to any person whomsoever, or property whatsoever caused by or arising out of the City's use, occupancy, management, and maintenance of spaces assigned to it under this Agreement; provided that such indemnification shatl not be applicable where a decision ar judgment of a court of competent jurisdiction indicates that said casualty to person or property was the direct resuit of acts of corrunissioq omission, negligence or fauit of the PHA, their agents or employees. C. RIGHT OF ENTRY, IN5PECfIOPi A1�ID REPAIIt The PAA, through its suthorized employees or agerns, has the right to enter any City assigned Community Center spacc at any time, without advance notification, when there is reasonable cause to believe an emergency exists, or, during reguiar business hours and upon two (2) days' notice, for the purpose of inspection or repair of the space or any PHA-supplied equipment located in the space, or for such other reasonable purpose as may be deemed neces.4ary by the PIiA. D. DATA PRIVACY All data collected, created, received, maintained, or disseminated by the City or the PHA for any purposes in the caurse of the perfom�ance of this Agreement is governed by the lvTinnesota Govemment Data Practices Act, Mmn. Stat. 13A1 et seq., or any other applicable state staxutes, any state niles adopted to impiement the Act, as well as federal reguiations on data privacy. The parties agree to abide strictly by these statutes, niles, and regulations. 7 coatrad xo. 9�-062 McDonouYh Cou�mueity Ceater MNl-1,4,8A a�-a`� T'he PHA has designated, and the City also agrees to designste, a Responsible Authority pursuant to the M'innesota Csoverament Data Practices Act, Ivfinn. Stat. Chapta 13, who is the individual responsible for the collectio� use and dissemination of any sex of data on individuals, governmem data, or summary data pursuazrt to this Agreement The City shall notify the PHA of the name of its designated responsibie authority. E. DISPOSAL OF PERSONAL PROPERTY The PHA shall have the right, without notice to sell, deslroy, or otherwise dispose o� any personal properiy left in the Community Center after the City has vacated or abandoned the space assigned to it under tivs Agreement. The City will be responaible for any costs incanred by the PHA in the storage or disposat of such properiy. The PHA wilt assess charges in accordance with the PHA Schedule of Standard Service Charges. F. DISPUTES In the event of a dispute arising under this Agreement, either party shall notify the other promptly in writing of its conternions and subaut its claim. Irrespective of the eadstence of a dispute, the City shall proceed with the responsibilities assigned to it under this A.greement, unless the PHA has exercised its right under this Agreement to assume fiill management of the �mtire McDonough Community Center. G. CHANGES Changes to any of the temu of this Ag�eement may be made only by mutual agreement of the City and the PHA and incorporated in a written amendment signed by both parties. H. TERMINATION Tfris Agreement may be ternrinated by either the PE3A or the City upon 180 days written notice mailed by either party to the other. Ternrinarion of this Agree�nent will res�ilt in the assumption by the PHA of the management of the space assigned to the City under this Agreeanent and the termination of all recreational programming unless otherwise agreed to in writang betwe� the PI3A and the City. This Agreement will expire on December 31, 2017 and will automatically tenninste upon eapiration. L ENTIRE AGREEMENT This Agreement represents the entire Agreement between the PHA and the City and replaces and supersedes any and all prior written and orai agreements relating to the subject matter of this Agrcement. Contraet No. 97-082 McDonoaYh Commuoity Cmter MNl-1,4,8A 9�1 -a�o By the signawres betow, the PHA and the City have exxuted this Agre�ent effective as of the date first written above. PUBLIC HOUSING AGENCY OF THE CiTY OR SAITIT PAUL By: Its Chainnaa of the Board of Commissioners By. Its Executive Director By: Its Controller � iu B �C /r"'�VI � ./�`"� �� ,.� ��--- B �� B Its �f�ovc-�� s � /�-e.em �%,� �� -�.� /-�,5�.,�- G� � v5�97 CI�-�!o � � ; i c i c �t'�-��O � !., t it yl i McDONOUGH COMMUNITY CENTER CODE THE COMMUNITY CENTER PROVIDES SPACES FOR: 1) SERVICE5 AND PROGRAMS FOR RESIDENTS IN THE AREA 0 2) COMMUNITY MEETINGS AND ACTIVITIES You aze welcome at the Center to participate in programs, receive services, volunteer your time, and attend meetings. In return, we ask you to: • Respect all residents, PHA staff, service providers, and guests • Respect the property and fumishings at the Center • Enjoy the space in peace •Be Fair •Be Safe •Be Courteous PI��JUDIG� �� zoH� Commitment To Diversity The public housing community in the Ciry of Saint Paul is everchan�in� and diverse. We are � nulri-cultural community of individuais, and we are all unique and deseiving of respect. We are �f diverse racial, ethnic and national origins. Our views encompass a broad spectrum oi -eligious and polirical beliefs, and our sexual orientations differ. We believe that our communit� s enhanced and enriched through the diversity which each individual contributes. We are znique in that we strive to work and live to�ether and, in the process, we can learn from one �nother in an atmosphere of positive contact and mutual respect. �Ve are commitTed to fostering an environment within our community where a11 residents anc �taff, regardless of differences, can feel safe, secure, and supported. We are committed tc �ehavin� and expecting others to behave in ways which demonstrate our beliefs �bout the -espectful treatment of each member of our community. We believe that we �u individually anc ollectively responsible for our behavior and are fully accountable for our actions. Bi�otiy ha� 7o place within our community, nor does the right to degrade another human beinQ on the basi; �f a�e, physical ableness, national origin, sexual orientation, race, gender, or religiou� �ffiliation. We will not tolerate verbal or written abuse, threats, intimidation. violence, or othe� ��.`orms of harassment against any member of our communiry. Likewise, we will not �ccep� anorance, anger, alcohol, or substance abuse as an excuse, reason, or ratiotiale for sucY �ehavior. SI1 of us who live and work in this community are here by choice and are committed to these �rinciples which are an integral part of our purpose, values, and daily activities Adapted from the Colorado State and University of Minnesota Housing Diversiry Statement) PUBLIC HOUSING AGENGY C A � IU `P' D A I � � conaticc xo. s�-usz McDonoaYh commmity Cmtcr MNl-1,4,SA � ��-a�o USE, MANAGEMENT, and MAINT�NANCE of SPACE AGREEMENT COMMIJNITY CENTER The Public Housing Agency of the City of Saim Paul ("PHA'� and the City of Saint Paul Departmeat of Parks and Recreation acting by and through its Divi�on of Parks and Recreation <"cit�') encer inco this Agreemem ("Agreeme�') on this lst aay ofMarch, 1997. WFIEREAS, the purpose of the McDonough Comtnunity Center ("Community Center") is to provide appropriate space and faeilities for the PHA and various service providers to deliver programs and servilce.s that primarily serve the needs of the McDonough Homes reside.nts; and WHEREAS, the PHA and the City have partnered in providing space and facilities for recxeational programming for approximately thirty years for McDonough residents and non-public housing residents at the McDonough Comtnunity Center; and Wf�REAS, the PHA desires to ma�cimize the use of the McDonough Community Cerner space and facilities; and WI�REAS, the City desires to continue providing year-round adult and youth recreationat programming at the McDonough Recceation Center ("Recreation Cente�'), located in the McDonough Community Center, primarily for McDonough residents as well as for non-public housing residerrt.s, as it does in other azeas of the City; and VJHEREAS, the PHA has obtained 54275 million in fimding from the U. S. Department of Housing and LJrban Development ("IitJD") through its Public Housing Comprehensive Grant ($2.225 million), Youth Developme�nt Inidative (5955,000), and the Famity Im+e�ment Center Programs ($955,000) for tbs modeinization and expansion of the McDonough Communiry Ce,nter, located at 1544 T'unberlake Road, Saint Paul, MN, 55117, owned by the PHA, 480 Cedar Strcet, Suite 600, Sairn Paul, M13, 55101; and Wf�EREAS, the modeinization aad expansion project for the Community Center includes remodeling appro�rimately 30,000 sq�are feet of the earisting Center and building two additions totaling 20,000 square feet. The completed project will feature an improved main gymnasium, the addition of a children's gymnasium equipped with a new interior glaytot, and prpanded space for Community Center and City Recreation C� programs including offices, clinic, c�hildcare rooms, computer lab, classrooms, and community room. Other improv� inclnde a single centralized building entrance with elevator, sewrit3' gY�, �' �� Pl�� liShtin8 a� HVAC systems. Improvements will also be made to PHA offices and support areas and to tbe maintenance vetdcle garage. Site improvements include a new and expanded parlong lot, playground, and lighting. The entire Community Cerner will be upgraded to mcet all aurent Life Safety and Accessi'bility Codes; and com�c xa �-oaz McDonou� Com�noity Cmter MNl-1,4,8A q'1-a �o WHEREA5, the McDonough Community Ceater mode�ni�ation a� espan�on project provides a unique oPP��Y for the PHA and the City to co�imie to collaborate in the improvement and expan�on of adequate space and facilities for recreational programming for residents in the McDonough Homes community and in the neighborin8 ��Y, WFIEREEAS, the PHA has worked closely with the City in the desagn of the modernization and expansion ofthe McDonough Community Ce�s, including the Re�eation Center, and the City has indicated its desire to have an air conditioning system installed in the Recreation Center and to have additional external lighting installed in the parldng lot and �dewaiks adjoining the Recreation Center. The complete Scope of Work for the modernization and expansion project is detailed in the Plans and Specifications developed for Contract No. 97028-C1, dated 7uly 20, 1996, and Addendum #1, dated August 8, 1996 by McMonigal Architects, w}uch Plans and Specifications include provision for the installation of a new sir conditioning system and external lighting as noted herein; and WI�REAS, the fundiag obtained by the PHA does not i�lude funds for either the installa6on of an air conditioning systean in the Recxeation Ccnter nor the'snstailation of external lighting for the parking lot and sidewallrs adjoining the Recreation Ceater portion of the Community Center, and WI�REAS, the City has obtained $140,000 in funding &om FItJD through its Community Developma►t Block Grant Progam and has agreed to cora�ibute t}ris amount toward the purchase and installstion of tt� sir conditioning system in the Recreation C� a�i the external lighting of the parldng lot and sidewelks, as noted above, and has agreed to make payme�nt ofthe $140,000 to the PFIA within thirty (30) days after tlre execution of this Agr�t; and rVHEREAS, the PHA has entered into Contract No. 97028-C 1 with Frerichs Construction Company, dated August 28, 1996, which contract complies with all federai contract requirements, including all applicable requirements of Federai laws and regulations regarding labor standards. NOW, THEREFORE, the PHA and the City agree to the following terms and conditions: L SCOPE OF RE5YONSIBIIIT7ES A, GenerA! 1. The PHA's Programs Services Manager will be the PHA's primazy contact with the Ciry for purposes of implennenting tlus Agrcement. For day-to-daq on-�te program operations, the PHA's primary contact with the Ciry will be the McDonough Housing Manager, the McDonough Human 5ervices Coordinator, or a designee. 2. The City's Manager of Recreation Sesvices will be the City's primary contact with the PHA for Purpos� of implementing this Agr�t. For day-to-day on-site progcam op�ations, the City's primary contact with the PHA will be the Recrearion C� Director assigned primarily to McDonough Recreation Center. 2 Co�rut Na 97-OBZ M�� co��ey c� MNl-1,4,8A B. The PHA: al�l -� �.o 1. Shall manage all areas of t� McDonough Com�nity Ceater �cept those areas assigned to the City as designated in Attachment A to this Agrcem�t. 2. Considers the City the primary usa and manager of the space assig�ed to it in Attachmem A. 3. Reserves tlu riSht, �pon t1urtY (30) daya writtea �tice to the CitY, to temPo�Y �Pend the terms of this Agreemern a� ass�me fiill managemeat of the entire McDonougln Commuaity Center, including the space assigned to the City in Attachment A when it determines just cause for doing so. 4. Shall, at the PHA's sole eost aad �pense, purchsae and instait the imerior playground equipment for the cluldren's gSmnnas�nm. 5. Shall, upon request by the City, provide the City with documentation verifying that the funds contn'buted by the City were expended purs�ant to this Agreeme�rt. 6. Shall work cooperatively with the City in scheduling PHA use of the spaces assigned to the City's managemeat under this Agreement, including the cLildren's gymnasium. �. TLe City shall: 1. Manage the areas in the McDonough Community Center assigned to it as designated in Attachmem A 2. (a) Use the space assigned to it undez this Agr�t primarity for recreationai programming. The City will make the areas it manages pursuant to the Agreement available to the PHA and other secvice providers under conuact with the PHA during times when there is no scheduted City recreational programming in those areas. There shall be no cost to the PHA for its use of suy area in the Community Center managed by the City. The City may chsrge fees to other users based upon its Facility Use Charges. (b) The City shall maintain a schedule, including the dates and times, of all users of the areas it manages under this Agreemeot. {c) As provided in Attachmec►t A, among the areas asaigned to the City for management is the children's gymna�um. The City shall maintain the prog�am schedule for the children's gymnasium. During times when th�e is no schedaled City recxeationat programming, the City shall make the children's gymnasium available at no cost to the PHA and to othex service providers which have a contract with the PHA or are otheiwise approved in vvriW�g by the PFIA. The City shall work cooperatively with PHA's McDonough Human Services Coordinator in sched�ling use of the ch�7dren's BY��um. Contnct No. 97-082 McDonou�h Commmity Ceater MNl-1,4,SA �l� - a�° 3. (a) Provide year-round adult and youth recreationai programming, inciuding a fiill-time on-site Recreation Ceater Dirxtor assig�ed primarily w the McDonough Recreation Ce�nter and other appropriate staff The progranw�ing shall be at least equival�t to and consiste� with the programming provided at other City Recreation Centers as determined by the City and shall specifically meet the nceds of the McDonough com�nity. The City w7t provide a written notice to the PHA of any staff Director changes at the McDonough Community Center as soon as the City is aware of the changes or at least ten (10) days prior the effective date of the staff change. The City will otherwise work cooperatively with the PHA regarding the planning and implem�tation of the City programs. (b) Be responsa'ble for comrolling the behavior of its program and services participams and vi�tors to the Recreation Center duiing the Recreation Ceater's hours of opexatioa This provision does not apply when another group has been approved to use space assigned to the City's management under this Agreement. (c) Provide on-site aduk staff in the Recreation Ce,nter and in a�ry otber azea assigned to the City for which it has maoagemern responsibilities under tlris Agreemeat, during all hours the City's Recreation Center or other City-managed area is open, unless the PHA or another PHA approved service provider is administeriug a program and is specifically providing adult staff and has notified the City in writing of that fact including program content, schedule, and assigned staff. (d) Ensure at least one adult staff person or designated activity leades is located in each room or space under its management that is op� to or in use by youth. 4. Supply all equipment, furnishings, supplies, or other materials nceded for the operation of its recreational programs and services. 5. Attend monthly coordination meetings with PHA Management staff. 6. Establish and maintain a montlily statistical summary of the number of persons being seived by the City's recreational programs in the Recreation Center, including an approadmate percentage breakdown of residents and non-residents ofMcDonough Homes, a� pres�t this summary to the PHA McDonough Homes Human Seavices Coordinator at the monthly coordination m�ting. 7. Comply with the McDonough Community Center Code (Attachment B) and Commitmem to Diversity Statement (Attachment C). 8. Utilize the space assigned and designated in Attachment A fot the purposes, programs, and/or services as scheduted unless otherwise agreed, in wtiting, by the PHA. 9. Ensure the PHA has access in the moming hours to Kitcl�en 113 (Headstart) through door 113a for kitchen deliveries. 10. Not lease or sub-lease any area within the McDonough Community Center. 4 Co�ract Na 97-OBZ McDononYh Commanity Cmter MNl-1,4,8A 1 1 �1 � � A. The PRA, at ib sole coat auad e�eaae, aha9: �n-a�o 1. Subject to available fiiad'eng throug6 the U.S. Department of Housing and Urban Developmem, fiunish all isbor, mateciat arai equipment neces.�uy to: (a) maintain ia good repair the �tesior of the Community Center; the etectricat and plumbiag liae.a to the location of the3r outlet within the Community C�; snd shall assure the mairnenance of tbe underground sewes and water sen+ice connections for the Community Ce�nter, (b) make major repairs to the interior and exterior of the Community Centea. To the e�ctent poss►'ble, the City shalt submit a written request to the PHA for amiapated major repairs at leask six (fi} mouths in advance of when the priysical wark �st be pesformed to allow for budget approvals and the awarding of contracts for �ch work. (c) provide daily housekceping far the Center �cept for area assigned to the City's managem�t uuder ttris Agreernem. 2. Provide alt necessary fuel and electric power for the proper heating and lig6ting and all water utility services for all azeas of the Center not asaigned to the City's management under this Agrcemart. 3. Maintsin and malce repairs to the HVAC equipmea�t for all areas of the C�ter not assigned to the Gity's management under this Agr�nent. The PHA shsll also maintain and make repairs to the variable air volume (VA� equipmart located in and servicing the lobby 117, meeting room 118, corridor 121, and activity room 128. 4. Maintain and mske repairs to the Commnnity Center's main securiry systean including audio alaims on all adt doors, activation and deactivation of the &oat door key pad, aad the public address system. 5. Maintain aad malce repaira ta the Com�aity Ce� parking lot, inciuding sidewaiks and lighting. 6, Maintain and make repairs to the acterior playground equipmea►t. �. Provide all necessary telepfione and comtm�nicatioa connec6ons for all areas of the Cemer not assigned to the City's management under this Agr�t. 8. Provide all necessary meters and s�bm�ecs for fuet, electric pow� and water, and distn`bu6on panels for telephone, communications, aad sewrity connections to the amas ass►gned to the City's managemeat under this Agree�nettt. 5 Cw�aa xo. v�-osz McDonou;h Commmity Ca�ba� MN!-1,4,8A q�-�.�o 9. P�rchase sad 'mstail the intaior P�YB� �P�t fvc the c�dron's gymnasium. The PHA and City will negotiate and agoee in writiag as to the reasonebleaess and responsfb�ity for paymenk of costs and expenses related to maintenance and repairs of said equipment. B. TLe Citp, at its sok cost and czpeaat, sLall: 1. Furnish all labor, materials aad equipment rn�sacy to make all the ordinary repairs to and provide routine maintenance for the iateaior areas of the Center as�gned to its managemern under this Agreement including, but nat limited to, i�erior painting, repairs w light fucwres and receptacles, window panes, repairs to 9oor s�rfacing, walls, exterior and 'mtedior doors, cabinets, hardware, unit heaters, the repairs a� r�lac�nt of plu�ing fixWre.s. 2. Have ths right to attach fixtures and install equipm�t ia or upon the areas assigned to it uader this Agreement. Aay fixtures or equipmeat installed shall remain the property of the City and may be removed by the City Provided that the City sUsli, at its cost snd expense, restore any suxfaces that may have been damaged by the removal of said fixtures and equipment, and otherwise restore the areas to the condition thereof as the same existed at the time af making of such installation of stivatures, fi�ctures, and equipment. 3. (a) Provide or canse to be furnished all necessaiy fuel and �ic power for the proper heating, cooling, and lighting seivicea to and for tbe aress assigned to its maaagemem under this Agreement. The majority of the areas will be separately metered. (b} For the 1,800 square feet of space assigned to the manage+nent of the City under tlus Agreement that is not separatety metered for utility costs (see Attachmeat A- lobby 117, meeting room 118, corridor 121, activity room 128), the City shsli reimburse the PHA for the cost of providing uh7ities at an agreed upon pra square foot ea�gy cost rate. The PHA will invoice the City annually based on actuat energy consumption data, The payment from the City to the PHA is payable within twenty (20) days of receiving the iuvoice from the PHA. 4. Pay the watea utility costs for the anas asaigned to ita manag�nent under thi� Agreement. This Saiat Pau! Water Utility will separatety meter and bill the City for these utility costs. 5. Maintain and matce repairs to the package heating/cooling system located on the raof of the children's gymoasium. 6. Maintain aud make repairs to the boiles aad HVAC unit located 'u► the main gymnasium. 7. Provide all neceasacy tetephone a� communication secvice for the azeas assigned to the City's manageaneni under this Agreement. 8. Be responseble for azry repairs for damages or corredions to tbe Community C�ter or grounds caused by the City or its program pazticipants, eaccept as they res�lt from ordinary wear and tear. Gj Co�d�t No. 97-082 McDonoaph Commw�ity Ceater MNi-1,4,8A °t� -a�o 9. Parchase, maintain, and make repairs w a trash dumpater that must be located in the trash �closure as identified ia Attachmeat A for the disposal af trash from Parks aad R�on programs. The City shall also, at its soie cost aad expea�se, make arrangements for regu]ar traslt removai. 10. Provide dailY ��P�8 re�On�bilities in the space assigned to the City's managem�t under this Agre�ent wnsiste.at rovith the City's staadards for `2deighborhood" level Recreation Cerners. III. OTHER PROVISIONS A. NON DISCRIbIINATION The PHA and the Gity agree that in the admimstration of azry of the City's programs under this Agreement no pe�rson, on the grou�ls of race, color, religion, creed, national origitt or ancestry, familial stams, sex, staws with regard to public assistance, a�arital status, disab�7'�tq, 88�, sexuai or affectionat orieatation, politicai or othes affiliatioa, shall be eacctuded from pazticipation in a program or be denied benefits of a program and agree to comply with all federal, state and Iocal laws regarding di�!±±;*±Ahon, B. INSURANCE AND INDEMNIFICATION The Gity does hedeby release, discharge, and agree to indemnify, protect, defend, and save harmtess the PHA from fiab�ity for anY cost, dama$e, eXPense. death, inlwY or other casualty, to a�ry person whom�ever, or propeaty whataoevea caused by or arising out of the City's use, occupancy, management, and maintenance of spaces assigned to it undes this Agreement; provided that such indemnification shall not be appficable where a decisio» or judgment of a court of competent jurisdiction indicates that said casuaity to person or propeity was the direct result of acts of conamission, omissian, negtigence or fault of the PHA, their ag�nts or eanployees. C. RIGHT OF ENTRY, INSPECTION AND REPAIR The PHA, through its authorized �nployees or ageirts, has the right to em� aay City assigned Comarunity Ce�nted space at any iime, without advance notification, when there is reasonabls cause to believe an emergaicy eatists, or, during regular business 2iours and upon rivo (2) days' nodce, for the pw�wse of inspection or repair of the space or any PHA-supplied equipment located in the space, or for s�ch other reasonable purpose as mxy be deeme� necessary by the PHA. D. DATA PRiVACY All data collected, created, receaved, maintainc�d, or disseminated by t6e City or the PHA for any purposes in the course of the performance of this Agreemem is govaned by the Mmnesota Go�rernm� Data Practices Act, It�nn. Stat. 13.01 et seq., ar any other applicable state statutes, any state rules adopted to implement the Act, as well as federal reg�iations on data privacy. The parties agree to alri� strictly by these statutes, rules, and regulations. co,�c xa s�.osa McDosoa� Co�smaity Ceatcr MNI-1,4,8A °1�-�.�d The PHA Las desigoated, aad tbe C"rty aiso agrees to designatc, a Responsa'ble Authority � to the M'maesota Govensmeat Data Practices A�t, Mixm. Stat. Chapia 13, who is the individual responsible for the collection, use and dia�eminatian of aay s� of clata oa i�lividuais, govenuneat data, or summary data pursuaat to t6is Agreanmk The City sl�al! notify the PHA of the Bame of its desigaated responsi�ble suthority. E. DISPOSAL OF PERSONAL PROPERTY The PHA ahall have the right, without notice w sell, destroy, or atherwise dispose o� any pecsonal property left in the Community Cerner aftea tlre City has vacated or abandoaed the space assigned to it under this Agree+n�t. The City will be respons�bic for atry costs incuned by the PHA in the storage or disposal of such property. The PHA wil! assess cl�arges in accordance with the PHA Schedule of Standzrd Seivice Charges. F. DISPUTES In the event of a dispute arisiag under this Agreemellt, eather party shalt notify the other promptly in writing of its couteations and submit its claim. Imspective of the existence of a dispute, the City shall procxed with the respomwb�i6es assigned w it undex this Ag�ent, unless the PHA has exercised its right under this Ageement to assume full management of the e�tire McDonough Community Center. G CHANGES Changes to azry of the terms of this Agreemem may be made onty by mutuat agreement of the City and the PHA and incorporated "m a writtett amendment signed by both parties. �; �1 Y �i :7TI li �/ Y I�3�7 This Agreement may be terminated by either the PAA or t.i� City upon 180 days written ttotice mailed by either party to the othec Termination of tbis Agre�t will result ia the assumption by the PHA of the manageqnent of the space asaig�ed W the City under tliis A�t and the termination of all recreational prograimming unless atherwise agrsd to in v�mting betwee.n tbe PHA and tbe City. Tlus Agreement will azp'ue on December 31, 2017 and wil! suWmaricslly tenninate upon expiration. I, F.NTIRF. AGREE,MENT Tlus Agreement repres�ta the entire Agr�nent between the PHA and the City and replace.a and supersedes azry anc! all prior written snd orat agr�rts relating to t6e snbject matter of this Agreement. Contract Na 97-OBZ McDonot�k Co�ity Cmter MNl-1,4,i�A �� -a �o By the �gnaiurss bebw, the PHA aud the City I�ave ac� t�s A�t c�ivc as ofti� date first v�rittm above. PUBLIC HOIISIl+TG AGENCY OF T� CITY UF SAII�iT PAUL B Its Chairman oftheBoard ofCommissioners B Its Exetudve Diredor By: rr� c4Fmou� THE PY"�F A�lNT PA �t� By: {;��-�!� �-..�-�---�( Its sy: °�-�- , �. --- Its �..� � B Its By: its �Pl�(1UE� � j0 3E'm �f/`C.y' ' � �) '2-i •"i^P�-' �/�� G . � �:�/,0}�2` �i � �'�v �/ vs�� 0 _�^ _�� - I r ____,� { L � � �Il�t f -- (I��f��jjl� �, � , � .� .�� I - _�■ .'��i _ if +�� = U � � �f�.��-�� A �y °t�-a�o � v • o U U « M a 3 . - � � c o ° ti d a > � � O..� 0 0 � � g � � ` . t�y .� � • � �"'4 . p � � -� ' ��. '� .�� \\ � � �� '� �,� :�� .�� . ��. ;�►. �. � �� -� �� . . .< <,,, �, , McDONOUGH COMIVJ[1;1NITY CENTER CUDE THE COMM[JNITY CENTER PRUYIDES SPACES FOR 1) SERVICES AND PROGRAMS FOR RESIDENTS IN THE AREA If,`!!7 2} COMM[INITY MEETINGS .AND ACTIVITIES You are welcome at the Center to participate in programs, receive services, valunteer your time, and attend meetings. Tn rehun, we ask yau to: ' Respect all residents, PHA staff, service providers, and guests • Respe�ct the property and fiirnishings at the Center • Enjay the space ia peace •Be Fair •Be Safe �Be Courteous S u11r� S-�.�-�.-�� - 31 S 5 q�t RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Council File # 1 1 d,0 Green Sheet # �3�� Referred to Committee: Date 1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO 2 ENTER INTO AN AGREEMENT WITH THE PUBLIC HOUSING AGENCY OF SAINT 3 PAUL THAT AUTHORIZES THE CITY TO MANAGE THE RECREATION SPACE AT 4 THE MCDONOUGH COMMUNITY CENTER. 5 � WITNESSETH: WHEREAS, the Public Housing Agency(PHA) of Saint Paul is the owner and manager of the McDOnough Community Center(Center), located at 1544 Timberlake Road, Saint Paul, Minnesota 55117; and 9 WHEREAS, the PHA wishes to provide appropriate space and 10 facilities at the Center for the delivery of programs and 11 services that primarily serve the needs of the McDonough 12 community; and 13 14 WHEREAS, the PHA has obtained $4.275 million in funding from 15 the U.S. Department of Housing and Urban Development to make 16 improvements to the Center, including the recreation space; and 17 WHEREAS, the City has budgeted $140,000 through its 18 Community Development Block Grant Program to contribute to the 19 construction project; and 20 21 22 23 24 25 26 27 28 29 WHEREAS, the PHA and the City's Division o£ Parks and Recreation(City) have partnered in providing space and facilities for approximately 30 years; and WHEREAS, Che PHA wishes to maximize the use of the Center space and facilities; and WHEREAS, the City desires and has the capacity to provide year-round recreational services at the Center; and WHEREAS, the City has the capacity to manage the recreational space at the Center; and 30 WHEREAS, the PHA has requested that the City manage the C1r� _��p 31 recreational space at the Center. � 32 NOW, THEREFORE BE IT RESOLVED, that the Council of the City 33 of Saint Paul direct the Saint Paul Division of Parks and 34 Recreation to enter into an agreement with the Public Housing 35 Agency of Saint Paul that authorizes the City to manage the 36 recreation space at the McDonough Community Center; and 37 BE IT FURTHER RESOLVED, that the Council of the City of 38 Saint Paul authorizes payment to the PHA of the $140,000 City 39 contribution upon execution of said agreement. Yeas Nays Absent Blakey ✓ Bostrom � Harris Mauer �/ Megard � Rettman ✓ Thune � � � Requested by: � Adopted by Council: Date ��9� Adoption Certified by Council Secretary BY \�� _ C d- _ 1 � Approved by Mayor: Date: .fl��/ � BY: � �� Division o arks and Recreation ay: Form Approved by City By: Approved �y Mayor for Submission to Council � � BY = f //` �9 S I Q'7 -a�� oEPp�ks & Re�reatlon Zi13�9, . GREEN SHEE N_ 3fi 123 CANTACTPERSON&PHONE QDEPARTMENTDIRECTOP �CT'COUNCIL INRIAL/DATE Vince Gillespie 266-6408 ^��x � CITYATTOPNEY � CRYCLEFK MUST BE ON COUNCIL AGENDA BY (DATE) pU a BUOGET �IPECTOR � FIN. & MGT. SEAVICES DIR. ORDER �MAYOR(ORASSISTANn �_parkc_ TOTAL # OF SIGNATUqE PAGES 4 � (CLIP ALL LOCATIONS FOR SIGNATURE) ACtION NEOUESTEO: Approve resolution directing the Divi'sion of Parks and Recreation to enter into an agreement with the PHA of Saint Paul authorizing the City to mana e the recreation s ace at the McDonou h Communit Centex. RECOMMENDATIONS: Approva (A) or Reject (p) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING CAMMISSION __ CIVIL SERVICE COMMISS�ON �� Has this personlFirm ever worked under a conbac[ for tliis departmeM? - _ qB COMMITTEE _ YES NO ' A � — 2. Has this person/firm ever 6een a ciryr empfoyea? — YES NO _ o1STa1C7 COURT — 3. Does this perSOnJEirm possess a skill rrot irormaNy possessed by arey current ciry employee? SUPPORTS WHICH COUNpL OBJECTIVE? _ YES NO Explain all yes a�awers on separote sheet and ettnch to green sheet INITIATING P80BLEM, ISSUE, OPPfJRNNITY (Who, Whet, Whan, Where, Why): � The previous agreement authorizing the Division of Parks and Recreation to manage the recreation space at the McDonough Community Center has expired. Additionally the facility is being improved. A new management agreement should be approved. ADVANTAGES IFAPPROVED: ' The City will continue management of the recreation space at the McDonough Community Center. DISADVANTAGESIFAPPFOVED: � Coanci4 Res�arch Center �� None �� `� � n �� FEB 20 1991 p FE� iE 1997 I�kYO�'8 LlffiCE L�� R�T� 6� � DISAWANTAGES IFNOTAPPROVED: The City will no longer provide recreation services at the McDonough Community Center. TOTAL AMOUNT OFTRANSACTION S 14� , 000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdGSOURCE Capital Improvement Blldget ACTIVI7YNUMBER C94-3F009-0898-34076 FINANCIAL INFORMATION: (EXPLAIN) CDBG Funds , 0 �� °' � `: � F's � council File # 9 � _ �.�0 � � � � � � � � � � Green Sheet # �� RESOLUTION F SAINT PAUL, MINNESOTA Presented By Referred to Committee: a3 1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND R�'CREATION TO 2 ENTER INTO AN AGREEMENT WITH THE PUBLIC HOUSING AUT�PORITY OF 3 SAINT PAUL THAT AUTHORIZES THE CITY TO MANAGE THjT2ECREATION 4 SPACE AT THE MCDONOUGH COMMUNITY CENTER. G'1 � WITNESSETH: WHEREAS, the Public Housing Authorit/y(PHA) of Saint Paul is the owner and manager of the McDonough,Community Center(Center), located at 1544 Timberlake Road, Saint% Paul, Minnesota 55117; and 9 WHEREAS, the PHA wishes to pro'vide appropriate space and 10 facilities at the Center for the elivery of programs and 11 services that primarily serve t needs of the McDonough 12 community; and 13 14 WHEREAS, the PHA has o ained $4.275 million in funding from 15 the U.S. Department of Hou ing and Urban Development to make 16 improvements to the Cente , including the recreation space; and 17 WHEREAS, the City as budgeted 5140,000 through its 18 Community Development lock Grant Program to contribute to the 19 construction project, and 20 WHEREAS, the PHA and the City's Division of Parks and 21 Recreation(City) have partnered in providing space and facilities 22 for approximat ly 30 years; and 23 24 25 26 27 28 29 space year , the PHA wishes to maximize the use of the Center cilities; and S, the City desires and has the capacity to provide recreational services at the Center; and I WHEREAS, the City has the capacity to manage the recreational space at the Center; and 30 WHEREAS, the PHA has requested that the City manage the �� 31 recreational space at the Center. 32 NOW, THEREFORE BE IT RESOLVED, that the Council of the City 33 of Saint Paul direct the Saint Paul Division o£ Park and 34 Recreation to enter into an agreement with the Publ c Housing 35 Authority of Saint Paul that authorizes the City manage the 36 recreation space at the McDOnough Community Cent ; and 37 BE IT FURTHER RESOLVED, that the Council f the City of 38 Saint Paul authorizes payment to the PHA of e$140,00o City 39 contribution upon execution of said agreeme . Blakey Sostrom Harris Mauer_ Megard_ Rettman Thune Adopted by Yeas Absent Requested by: il: Date Adoption Cer£ified by Council Secretary Sy Approved by Mayor: Date: By: � . . . . - . , l�'� �:. �� Form Approved by City Attorney By: (/ v�w�.-JS �� / Approved by Mayor for Submission to Counci� �/ By: /� Y --r J Cootract No. 97-082 McDonoup,h Community Center MNl-1,4,8A �.�1=�.�o USE, MANAGEMENT, xnd MAINT�NANCE of SPACE AGREEMENT MCDONOUGH C011�TY CENTER The Public Aousing Agency of the City of Sairn Paul ("PHA") and the City of Saint Paul Department of Pazks and Recreation acting by and through its Division of Parks and Recreation ("Cit�') enter into this Agreement ("AgreemenY') on this 1 st day of March, 1997. WFIEREAS, the purpose of the McDonough Community Center ("Community Center") is to provide appropriate space and facilities for the PHA and various service providers to deliver programs and services that primarily serve the needs of the McDonough Homes residents; and WHEREAS, the PHA and the City have partnered in providing space and facilities for recreational programming for approximately thirty years for McDonough residents and non-public housing residents at the McDonough Community Center, and WEiEREAS, the PE3A desires to maximize the use of the McDonough Community Center space and facilities; and Wf�REAS, the City desires to continue providing year-round adult and youth recreational progamming at the McDonough Recreation Center ("Recreation Centei"), located in the McDonough Community Center, primarily for McDonough residents as well as for non public housing residents, as it does in other areas of the City; and WE�REAS, the PHA has obtained 54.275 million in funding &om the U. S. Department of Housing and Urban Development ("FITJD") through its Public Housing Comprehensive Grant ($2.225 million), Youth Development Initiarive (5955,000), and the Family Investment Center Programs ($955,000) for the modemization and expansion ofthe McDonough Community Center, located at 1544 Timberlake Road, Saint Paul, MN, 55117, owned by the PHA, 480 Cedar Street, Suite 600, Saint Paul, MN, 55101; and WI�REAS, the modernization and expansion project for the Community Center includes remodeling approximately 30,000 square feet of the existing Center and building two additions totaling 20,000 square feet. The completed project will feature an improved main gymnasium, the addition of a children's gymnasium equipped wifh a new interior playlot, and expanded space for Community Center and City Recreation Center programs inciuding offices, clinic, childcare rooms, computer lab, classrooms, and community room. Other improvements inc3ude a single centralized buiiding entrance with elevator, secutity system, new roo� piumbing, lighting and fiVAC systems. Improvements will also be made to PHA offices and support areas and to the maintenance vehicle garage. Site improvements include a new and expanded parlang lot, playground, and lighting. The entire Community Center will be upgraded to meet all aurern Life Safety and Accessibiliry Codes; and Coatrad No. 97-062 McDonouQh Commuoity Center MNl-1,4,8A �(rj -1\O Wf�REAS, the McDonough Commvnity Center modemization and expansion project provides a unique opportunity for the PHA and the City to continue to collaborate in the improvement and expansion of adequate space and facilities for recreational programming for residents in the McDonough Homes community and in the neighboring community; WI�REAS, the PHA has worked ciosely with the City in the design of the modernization and expansion of the McDonough Community Center, including the Recreation Center, and the City has indicated its desire to have an air conditioning system installed in the Recreation Center and to have additional extemai lighting installed in the parking lot and sidewalks adjoining the Recreation Center. The comglete Scoge of Work for the modernization and expansion project is detailed in the Plans and Specifications developed for Contract No. 9�028-C1, dated July 20, 1996, and Addendum #1, dated August 8, 1996 by McMonigal Architects, which Plans and SpeciScations include provision for the installation of a new sir conditioning system and external lighting as noted herein; and WF�REAS, the funding obtained by the PHA does not include funds for either the installation of an air conditioning system in the Recreation Center nor the installation of external lighting for the parking lot and sidewaiks adjoining the Recreation Center portion of the Community Center, and WF�REAS, the City has obtained $140,000 in funding from HIID through its Community Development Block Grant Program and has agrced to contribute ttus amount toward the purcbase and installation of the air conditioning system in the Recrearion Center and the external lighting of the paridng lot and sidewalks, as noted above, and has agread to malce payment of the $140,000 to the PHA within thirty (30) days after the exewtion of this Agreement; and WHEREAS, the PHA has entered into Contract No. 97028-C 1 with Frerichs Consriuetion Company, dated August 28, 1496, which contract complies with all federal contract requirements, including all applicable requireme�ts of Federal laws and regutations regarding labor standards. NOW, T7�REFORE, the PHA and the City agree to the following tenns and conditions: L SCOPE O�' RESPONSIBILITIES A. General 1. The PHA's Programs Services Manager will be the PHA's primnry contact with the Ciry for purposes of implementing this Agreement. For day-to-day on-site program operations, the PHA's primary contact with the City will be the McDonough FIousing Manager, the McDonough Human Seivices Coordinator, or a designee. 2. The City's Menager ofRecreation Services will be the City's priznary contact with the PHA for purposes of anplementing this A.grcement. For day-to-day on-site program operations, the City's primary contact with the PHA will be the Recreation Center Director assigned primarily to McDonough Recreation Centet. 2 Contract Na 97-082 McDonouYh Comm�mity Center MNI-1,4,SA B. The PHA: �� -a�o 1. Sball tnanage all areas of the McDonough Community Center except those areas assigned to the Cig as designated in Attachment A to ttris Agrcement. 2. Considers the City the primary user and manager of the space assigned to it in Attachment A. 3. Reserves tfie right, upon thirty (30) days written notice to the City, to temporarily suspend the teims of this Agrcemem and assume full managem�t of the ernire McDonough Couununity Center, including the space assigned to the City in Attachment A when it determines just cause for doing so. 4. Shall, at the PHA's sole co� and expense, purchase and install the interior playground equipmern for the children's gymnasium. 5. Shall, upon request by the City, provide the City with documentation verifying that the funds contributed by the City were expended pursuant to ttris Agreemeat. 6. Shall work cooperatively with the City in scheduling PHA use of the spaces assigned to the City's managemem under this Agreement, including the children's gymnasium. B. The City shxll: 1. Manage the areas in the McDonough Community Center assigned to it as designated in Attachment A 2. (a) Use the space assigned to it under this Ageeme,nt griruazily for recreational programming. The City will make the areas it manages pursuant to the Agrcement avaitable to the PHA and other service providers under contract with the PHA during times when there is no scheduled City recreational programrning in those areas. There shall be no cost to the PHA for its use of any area in the Comcuunity Center managed by the City. The City may charge fces to other users based upon its Facility i3se Charges. (b) The City shall maintain a schedule, including the daies and times, of all users of the areas it manages under this Agreement. (c) As provided in Attachment A, among the areas assigned to the City for management is the children's gymnasium. The City shall maintain the program schedule for the children's gymnasium. During times when there is no scheduled City recsearional pmgramming, the City shall make the children's gymnasium availabie at no cost to the PHA aad to other savice providers which have a contract with the PFIA or are otherwise approved in writing by the PHA. The City shall work cooperatively with PHA's McDonough Human Services Coordinator in scheduling use of the children's gymnasium. Contnct No. 97-082 McDonoup6 Commnnity Ceater MNl-1,4,8A a�t- a�o 3. (a) Provide year-round adult and youth recreational programming, including a fiill-time on-site Recreation Center Director assigned primarily to the McDonough Recreation Center and other appropriate staff The programming shall be at least equivalent to and consistent with the progranuning provided at other City Recreation Centers as detennined by the City and shall specifically meet the needs of the McDonough community. The City will provide a written notice to the PHA of any staff Director changes at the McDonough Co+++m„n;ty Center as soon as the City is aware of the changes or at least ten (10) days prior the effecrive date of the staff change. The City will otherwise work cooperatively with the PHA regarding the planning and implementation of the City programs. (b) Be responsible for controlling the behavior of its program and services participants and visitors to the Recreation Center during the Recreation Center's hours of operation. Tlris provision does not apply when another group has been approved to use space assigned to the City's management under this Agreement. (c) Provide on-site aduit staff in the Recreation Center and in any other area assigned to the City for which it has management responsibilities under this Agreement, during all hours the City's Recreation Center or other City-managed area is open, unless the PHA or another PHA-approved service provider is administering a program and is specifically providing adult staff and has notified the City in writing of that fact including program content, schedule, and assigned staff. (d) Ensure at least one adult staff person or designated activity leader is located in each room or space under its management that is open to or in use by youth. 4. 5upply all equipment, furnishings, supplies, or other materials needed for the operation of its recreational programs and services. 5. Attend monthly coordination meetings with PHA Management staff. 6. Establish and maintain a monthly statisticai summary of the number of persons being served by the City's recreational programs in the Recreation Center, including an appro�rimate percentage breakdown of residents and non-residents of McDonough Homes, and present this summary to the PHA McDonough Homes FIuman Services Coordinator at the monthly coordination meeting. 7. Comply with the McDonough Community Center Code (Attachment B) and Commitment to Diversity Statement (Attachment C). 8. Utilize the space assigned and designated ia Attachment A for the purposes, programs, and/or setvices as scheduled unless otherwise agreed, in writing, by the PHA. 9. Ensure the PHA has access in the moming hours to Kitchen 113 (E3eadstart) through door 113 a for Idtchen deliveries. 10. Not lease or sub-lease any area within the McDonough Community Center. 4 Contrxa xo. 97-OS2 McDoaou;h Commimity Cmter MNl-1,4,8A IL MAINT'ENANCE RESYONSIBILITIES A. The PHA, at ita sole coat and eipense, shaA: �� -a.\O 1. Subject to available funding through the U.S. Departmern of Housing and Urban Development, fumish all labor, maleriai and equipment necessary to: (a) maintain in good repair the exterior of the Community Center, the electrical and plumbing lines to the location of their outlet within the Community Center; and shall assure the maintenance of the underground sewer and water service connections for the Community Center; (b) make major repairs to the interior and rxterior of the Community Center. To the e�ctent posstsiUle, the City shall submit a written request to the PHA for anticipated major repairs at least six (6) mornhs in advance of when the physical work must be performed to allow for budget approvals and the awarding of conuacts for such work. (c) provide daily housekeeping for the Center p�cept for area assigned to the City's management under this Agreement. 2. Provide all necessary fuel and elecuic power for the proper heating and lighting and all water utility services for all areas of the Center not assigned to the City's management under this A.greement. 3. Maintain and make repairs to the HVAC equipment for all areas of the Center not assigned to the City's management undes this Agrcement. The PHA shall also maintain and make repairs to the variabie sir volume (VA� equipment located in and servicing the lobby 117, meeting room 118, corridor 121, and activity room 128. 4. Maintain and make repairs to the Community Center's main security system including audio alarms on all exit doors, activation and deactivation of the front door key pad, and the public address system. 5. Maintain and make repairs to the Community Center parldng lot, including sidewalks and lighting. 6. Maintain and make repairs to the ea�terior playground equipment. 7. Provide all necessary telephone and coaununication connections for all areas of the Center not assigned to the City's management under this Agreement. S. Provide all necessary meters and submeters for fuel, electric power and water, and &stribntion panels for telephone, comtnunications, and security connections to the areas assigned to the City's managemern under this Agreement. Contract No. 97-082 McDonou�h Commuoity Cmter MNl-1,4,8A a�- a l� 9. Purchase and install the interior PSayground equipmatt for the children's gymnasium. The PHA and City will negotiate and agree in writing as to the reasonableaess and responst'bility for payment of costs and expenses related to maintenance and repairs of said equipment. B. The City, at its sok cost xnd ezpense, shaIl: 1. Fumish all labor, materiais and equipmem necessary to malce all the ordinary repairs to and provide routine maintenance for the interior areas of the Ce�ater assigned to its management under this Agreement including, but not limited to, interior painting, repairs to light fixtures and receptacles, window panes, repairs to floor s�ufscing, walls, e�cterior and 'urterior doors, cabinets, hardware, unit heaters, the repairs and replacement of plumbing fixtures. 2. Have the right to attach fixWres and install equipment in or upon the areas assigned to it under this Agreement. Any fixtures or equipment installed shall remain the property of the City and may be _ removed by ths City, provided that the City sha(1, at its cost and expense, restore any surfaces that may have been damsged by the removal of said fixtures and equipment, and otherwise restore the areas to the condition thereof as the same existed at the time of maldng of such installation of structures, fixtures, and equipment. 3. (a) Provide or cause to be furnished ali nece.gsazy fuel and etec[cic power for the proper heating, cooling, and lighting services to and for the aress assigned to its management under this Agreement. The majority of the areas will be separately metered. (b) For the 1, 800 square feet of space assi� to the management of the City under this Agreement that is not separately metered for utility costs (see Attachment A- lobby 117, meeting room 118, corridor 121, activity room 128), the Ciry shall reimburse the PHA for the cost of providing urilities at an agrced upon per square foot energ,y cost rate. The PHA will invoice the City annuxlly based on achial enecgy consumption data. The payment from the City to the PHA is payable within twenty (20) days of receiving the invoice &om the PHA. 4. Pay the water utility costs for the areas assigneci to its macsagement under this Agreement. This Saint Paul Water Utility will separately meter and bill the City for these utility costs. 5. Maintain and make repairs to the package heating(cooling system located on the roof of the children's gymnasiutn. 6. Maintain and make repairs to the boiler and FIVAC unit located in the main gymnasium. 7. Provide all neceasary telephone and communication service for the areas assigned to the City's management under ttris Agreement. 8. Be responsible for any repairs for damages or coaections to the Community Center or grounds caused by the City or its prog,ram participants, �cept as they result from ordinary wear and tear. � Conh�act Na 97-062 McDonou�h Commanity Ceatcr MNl-1,4,SA °t� -a�o 9. Purchase, maintain, and make repairs to a trash dumpsier that must be located in the hash enclosure as identified in Attachment A for the disposai of trash from Parks and Recrearion programs. The City shall also, at its sole cost and expense, make airangemeMs for regular trash removal. 10. Provide daily housekeeping responstbilities in the space assigned to the City's manageiment under this Agreement consistent with the City's staadards for "Ne'sghborhood" level Recreation Centers. III. OTHER PROVLSIOPiS A. NON-DISCRIbIINATION T'he PHA and the City agree that in the administration of any ofthe City's programs under this Agreemsnt no person, on the grounds of race, color, religioq creed, national origin or ancestry, familial status, sex, status with regard to public assistance, maritai status, disability, age, sexual or affectional oriernation, politicai or other affiliation, shall be p�cluded &om participation in a program or be denied benefits of a program and agree to comply with all federai, state and local laws regarding discrimination, B. INSURANCE AND INDEMI�IIFICATION The City does hereby release, discharge, and agree to indemnify, protect, defend, and save harmless the PHA from liability for any cost, daznage, expease, deatt� injury, or other casualty, to any person whomsoever, or property whatsoever caused by or arising out of the City's use, occupancy, management, and maintenance of spaces assigned to it under this Agreement; provided that such indemnification shatl not be applicable where a decision ar judgment of a court of competent jurisdiction indicates that said casualty to person or property was the direct resuit of acts of corrunissioq omission, negligence or fauit of the PHA, their agents or employees. C. RIGHT OF ENTRY, IN5PECfIOPi A1�ID REPAIIt The PAA, through its suthorized employees or agerns, has the right to enter any City assigned Community Center spacc at any time, without advance notification, when there is reasonable cause to believe an emergency exists, or, during reguiar business hours and upon two (2) days' notice, for the purpose of inspection or repair of the space or any PHA-supplied equipment located in the space, or for such other reasonable purpose as may be deemed neces.4ary by the PIiA. D. DATA PRIVACY All data collected, created, received, maintained, or disseminated by the City or the PHA for any purposes in the caurse of the perfom�ance of this Agreement is governed by the lvTinnesota Govemment Data Practices Act, Mmn. Stat. 13A1 et seq., or any other applicable state staxutes, any state niles adopted to impiement the Act, as well as federal reguiations on data privacy. The parties agree to abide strictly by these statutes, niles, and regulations. 7 coatrad xo. 9�-062 McDonouYh Cou�mueity Ceater MNl-1,4,8A a�-a`� T'he PHA has designated, and the City also agrees to designste, a Responsible Authority pursuant to the M'innesota Csoverament Data Practices Act, Ivfinn. Stat. Chapta 13, who is the individual responsible for the collectio� use and dissemination of any sex of data on individuals, governmem data, or summary data pursuazrt to this Agreement The City shall notify the PHA of the name of its designated responsibie authority. E. DISPOSAL OF PERSONAL PROPERTY The PHA shall have the right, without notice to sell, deslroy, or otherwise dispose o� any personal properiy left in the Community Center after the City has vacated or abandoned the space assigned to it under tivs Agreement. The City will be responaible for any costs incanred by the PHA in the storage or disposat of such properiy. The PHA wilt assess charges in accordance with the PHA Schedule of Standard Service Charges. F. DISPUTES In the event of a dispute arising under this Agreement, either party shall notify the other promptly in writing of its conternions and subaut its claim. Irrespective of the eadstence of a dispute, the City shall proceed with the responsibilities assigned to it under this A.greement, unless the PHA has exercised its right under this Agreement to assume fiill management of the �mtire McDonough Community Center. G. CHANGES Changes to any of the temu of this Ag�eement may be made only by mutual agreement of the City and the PHA and incorporated in a written amendment signed by both parties. H. TERMINATION Tfris Agreement may be ternrinated by either the PE3A or the City upon 180 days written notice mailed by either party to the other. Ternrinarion of this Agree�nent will res�ilt in the assumption by the PHA of the management of the space assigned to the City under this Agreeanent and the termination of all recreational programming unless otherwise agreed to in writang betwe� the PI3A and the City. This Agreement will expire on December 31, 2017 and will automatically tenninste upon eapiration. L ENTIRE AGREEMENT This Agreement represents the entire Agreement between the PHA and the City and replaces and supersedes any and all prior written and orai agreements relating to the subject matter of this Agrcement. Contraet No. 97-082 McDonoaYh Commuoity Cmter MNl-1,4,8A 9�1 -a�o By the signawres betow, the PHA and the City have exxuted this Agre�ent effective as of the date first written above. PUBLIC HOUSING AGENCY OF THE CiTY OR SAITIT PAUL By: Its Chainnaa of the Board of Commissioners By. Its Executive Director By: Its Controller � iu B �C /r"'�VI � ./�`"� �� ,.� ��--- B �� B Its �f�ovc-�� s � /�-e.em �%,� �� -�.� /-�,5�.,�- G� � v5�97 CI�-�!o � � ; i c i c �t'�-��O � !., t it yl i McDONOUGH COMMUNITY CENTER CODE THE COMMUNITY CENTER PROVIDES SPACES FOR: 1) SERVICE5 AND PROGRAMS FOR RESIDENTS IN THE AREA 0 2) COMMUNITY MEETINGS AND ACTIVITIES You aze welcome at the Center to participate in programs, receive services, volunteer your time, and attend meetings. In return, we ask you to: • Respect all residents, PHA staff, service providers, and guests • Respect the property and fumishings at the Center • Enjoy the space in peace •Be Fair •Be Safe •Be Courteous PI��JUDIG� �� zoH� Commitment To Diversity The public housing community in the Ciry of Saint Paul is everchan�in� and diverse. We are � nulri-cultural community of individuais, and we are all unique and deseiving of respect. We are �f diverse racial, ethnic and national origins. Our views encompass a broad spectrum oi -eligious and polirical beliefs, and our sexual orientations differ. We believe that our communit� s enhanced and enriched through the diversity which each individual contributes. We are znique in that we strive to work and live to�ether and, in the process, we can learn from one �nother in an atmosphere of positive contact and mutual respect. �Ve are commitTed to fostering an environment within our community where a11 residents anc �taff, regardless of differences, can feel safe, secure, and supported. We are committed tc �ehavin� and expecting others to behave in ways which demonstrate our beliefs �bout the -espectful treatment of each member of our community. We believe that we �u individually anc ollectively responsible for our behavior and are fully accountable for our actions. Bi�otiy ha� 7o place within our community, nor does the right to degrade another human beinQ on the basi; �f a�e, physical ableness, national origin, sexual orientation, race, gender, or religiou� �ffiliation. We will not tolerate verbal or written abuse, threats, intimidation. violence, or othe� ��.`orms of harassment against any member of our communiry. Likewise, we will not �ccep� anorance, anger, alcohol, or substance abuse as an excuse, reason, or ratiotiale for sucY �ehavior. SI1 of us who live and work in this community are here by choice and are committed to these �rinciples which are an integral part of our purpose, values, and daily activities Adapted from the Colorado State and University of Minnesota Housing Diversiry Statement) PUBLIC HOUSING AGENGY C A � IU `P' D A I � � conaticc xo. s�-usz McDonoaYh commmity Cmtcr MNl-1,4,SA � ��-a�o USE, MANAGEMENT, and MAINT�NANCE of SPACE AGREEMENT COMMIJNITY CENTER The Public Housing Agency of the City of Saim Paul ("PHA'� and the City of Saint Paul Departmeat of Parks and Recreation acting by and through its Divi�on of Parks and Recreation <"cit�') encer inco this Agreemem ("Agreeme�') on this lst aay ofMarch, 1997. WFIEREAS, the purpose of the McDonough Comtnunity Center ("Community Center") is to provide appropriate space and faeilities for the PHA and various service providers to deliver programs and servilce.s that primarily serve the needs of the McDonough Homes reside.nts; and WHEREAS, the PHA and the City have partnered in providing space and facilities for recxeational programming for approximately thirty years for McDonough residents and non-public housing residents at the McDonough Comtnunity Center; and Wf�REAS, the PHA desires to ma�cimize the use of the McDonough Community Cerner space and facilities; and WI�REAS, the City desires to continue providing year-round adult and youth recreationat programming at the McDonough Recceation Center ("Recreation Cente�'), located in the McDonough Community Center, primarily for McDonough residents as well as for non-public housing residerrt.s, as it does in other azeas of the City; and VJHEREAS, the PHA has obtained 54275 million in fimding from the U. S. Department of Housing and LJrban Development ("IitJD") through its Public Housing Comprehensive Grant ($2.225 million), Youth Developme�nt Inidative (5955,000), and the Famity Im+e�ment Center Programs ($955,000) for tbs modeinization and expansion of the McDonough Communiry Ce,nter, located at 1544 T'unberlake Road, Saint Paul, MN, 55117, owned by the PHA, 480 Cedar Strcet, Suite 600, Sairn Paul, M13, 55101; and Wf�EREAS, the modeinization aad expansion project for the Community Center includes remodeling appro�rimately 30,000 sq�are feet of the earisting Center and building two additions totaling 20,000 square feet. The completed project will feature an improved main gymnasium, the addition of a children's gymnasium equipped with a new interior glaytot, and prpanded space for Community Center and City Recreation C� programs including offices, clinic, c�hildcare rooms, computer lab, classrooms, and community room. Other improv� inclnde a single centralized building entrance with elevator, sewrit3' gY�, �' �� Pl�� liShtin8 a� HVAC systems. Improvements will also be made to PHA offices and support areas and to tbe maintenance vetdcle garage. Site improvements include a new and expanded parlong lot, playground, and lighting. The entire Community Cerner will be upgraded to mcet all aurent Life Safety and Accessi'bility Codes; and com�c xa �-oaz McDonou� Com�noity Cmter MNl-1,4,8A q'1-a �o WHEREA5, the McDonough Community Ceater mode�ni�ation a� espan�on project provides a unique oPP��Y for the PHA and the City to co�imie to collaborate in the improvement and expan�on of adequate space and facilities for recreational programming for residents in the McDonough Homes community and in the neighborin8 ��Y, WFIEREEAS, the PHA has worked closely with the City in the desagn of the modernization and expansion ofthe McDonough Community Ce�s, including the Re�eation Center, and the City has indicated its desire to have an air conditioning system installed in the Recreation Center and to have additional external lighting installed in the parldng lot and �dewaiks adjoining the Recreation Center. The complete Scope of Work for the modernization and expansion project is detailed in the Plans and Specifications developed for Contract No. 97028-C1, dated 7uly 20, 1996, and Addendum #1, dated August 8, 1996 by McMonigal Architects, w}uch Plans and Specifications include provision for the installation of a new sir conditioning system and external lighting as noted herein; and WI�REAS, the fundiag obtained by the PHA does not i�lude funds for either the installa6on of an air conditioning systean in the Recxeation Ccnter nor the'snstailation of external lighting for the parking lot and sidewallrs adjoining the Recreation Ceater portion of the Community Center, and WI�REAS, the City has obtained $140,000 in funding &om FItJD through its Community Developma►t Block Grant Progam and has agreed to cora�ibute t}ris amount toward the purchase and installstion of tt� sir conditioning system in the Recreation C� a�i the external lighting of the parldng lot and sidewelks, as noted above, and has agreed to make payme�nt ofthe $140,000 to the PFIA within thirty (30) days after tlre execution of this Agr�t; and rVHEREAS, the PHA has entered into Contract No. 97028-C 1 with Frerichs Construction Company, dated August 28, 1996, which contract complies with all federai contract requirements, including all applicable requirements of Federai laws and regulations regarding labor standards. NOW, THEREFORE, the PHA and the City agree to the following terms and conditions: L SCOPE OF RE5YONSIBIIIT7ES A, GenerA! 1. The PHA's Programs Services Manager will be the PHA's primazy contact with the Ciry for purposes of implennenting tlus Agrcement. For day-to-daq on-�te program operations, the PHA's primary contact with the Ciry will be the McDonough Housing Manager, the McDonough Human 5ervices Coordinator, or a designee. 2. The City's Manager of Recreation Sesvices will be the City's primary contact with the PHA for Purpos� of implementing this Agr�t. For day-to-day on-site progcam op�ations, the City's primary contact with the PHA will be the Recrearion C� Director assigned primarily to McDonough Recreation Center. 2 Co�rut Na 97-OBZ M�� co��ey c� MNl-1,4,8A B. The PHA: al�l -� �.o 1. Shall manage all areas of t� McDonough Com�nity Ceater �cept those areas assigned to the City as designated in Attachment A to this Agrcem�t. 2. Considers the City the primary usa and manager of the space assig�ed to it in Attachmem A. 3. Reserves tlu riSht, �pon t1urtY (30) daya writtea �tice to the CitY, to temPo�Y �Pend the terms of this Agreemern a� ass�me fiill managemeat of the entire McDonougln Commuaity Center, including the space assigned to the City in Attachment A when it determines just cause for doing so. 4. Shall, at the PHA's sole eost aad �pense, purchsae and instait the imerior playground equipment for the cluldren's gSmnnas�nm. 5. Shall, upon request by the City, provide the City with documentation verifying that the funds contn'buted by the City were expended purs�ant to this Agreeme�rt. 6. Shall work cooperatively with the City in scheduling PHA use of the spaces assigned to the City's managemeat under this Agreement, including the cLildren's gymnasium. �. TLe City shall: 1. Manage the areas in the McDonough Community Center assigned to it as designated in Attachmem A 2. (a) Use the space assigned to it undez this Agr�t primarity for recreationai programming. The City will make the areas it manages pursuant to the Agreement available to the PHA and other secvice providers under conuact with the PHA during times when there is no scheduted City recreational programming in those areas. There shall be no cost to the PHA for its use of suy area in the Community Center managed by the City. The City may chsrge fees to other users based upon its Facility Use Charges. (b) The City shall maintain a schedule, including the dates and times, of all users of the areas it manages under this Agreemeot. {c) As provided in Attachmec►t A, among the areas asaigned to the City for management is the children's gymna�um. The City shall maintain the prog�am schedule for the children's gymnasium. During times when th�e is no schedaled City recxeationat programming, the City shall make the children's gymnasium available at no cost to the PHA and to othex service providers which have a contract with the PHA or are otheiwise approved in vvriW�g by the PFIA. The City shall work cooperatively with PHA's McDonough Human Services Coordinator in sched�ling use of the ch�7dren's BY��um. Contnct No. 97-082 McDonou�h Commmity Ceater MNl-1,4,SA �l� - a�° 3. (a) Provide year-round adult and youth recreationai programming, inciuding a fiill-time on-site Recreation Ceater Dirxtor assig�ed primarily w the McDonough Recreation Ce�nter and other appropriate staff The progranw�ing shall be at least equival�t to and consiste� with the programming provided at other City Recreation Centers as determined by the City and shall specifically meet the nceds of the McDonough com�nity. The City w7t provide a written notice to the PHA of any staff Director changes at the McDonough Community Center as soon as the City is aware of the changes or at least ten (10) days prior the effective date of the staff change. The City will otherwise work cooperatively with the PHA regarding the planning and implem�tation of the City programs. (b) Be responsa'ble for comrolling the behavior of its program and services participams and vi�tors to the Recreation Center duiing the Recreation Ceater's hours of opexatioa This provision does not apply when another group has been approved to use space assigned to the City's management under this Agreement. (c) Provide on-site aduk staff in the Recreation Ce,nter and in a�ry otber azea assigned to the City for which it has maoagemern responsibilities under tlris Agreemeat, during all hours the City's Recreation Center or other City-managed area is open, unless the PHA or another PHA approved service provider is administeriug a program and is specifically providing adult staff and has notified the City in writing of that fact including program content, schedule, and assigned staff. (d) Ensure at least one adult staff person or designated activity leades is located in each room or space under its management that is op� to or in use by youth. 4. Supply all equipment, furnishings, supplies, or other materials nceded for the operation of its recreational programs and services. 5. Attend monthly coordination meetings with PHA Management staff. 6. Establish and maintain a montlily statistical summary of the number of persons being seived by the City's recreational programs in the Recreation Center, including an approadmate percentage breakdown of residents and non-residents ofMcDonough Homes, a� pres�t this summary to the PHA McDonough Homes Human Seavices Coordinator at the monthly coordination m�ting. 7. Comply with the McDonough Community Center Code (Attachment B) and Commitmem to Diversity Statement (Attachment C). 8. Utilize the space assigned and designated in Attachment A fot the purposes, programs, and/or services as scheduted unless otherwise agreed, in wtiting, by the PHA. 9. Ensure the PHA has access in the moming hours to Kitcl�en 113 (Headstart) through door 113a for kitchen deliveries. 10. Not lease or sub-lease any area within the McDonough Community Center. 4 Co�ract Na 97-OBZ McDononYh Commanity Cmter MNl-1,4,8A 1 1 �1 � � A. The PRA, at ib sole coat auad e�eaae, aha9: �n-a�o 1. Subject to available fiiad'eng throug6 the U.S. Department of Housing and Urban Developmem, fiunish all isbor, mateciat arai equipment neces.�uy to: (a) maintain ia good repair the �tesior of the Community Center; the etectricat and plumbiag liae.a to the location of the3r outlet within the Community C�; snd shall assure the mairnenance of tbe underground sewes and water sen+ice connections for the Community Ce�nter, (b) make major repairs to the interior and exterior of the Community Centea. To the e�ctent poss►'ble, the City shalt submit a written request to the PHA for amiapated major repairs at leask six (fi} mouths in advance of when the priysical wark �st be pesformed to allow for budget approvals and the awarding of contracts for �ch work. (c) provide daily housekceping far the Center �cept for area assigned to the City's managem�t uuder ttris Agreernem. 2. Provide alt necessary fuel and electric power for the proper heating and lig6ting and all water utility services for all azeas of the Center not asaigned to the City's management under this Agrcemart. 3. Maintsin and malce repairs to the HVAC equipmea�t for all areas of the C�ter not assigned to the Gity's management under this Agr�nent. The PHA shsll also maintain and make repairs to the variable air volume (VA� equipmart located in and servicing the lobby 117, meeting room 118, corridor 121, and activity room 128. 4. Maintain and mske repairs to the Commnnity Center's main securiry systean including audio alaims on all adt doors, activation and deactivation of the &oat door key pad, aad the public address system. 5. Maintain aad malce repaira ta the Com�aity Ce� parking lot, inciuding sidewaiks and lighting. 6, Maintain and make repairs to the acterior playground equipmea►t. �. Provide all necessary telepfione and comtm�nicatioa connec6ons for all areas of the Cemer not assigned to the City's management under this Agr�t. 8. Provide all necessary meters and s�bm�ecs for fuet, electric pow� and water, and distn`bu6on panels for telephone, communications, aad sewrity connections to the amas ass►gned to the City's managemeat under this Agree�nettt. 5 Cw�aa xo. v�-osz McDonou;h Commmity Ca�ba� MN!-1,4,8A q�-�.�o 9. P�rchase sad 'mstail the intaior P�YB� �P�t fvc the c�dron's gymnasium. The PHA and City will negotiate and agoee in writiag as to the reasonebleaess and responsfb�ity for paymenk of costs and expenses related to maintenance and repairs of said equipment. B. TLe Citp, at its sok cost and czpeaat, sLall: 1. Furnish all labor, materials aad equipment rn�sacy to make all the ordinary repairs to and provide routine maintenance for the iateaior areas of the Center as�gned to its managemern under this Agreement including, but nat limited to, i�erior painting, repairs w light fucwres and receptacles, window panes, repairs to 9oor s�rfacing, walls, exterior and 'mtedior doors, cabinets, hardware, unit heaters, the repairs a� r�lac�nt of plu�ing fixWre.s. 2. Have ths right to attach fixtures and install equipm�t ia or upon the areas assigned to it uader this Agreement. Aay fixtures or equipmeat installed shall remain the property of the City and may be removed by the City Provided that the City sUsli, at its cost snd expense, restore any suxfaces that may have been damaged by the removal of said fixtures and equipment, and otherwise restore the areas to the condition thereof as the same existed at the time af making of such installation of stivatures, fi�ctures, and equipment. 3. (a) Provide or canse to be furnished all necessaiy fuel and �ic power for the proper heating, cooling, and lighting seivicea to and for tbe aress assigned to its maaagemem under this Agreement. The majority of the areas will be separately metered. (b} For the 1,800 square feet of space assigned to the manage+nent of the City under tlus Agreement that is not separatety metered for utility costs (see Attachmeat A- lobby 117, meeting room 118, corridor 121, activity room 128), the City shsli reimburse the PHA for the cost of providing uh7ities at an agreed upon pra square foot ea�gy cost rate. The PHA will invoice the City annually based on actuat energy consumption data, The payment from the City to the PHA is payable within twenty (20) days of receiving the iuvoice from the PHA. 4. Pay the watea utility costs for the anas asaigned to ita manag�nent under thi� Agreement. This Saiat Pau! Water Utility will separatety meter and bill the City for these utility costs. 5. Maintain and matce repairs to the package heating/cooling system located on the raof of the children's gymoasium. 6. Maintain aud make repairs to the boiles aad HVAC unit located 'u► the main gymnasium. 7. Provide all neceasacy tetephone a� communication secvice for the azeas assigned to the City's manageaneni under this Agreement. 8. Be responseble for azry repairs for damages or corredions to tbe Community C�ter or grounds caused by the City or its program pazticipants, eaccept as they res�lt from ordinary wear and tear. Gj Co�d�t No. 97-082 McDonoaph Commw�ity Ceater MNi-1,4,8A °t� -a�o 9. Parchase, maintain, and make repairs w a trash dumpater that must be located in the trash �closure as identified ia Attachmeat A for the disposal af trash from Parks aad R�on programs. The City shall also, at its soie cost aad expea�se, make arrangements for regu]ar traslt removai. 10. Provide dailY ��P�8 re�On�bilities in the space assigned to the City's managem�t under this Agre�ent wnsiste.at rovith the City's staadards for `2deighborhood" level Recreation Cerners. III. OTHER PROVISIONS A. NON DISCRIbIINATION The PHA and the Gity agree that in the admimstration of azry of the City's programs under this Agreement no pe�rson, on the grou�ls of race, color, religion, creed, national origitt or ancestry, familial stams, sex, staws with regard to public assistance, a�arital status, disab�7'�tq, 88�, sexuai or affectionat orieatation, politicai or othes affiliatioa, shall be eacctuded from pazticipation in a program or be denied benefits of a program and agree to comply with all federal, state and Iocal laws regarding di�!±±;*±Ahon, B. INSURANCE AND INDEMNIFICATION The Gity does hedeby release, discharge, and agree to indemnify, protect, defend, and save harmtess the PHA from fiab�ity for anY cost, dama$e, eXPense. death, inlwY or other casualty, to a�ry person whom�ever, or propeaty whataoevea caused by or arising out of the City's use, occupancy, management, and maintenance of spaces assigned to it undes this Agreement; provided that such indemnification shall not be appficable where a decisio» or judgment of a court of competent jurisdiction indicates that said casuaity to person or propeity was the direct result of acts of conamission, omissian, negtigence or fault of the PHA, their ag�nts or eanployees. C. RIGHT OF ENTRY, INSPECTION AND REPAIR The PHA, through its authorized �nployees or ageirts, has the right to em� aay City assigned Comarunity Ce�nted space at any iime, without advance notification, when there is reasonabls cause to believe an emergaicy eatists, or, during regular business 2iours and upon rivo (2) days' nodce, for the pw�wse of inspection or repair of the space or any PHA-supplied equipment located in the space, or for s�ch other reasonable purpose as mxy be deeme� necessary by the PHA. D. DATA PRiVACY All data collected, created, receaved, maintainc�d, or disseminated by t6e City or the PHA for any purposes in the course of the performance of this Agreemem is govaned by the Mmnesota Go�rernm� Data Practices Act, It�nn. Stat. 13.01 et seq., ar any other applicable state statutes, any state rules adopted to implement the Act, as well as federal reg�iations on data privacy. The parties agree to alri� strictly by these statutes, rules, and regulations. co,�c xa s�.osa McDosoa� Co�smaity Ceatcr MNI-1,4,8A °1�-�.�d The PHA Las desigoated, aad tbe C"rty aiso agrees to designatc, a Responsa'ble Authority � to the M'maesota Govensmeat Data Practices A�t, Mixm. Stat. Chapia 13, who is the individual responsible for the collection, use and dia�eminatian of aay s� of clata oa i�lividuais, govenuneat data, or summary data pursuaat to t6is Agreanmk The City sl�al! notify the PHA of the Bame of its desigaated responsi�ble suthority. E. DISPOSAL OF PERSONAL PROPERTY The PHA ahall have the right, without notice w sell, destroy, or atherwise dispose o� any pecsonal property left in the Community Cerner aftea tlre City has vacated or abandoaed the space assigned to it under this Agree+n�t. The City will be respons�bic for atry costs incuned by the PHA in the storage or disposal of such property. The PHA wil! assess cl�arges in accordance with the PHA Schedule of Standzrd Seivice Charges. F. DISPUTES In the event of a dispute arisiag under this Agreemellt, eather party shalt notify the other promptly in writing of its couteations and submit its claim. Imspective of the existence of a dispute, the City shall procxed with the respomwb�i6es assigned w it undex this Ag�ent, unless the PHA has exercised its right under this Ageement to assume full management of the e�tire McDonough Community Center. G CHANGES Changes to azry of the terms of this Agreemem may be made onty by mutuat agreement of the City and the PHA and incorporated "m a writtett amendment signed by both parties. �; �1 Y �i :7TI li �/ Y I�3�7 This Agreement may be terminated by either the PAA or t.i� City upon 180 days written ttotice mailed by either party to the othec Termination of tbis Agre�t will result ia the assumption by the PHA of the manageqnent of the space asaig�ed W the City under tliis A�t and the termination of all recreational prograimming unless atherwise agrsd to in v�mting betwee.n tbe PHA and tbe City. Tlus Agreement will azp'ue on December 31, 2017 and wil! suWmaricslly tenninate upon expiration. I, F.NTIRF. AGREE,MENT Tlus Agreement repres�ta the entire Agr�nent between the PHA and the City and replace.a and supersedes azry anc! all prior written snd orat agr�rts relating to t6e snbject matter of this Agreement. Contract Na 97-OBZ McDonot�k Co�ity Cmter MNl-1,4,i�A �� -a �o By the �gnaiurss bebw, the PHA aud the City I�ave ac� t�s A�t c�ivc as ofti� date first v�rittm above. PUBLIC HOIISIl+TG AGENCY OF T� CITY UF SAII�iT PAUL B Its Chairman oftheBoard ofCommissioners B Its Exetudve Diredor By: rr� c4Fmou� THE PY"�F A�lNT PA �t� By: {;��-�!� �-..�-�---�( Its sy: °�-�- , �. --- Its �..� � B Its By: its �Pl�(1UE� � j0 3E'm �f/`C.y' ' � �) '2-i •"i^P�-' �/�� G . � �:�/,0}�2` �i � �'�v �/ vs�� 0 _�^ _�� - I r ____,� { L � � �Il�t f -- (I��f��jjl� �, � , � .� .�� I - _�■ .'��i _ if +�� = U � � �f�.��-�� A �y °t�-a�o � v • o U U « M a 3 . - � � c o ° ti d a > � � O..� 0 0 � � g � � ` . t�y .� � • � �"'4 . p � � -� ' ��. '� .�� \\ � � �� '� �,� :�� .�� . ��. ;�►. �. � �� -� �� . . .< <,,, �, , McDONOUGH COMIVJ[1;1NITY CENTER CUDE THE COMM[JNITY CENTER PRUYIDES SPACES FOR 1) SERVICES AND PROGRAMS FOR RESIDENTS IN THE AREA If,`!!7 2} COMM[INITY MEETINGS .AND ACTIVITIES You are welcome at the Center to participate in programs, receive services, valunteer your time, and attend meetings. Tn rehun, we ask yau to: ' Respect all residents, PHA staff, service providers, and guests • Respe�ct the property and fiirnishings at the Center • Enjay the space ia peace •Be Fair •Be Safe �Be Courteous S u11r� S-�.�-�.-�� - 31 S 5 q�t RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Council File # 1 1 d,0 Green Sheet # �3�� Referred to Committee: Date 1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO 2 ENTER INTO AN AGREEMENT WITH THE PUBLIC HOUSING AGENCY OF SAINT 3 PAUL THAT AUTHORIZES THE CITY TO MANAGE THE RECREATION SPACE AT 4 THE MCDONOUGH COMMUNITY CENTER. 5 � WITNESSETH: WHEREAS, the Public Housing Agency(PHA) of Saint Paul is the owner and manager of the McDOnough Community Center(Center), located at 1544 Timberlake Road, Saint Paul, Minnesota 55117; and 9 WHEREAS, the PHA wishes to provide appropriate space and 10 facilities at the Center for the delivery of programs and 11 services that primarily serve the needs of the McDonough 12 community; and 13 14 WHEREAS, the PHA has obtained $4.275 million in funding from 15 the U.S. Department of Housing and Urban Development to make 16 improvements to the Center, including the recreation space; and 17 WHEREAS, the City has budgeted $140,000 through its 18 Community Development Block Grant Program to contribute to the 19 construction project; and 20 21 22 23 24 25 26 27 28 29 WHEREAS, the PHA and the City's Division o£ Parks and Recreation(City) have partnered in providing space and facilities for approximately 30 years; and WHEREAS, Che PHA wishes to maximize the use of the Center space and facilities; and WHEREAS, the City desires and has the capacity to provide year-round recreational services at the Center; and WHEREAS, the City has the capacity to manage the recreational space at the Center; and 30 WHEREAS, the PHA has requested that the City manage the C1r� _��p 31 recreational space at the Center. � 32 NOW, THEREFORE BE IT RESOLVED, that the Council of the City 33 of Saint Paul direct the Saint Paul Division of Parks and 34 Recreation to enter into an agreement with the Public Housing 35 Agency of Saint Paul that authorizes the City to manage the 36 recreation space at the McDonough Community Center; and 37 BE IT FURTHER RESOLVED, that the Council of the City of 38 Saint Paul authorizes payment to the PHA of the $140,000 City 39 contribution upon execution of said agreement. Yeas Nays Absent Blakey ✓ Bostrom � Harris Mauer �/ Megard � Rettman ✓ Thune � � � Requested by: � Adopted by Council: Date ��9� Adoption Certified by Council Secretary BY \�� _ C d- _ 1 � Approved by Mayor: Date: .fl��/ � BY: � �� Division o arks and Recreation ay: Form Approved by City By: Approved �y Mayor for Submission to Council � � BY = f //` �9 S I Q'7 -a�� oEPp�ks & Re�reatlon Zi13�9, . GREEN SHEE N_ 3fi 123 CANTACTPERSON&PHONE QDEPARTMENTDIRECTOP �CT'COUNCIL INRIAL/DATE Vince Gillespie 266-6408 ^��x � CITYATTOPNEY � CRYCLEFK MUST BE ON COUNCIL AGENDA BY (DATE) pU a BUOGET �IPECTOR � FIN. & MGT. SEAVICES DIR. ORDER �MAYOR(ORASSISTANn �_parkc_ TOTAL # OF SIGNATUqE PAGES 4 � (CLIP ALL LOCATIONS FOR SIGNATURE) ACtION NEOUESTEO: Approve resolution directing the Divi'sion of Parks and Recreation to enter into an agreement with the PHA of Saint Paul authorizing the City to mana e the recreation s ace at the McDonou h Communit Centex. RECOMMENDATIONS: Approva (A) or Reject (p) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING CAMMISSION __ CIVIL SERVICE COMMISS�ON �� Has this personlFirm ever worked under a conbac[ for tliis departmeM? - _ qB COMMITTEE _ YES NO ' A � — 2. Has this person/firm ever 6een a ciryr empfoyea? — YES NO _ o1STa1C7 COURT — 3. Does this perSOnJEirm possess a skill rrot irormaNy possessed by arey current ciry employee? SUPPORTS WHICH COUNpL OBJECTIVE? _ YES NO Explain all yes a�awers on separote sheet and ettnch to green sheet INITIATING P80BLEM, ISSUE, OPPfJRNNITY (Who, Whet, Whan, Where, Why): � The previous agreement authorizing the Division of Parks and Recreation to manage the recreation space at the McDonough Community Center has expired. Additionally the facility is being improved. A new management agreement should be approved. ADVANTAGES IFAPPROVED: ' The City will continue management of the recreation space at the McDonough Community Center. DISADVANTAGESIFAPPFOVED: � Coanci4 Res�arch Center �� None �� `� � n �� FEB 20 1991 p FE� iE 1997 I�kYO�'8 LlffiCE L�� R�T� 6� � DISAWANTAGES IFNOTAPPROVED: The City will no longer provide recreation services at the McDonough Community Center. TOTAL AMOUNT OFTRANSACTION S 14� , 000 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdGSOURCE Capital Improvement Blldget ACTIVI7YNUMBER C94-3F009-0898-34076 FINANCIAL INFORMATION: (EXPLAIN) CDBG Funds , 0 �� °' � `: � F's � council File # 9 � _ �.�0 � � � � � � � � � � Green Sheet # �� RESOLUTION F SAINT PAUL, MINNESOTA Presented By Referred to Committee: a3 1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND R�'CREATION TO 2 ENTER INTO AN AGREEMENT WITH THE PUBLIC HOUSING AUT�PORITY OF 3 SAINT PAUL THAT AUTHORIZES THE CITY TO MANAGE THjT2ECREATION 4 SPACE AT THE MCDONOUGH COMMUNITY CENTER. G'1 � WITNESSETH: WHEREAS, the Public Housing Authorit/y(PHA) of Saint Paul is the owner and manager of the McDonough,Community Center(Center), located at 1544 Timberlake Road, Saint% Paul, Minnesota 55117; and 9 WHEREAS, the PHA wishes to pro'vide appropriate space and 10 facilities at the Center for the elivery of programs and 11 services that primarily serve t needs of the McDonough 12 community; and 13 14 WHEREAS, the PHA has o ained $4.275 million in funding from 15 the U.S. Department of Hou ing and Urban Development to make 16 improvements to the Cente , including the recreation space; and 17 WHEREAS, the City as budgeted 5140,000 through its 18 Community Development lock Grant Program to contribute to the 19 construction project, and 20 WHEREAS, the PHA and the City's Division of Parks and 21 Recreation(City) have partnered in providing space and facilities 22 for approximat ly 30 years; and 23 24 25 26 27 28 29 space year , the PHA wishes to maximize the use of the Center cilities; and S, the City desires and has the capacity to provide recreational services at the Center; and I WHEREAS, the City has the capacity to manage the recreational space at the Center; and 30 WHEREAS, the PHA has requested that the City manage the �� 31 recreational space at the Center. 32 NOW, THEREFORE BE IT RESOLVED, that the Council of the City 33 of Saint Paul direct the Saint Paul Division o£ Park and 34 Recreation to enter into an agreement with the Publ c Housing 35 Authority of Saint Paul that authorizes the City manage the 36 recreation space at the McDOnough Community Cent ; and 37 BE IT FURTHER RESOLVED, that the Council f the City of 38 Saint Paul authorizes payment to the PHA of e$140,00o City 39 contribution upon execution of said agreeme . Blakey Sostrom Harris Mauer_ Megard_ Rettman Thune Adopted by Yeas Absent Requested by: il: Date Adoption Cer£ified by Council Secretary Sy Approved by Mayor: Date: By: � . . . . - . , l�'� �:. �� Form Approved by City Attorney By: (/ v�w�.-JS �� / Approved by Mayor for Submission to Counci� �/ By: /� Y --r J Cootract No. 97-082 McDonoup,h Community Center MNl-1,4,8A �.�1=�.�o USE, MANAGEMENT, xnd MAINT�NANCE of SPACE AGREEMENT MCDONOUGH C011�TY CENTER The Public Aousing Agency of the City of Sairn Paul ("PHA") and the City of Saint Paul Department of Pazks and Recreation acting by and through its Division of Parks and Recreation ("Cit�') enter into this Agreement ("AgreemenY') on this 1 st day of March, 1997. WFIEREAS, the purpose of the McDonough Community Center ("Community Center") is to provide appropriate space and facilities for the PHA and various service providers to deliver programs and services that primarily serve the needs of the McDonough Homes residents; and WHEREAS, the PHA and the City have partnered in providing space and facilities for recreational programming for approximately thirty years for McDonough residents and non-public housing residents at the McDonough Community Center, and WEiEREAS, the PE3A desires to maximize the use of the McDonough Community Center space and facilities; and Wf�REAS, the City desires to continue providing year-round adult and youth recreational progamming at the McDonough Recreation Center ("Recreation Centei"), located in the McDonough Community Center, primarily for McDonough residents as well as for non public housing residents, as it does in other areas of the City; and WE�REAS, the PHA has obtained 54.275 million in funding &om the U. S. Department of Housing and Urban Development ("FITJD") through its Public Housing Comprehensive Grant ($2.225 million), Youth Development Initiarive (5955,000), and the Family Investment Center Programs ($955,000) for the modemization and expansion ofthe McDonough Community Center, located at 1544 Timberlake Road, Saint Paul, MN, 55117, owned by the PHA, 480 Cedar Street, Suite 600, Saint Paul, MN, 55101; and WI�REAS, the modernization and expansion project for the Community Center includes remodeling approximately 30,000 square feet of the existing Center and building two additions totaling 20,000 square feet. The completed project will feature an improved main gymnasium, the addition of a children's gymnasium equipped wifh a new interior playlot, and expanded space for Community Center and City Recreation Center programs inciuding offices, clinic, childcare rooms, computer lab, classrooms, and community room. Other improvements inc3ude a single centralized buiiding entrance with elevator, secutity system, new roo� piumbing, lighting and fiVAC systems. Improvements will also be made to PHA offices and support areas and to the maintenance vehicle garage. Site improvements include a new and expanded parlang lot, playground, and lighting. The entire Community Center will be upgraded to meet all aurern Life Safety and Accessibiliry Codes; and Coatrad No. 97-062 McDonouQh Commuoity Center MNl-1,4,8A �(rj -1\O Wf�REAS, the McDonough Commvnity Center modemization and expansion project provides a unique opportunity for the PHA and the City to continue to collaborate in the improvement and expansion of adequate space and facilities for recreational programming for residents in the McDonough Homes community and in the neighboring community; WI�REAS, the PHA has worked ciosely with the City in the design of the modernization and expansion of the McDonough Community Center, including the Recreation Center, and the City has indicated its desire to have an air conditioning system installed in the Recreation Center and to have additional extemai lighting installed in the parking lot and sidewalks adjoining the Recreation Center. The comglete Scoge of Work for the modernization and expansion project is detailed in the Plans and Specifications developed for Contract No. 9�028-C1, dated July 20, 1996, and Addendum #1, dated August 8, 1996 by McMonigal Architects, which Plans and SpeciScations include provision for the installation of a new sir conditioning system and external lighting as noted herein; and WF�REAS, the funding obtained by the PHA does not include funds for either the installation of an air conditioning system in the Recreation Center nor the installation of external lighting for the parking lot and sidewaiks adjoining the Recreation Center portion of the Community Center, and WF�REAS, the City has obtained $140,000 in funding from HIID through its Community Development Block Grant Program and has agrced to contribute ttus amount toward the purcbase and installation of the air conditioning system in the Recrearion Center and the external lighting of the paridng lot and sidewalks, as noted above, and has agread to malce payment of the $140,000 to the PHA within thirty (30) days after the exewtion of this Agreement; and WHEREAS, the PHA has entered into Contract No. 97028-C 1 with Frerichs Consriuetion Company, dated August 28, 1496, which contract complies with all federal contract requirements, including all applicable requireme�ts of Federal laws and regutations regarding labor standards. NOW, T7�REFORE, the PHA and the City agree to the following tenns and conditions: L SCOPE O�' RESPONSIBILITIES A. General 1. The PHA's Programs Services Manager will be the PHA's primnry contact with the Ciry for purposes of implementing this Agreement. For day-to-day on-site program operations, the PHA's primary contact with the City will be the McDonough FIousing Manager, the McDonough Human Seivices Coordinator, or a designee. 2. The City's Menager ofRecreation Services will be the City's priznary contact with the PHA for purposes of anplementing this A.grcement. For day-to-day on-site program operations, the City's primary contact with the PHA will be the Recreation Center Director assigned primarily to McDonough Recreation Centet. 2 Contract Na 97-082 McDonouYh Comm�mity Center MNI-1,4,SA B. The PHA: �� -a�o 1. Sball tnanage all areas of the McDonough Community Center except those areas assigned to the Cig as designated in Attachment A to ttris Agrcement. 2. Considers the City the primary user and manager of the space assigned to it in Attachment A. 3. Reserves tfie right, upon thirty (30) days written notice to the City, to temporarily suspend the teims of this Agrcemem and assume full managem�t of the ernire McDonough Couununity Center, including the space assigned to the City in Attachment A when it determines just cause for doing so. 4. Shall, at the PHA's sole co� and expense, purchase and install the interior playground equipmern for the children's gymnasium. 5. Shall, upon request by the City, provide the City with documentation verifying that the funds contributed by the City were expended pursuant to ttris Agreemeat. 6. Shall work cooperatively with the City in scheduling PHA use of the spaces assigned to the City's managemem under this Agreement, including the children's gymnasium. B. The City shxll: 1. Manage the areas in the McDonough Community Center assigned to it as designated in Attachment A 2. (a) Use the space assigned to it under this Ageeme,nt griruazily for recreational programming. The City will make the areas it manages pursuant to the Agrcement avaitable to the PHA and other service providers under contract with the PHA during times when there is no scheduled City recreational programrning in those areas. There shall be no cost to the PHA for its use of any area in the Comcuunity Center managed by the City. The City may charge fces to other users based upon its Facility i3se Charges. (b) The City shall maintain a schedule, including the daies and times, of all users of the areas it manages under this Agreement. (c) As provided in Attachment A, among the areas assigned to the City for management is the children's gymnasium. The City shall maintain the program schedule for the children's gymnasium. During times when there is no scheduled City recsearional pmgramming, the City shall make the children's gymnasium availabie at no cost to the PHA aad to other savice providers which have a contract with the PFIA or are otherwise approved in writing by the PHA. The City shall work cooperatively with PHA's McDonough Human Services Coordinator in scheduling use of the children's gymnasium. Contnct No. 97-082 McDonoup6 Commnnity Ceater MNl-1,4,8A a�t- a�o 3. (a) Provide year-round adult and youth recreational programming, including a fiill-time on-site Recreation Center Director assigned primarily to the McDonough Recreation Center and other appropriate staff The programming shall be at least equivalent to and consistent with the progranuning provided at other City Recreation Centers as detennined by the City and shall specifically meet the needs of the McDonough community. The City will provide a written notice to the PHA of any staff Director changes at the McDonough Co+++m„n;ty Center as soon as the City is aware of the changes or at least ten (10) days prior the effecrive date of the staff change. The City will otherwise work cooperatively with the PHA regarding the planning and implementation of the City programs. (b) Be responsible for controlling the behavior of its program and services participants and visitors to the Recreation Center during the Recreation Center's hours of operation. Tlris provision does not apply when another group has been approved to use space assigned to the City's management under this Agreement. (c) Provide on-site aduit staff in the Recreation Center and in any other area assigned to the City for which it has management responsibilities under this Agreement, during all hours the City's Recreation Center or other City-managed area is open, unless the PHA or another PHA-approved service provider is administering a program and is specifically providing adult staff and has notified the City in writing of that fact including program content, schedule, and assigned staff. (d) Ensure at least one adult staff person or designated activity leader is located in each room or space under its management that is open to or in use by youth. 4. 5upply all equipment, furnishings, supplies, or other materials needed for the operation of its recreational programs and services. 5. Attend monthly coordination meetings with PHA Management staff. 6. Establish and maintain a monthly statisticai summary of the number of persons being served by the City's recreational programs in the Recreation Center, including an appro�rimate percentage breakdown of residents and non-residents of McDonough Homes, and present this summary to the PHA McDonough Homes FIuman Services Coordinator at the monthly coordination meeting. 7. Comply with the McDonough Community Center Code (Attachment B) and Commitment to Diversity Statement (Attachment C). 8. Utilize the space assigned and designated ia Attachment A for the purposes, programs, and/or setvices as scheduled unless otherwise agreed, in writing, by the PHA. 9. Ensure the PHA has access in the moming hours to Kitchen 113 (E3eadstart) through door 113 a for Idtchen deliveries. 10. Not lease or sub-lease any area within the McDonough Community Center. 4 Contrxa xo. 97-OS2 McDoaou;h Commimity Cmter MNl-1,4,8A IL MAINT'ENANCE RESYONSIBILITIES A. The PHA, at ita sole coat and eipense, shaA: �� -a.\O 1. Subject to available funding through the U.S. Departmern of Housing and Urban Development, fumish all labor, maleriai and equipment necessary to: (a) maintain in good repair the exterior of the Community Center, the electrical and plumbing lines to the location of their outlet within the Community Center; and shall assure the maintenance of the underground sewer and water service connections for the Community Center; (b) make major repairs to the interior and rxterior of the Community Center. To the e�ctent posstsiUle, the City shall submit a written request to the PHA for anticipated major repairs at least six (6) mornhs in advance of when the physical work must be performed to allow for budget approvals and the awarding of conuacts for such work. (c) provide daily housekeeping for the Center p�cept for area assigned to the City's management under this Agreement. 2. Provide all necessary fuel and elecuic power for the proper heating and lighting and all water utility services for all areas of the Center not assigned to the City's management under this A.greement. 3. Maintain and make repairs to the HVAC equipment for all areas of the Center not assigned to the City's management undes this Agrcement. The PHA shall also maintain and make repairs to the variabie sir volume (VA� equipment located in and servicing the lobby 117, meeting room 118, corridor 121, and activity room 128. 4. Maintain and make repairs to the Community Center's main security system including audio alarms on all exit doors, activation and deactivation of the front door key pad, and the public address system. 5. Maintain and make repairs to the Community Center parldng lot, including sidewalks and lighting. 6. Maintain and make repairs to the ea�terior playground equipment. 7. Provide all necessary telephone and coaununication connections for all areas of the Center not assigned to the City's management under this Agreement. S. Provide all necessary meters and submeters for fuel, electric power and water, and &stribntion panels for telephone, comtnunications, and security connections to the areas assigned to the City's managemern under this Agreement. Contract No. 97-082 McDonou�h Commuoity Cmter MNl-1,4,8A a�- a l� 9. Purchase and install the interior PSayground equipmatt for the children's gymnasium. The PHA and City will negotiate and agree in writing as to the reasonableaess and responst'bility for payment of costs and expenses related to maintenance and repairs of said equipment. B. The City, at its sok cost xnd ezpense, shaIl: 1. Fumish all labor, materiais and equipmem necessary to malce all the ordinary repairs to and provide routine maintenance for the interior areas of the Ce�ater assigned to its management under this Agreement including, but not limited to, interior painting, repairs to light fixtures and receptacles, window panes, repairs to floor s�ufscing, walls, e�cterior and 'urterior doors, cabinets, hardware, unit heaters, the repairs and replacement of plumbing fixtures. 2. Have the right to attach fixWres and install equipment in or upon the areas assigned to it under this Agreement. Any fixtures or equipment installed shall remain the property of the City and may be _ removed by ths City, provided that the City sha(1, at its cost and expense, restore any surfaces that may have been damsged by the removal of said fixtures and equipment, and otherwise restore the areas to the condition thereof as the same existed at the time of maldng of such installation of structures, fixtures, and equipment. 3. (a) Provide or cause to be furnished ali nece.gsazy fuel and etec[cic power for the proper heating, cooling, and lighting services to and for the aress assigned to its management under this Agreement. The majority of the areas will be separately metered. (b) For the 1, 800 square feet of space assi� to the management of the City under this Agreement that is not separately metered for utility costs (see Attachment A- lobby 117, meeting room 118, corridor 121, activity room 128), the Ciry shall reimburse the PHA for the cost of providing urilities at an agrced upon per square foot energ,y cost rate. The PHA will invoice the City annuxlly based on achial enecgy consumption data. The payment from the City to the PHA is payable within twenty (20) days of receiving the invoice &om the PHA. 4. Pay the water utility costs for the areas assigneci to its macsagement under this Agreement. This Saint Paul Water Utility will separately meter and bill the City for these utility costs. 5. Maintain and make repairs to the package heating(cooling system located on the roof of the children's gymnasiutn. 6. Maintain and make repairs to the boiler and FIVAC unit located in the main gymnasium. 7. Provide all neceasary telephone and communication service for the areas assigned to the City's management under ttris Agreement. 8. Be responsible for any repairs for damages or coaections to the Community Center or grounds caused by the City or its prog,ram participants, �cept as they result from ordinary wear and tear. � Conh�act Na 97-062 McDonou�h Commanity Ceatcr MNl-1,4,SA °t� -a�o 9. Purchase, maintain, and make repairs to a trash dumpsier that must be located in the hash enclosure as identified in Attachment A for the disposai of trash from Parks and Recrearion programs. The City shall also, at its sole cost and expense, make airangemeMs for regular trash removal. 10. Provide daily housekeeping responstbilities in the space assigned to the City's manageiment under this Agreement consistent with the City's staadards for "Ne'sghborhood" level Recreation Centers. III. OTHER PROVLSIOPiS A. NON-DISCRIbIINATION T'he PHA and the City agree that in the administration of any ofthe City's programs under this Agreemsnt no person, on the grounds of race, color, religioq creed, national origin or ancestry, familial status, sex, status with regard to public assistance, maritai status, disability, age, sexual or affectional oriernation, politicai or other affiliation, shall be p�cluded &om participation in a program or be denied benefits of a program and agree to comply with all federai, state and local laws regarding discrimination, B. INSURANCE AND INDEMI�IIFICATION The City does hereby release, discharge, and agree to indemnify, protect, defend, and save harmless the PHA from liability for any cost, daznage, expease, deatt� injury, or other casualty, to any person whomsoever, or property whatsoever caused by or arising out of the City's use, occupancy, management, and maintenance of spaces assigned to it under this Agreement; provided that such indemnification shatl not be applicable where a decision ar judgment of a court of competent jurisdiction indicates that said casualty to person or property was the direct resuit of acts of corrunissioq omission, negligence or fauit of the PHA, their agents or employees. C. RIGHT OF ENTRY, IN5PECfIOPi A1�ID REPAIIt The PAA, through its suthorized employees or agerns, has the right to enter any City assigned Community Center spacc at any time, without advance notification, when there is reasonable cause to believe an emergency exists, or, during reguiar business hours and upon two (2) days' notice, for the purpose of inspection or repair of the space or any PHA-supplied equipment located in the space, or for such other reasonable purpose as may be deemed neces.4ary by the PIiA. D. DATA PRIVACY All data collected, created, received, maintained, or disseminated by the City or the PHA for any purposes in the caurse of the perfom�ance of this Agreement is governed by the lvTinnesota Govemment Data Practices Act, Mmn. Stat. 13A1 et seq., or any other applicable state staxutes, any state niles adopted to impiement the Act, as well as federal reguiations on data privacy. The parties agree to abide strictly by these statutes, niles, and regulations. 7 coatrad xo. 9�-062 McDonouYh Cou�mueity Ceater MNl-1,4,8A a�-a`� T'he PHA has designated, and the City also agrees to designste, a Responsible Authority pursuant to the M'innesota Csoverament Data Practices Act, Ivfinn. Stat. Chapta 13, who is the individual responsible for the collectio� use and dissemination of any sex of data on individuals, governmem data, or summary data pursuazrt to this Agreement The City shall notify the PHA of the name of its designated responsibie authority. E. DISPOSAL OF PERSONAL PROPERTY The PHA shall have the right, without notice to sell, deslroy, or otherwise dispose o� any personal properiy left in the Community Center after the City has vacated or abandoned the space assigned to it under tivs Agreement. The City will be responaible for any costs incanred by the PHA in the storage or disposat of such properiy. The PHA wilt assess charges in accordance with the PHA Schedule of Standard Service Charges. F. DISPUTES In the event of a dispute arising under this Agreement, either party shall notify the other promptly in writing of its conternions and subaut its claim. Irrespective of the eadstence of a dispute, the City shall proceed with the responsibilities assigned to it under this A.greement, unless the PHA has exercised its right under this Agreement to assume fiill management of the �mtire McDonough Community Center. G. CHANGES Changes to any of the temu of this Ag�eement may be made only by mutual agreement of the City and the PHA and incorporated in a written amendment signed by both parties. H. TERMINATION Tfris Agreement may be ternrinated by either the PE3A or the City upon 180 days written notice mailed by either party to the other. Ternrinarion of this Agree�nent will res�ilt in the assumption by the PHA of the management of the space assigned to the City under this Agreeanent and the termination of all recreational programming unless otherwise agreed to in writang betwe� the PI3A and the City. This Agreement will expire on December 31, 2017 and will automatically tenninste upon eapiration. L ENTIRE AGREEMENT This Agreement represents the entire Agreement between the PHA and the City and replaces and supersedes any and all prior written and orai agreements relating to the subject matter of this Agrcement. Contraet No. 97-082 McDonoaYh Commuoity Cmter MNl-1,4,8A 9�1 -a�o By the signawres betow, the PHA and the City have exxuted this Agre�ent effective as of the date first written above. PUBLIC HOUSING AGENCY OF THE CiTY OR SAITIT PAUL By: Its Chainnaa of the Board of Commissioners By. Its Executive Director By: Its Controller � iu B �C /r"'�VI � ./�`"� �� ,.� ��--- B �� B Its �f�ovc-�� s � /�-e.em �%,� �� -�.� /-�,5�.,�- G� � v5�97 CI�-�!o � � ; i c i c �t'�-��O � !., t it yl i McDONOUGH COMMUNITY CENTER CODE THE COMMUNITY CENTER PROVIDES SPACES FOR: 1) SERVICE5 AND PROGRAMS FOR RESIDENTS IN THE AREA 0 2) COMMUNITY MEETINGS AND ACTIVITIES You aze welcome at the Center to participate in programs, receive services, volunteer your time, and attend meetings. In return, we ask you to: • Respect all residents, PHA staff, service providers, and guests • Respect the property and fumishings at the Center • Enjoy the space in peace •Be Fair •Be Safe •Be Courteous PI��JUDIG� �� zoH� Commitment To Diversity The public housing community in the Ciry of Saint Paul is everchan�in� and diverse. We are � nulri-cultural community of individuais, and we are all unique and deseiving of respect. We are �f diverse racial, ethnic and national origins. Our views encompass a broad spectrum oi -eligious and polirical beliefs, and our sexual orientations differ. We believe that our communit� s enhanced and enriched through the diversity which each individual contributes. We are znique in that we strive to work and live to�ether and, in the process, we can learn from one �nother in an atmosphere of positive contact and mutual respect. �Ve are commitTed to fostering an environment within our community where a11 residents anc �taff, regardless of differences, can feel safe, secure, and supported. We are committed tc �ehavin� and expecting others to behave in ways which demonstrate our beliefs �bout the -espectful treatment of each member of our community. We believe that we �u individually anc ollectively responsible for our behavior and are fully accountable for our actions. Bi�otiy ha� 7o place within our community, nor does the right to degrade another human beinQ on the basi; �f a�e, physical ableness, national origin, sexual orientation, race, gender, or religiou� �ffiliation. We will not tolerate verbal or written abuse, threats, intimidation. violence, or othe� ��.`orms of harassment against any member of our communiry. Likewise, we will not �ccep� anorance, anger, alcohol, or substance abuse as an excuse, reason, or ratiotiale for sucY �ehavior. SI1 of us who live and work in this community are here by choice and are committed to these �rinciples which are an integral part of our purpose, values, and daily activities Adapted from the Colorado State and University of Minnesota Housing Diversiry Statement) PUBLIC HOUSING AGENGY C A � IU `P' D A I � � conaticc xo. s�-usz McDonoaYh commmity Cmtcr MNl-1,4,SA � ��-a�o USE, MANAGEMENT, and MAINT�NANCE of SPACE AGREEMENT COMMIJNITY CENTER The Public Housing Agency of the City of Saim Paul ("PHA'� and the City of Saint Paul Departmeat of Parks and Recreation acting by and through its Divi�on of Parks and Recreation <"cit�') encer inco this Agreemem ("Agreeme�') on this lst aay ofMarch, 1997. WFIEREAS, the purpose of the McDonough Comtnunity Center ("Community Center") is to provide appropriate space and faeilities for the PHA and various service providers to deliver programs and servilce.s that primarily serve the needs of the McDonough Homes reside.nts; and WHEREAS, the PHA and the City have partnered in providing space and facilities for recxeational programming for approximately thirty years for McDonough residents and non-public housing residents at the McDonough Comtnunity Center; and Wf�REAS, the PHA desires to ma�cimize the use of the McDonough Community Cerner space and facilities; and WI�REAS, the City desires to continue providing year-round adult and youth recreationat programming at the McDonough Recceation Center ("Recreation Cente�'), located in the McDonough Community Center, primarily for McDonough residents as well as for non-public housing residerrt.s, as it does in other azeas of the City; and VJHEREAS, the PHA has obtained 54275 million in fimding from the U. S. Department of Housing and LJrban Development ("IitJD") through its Public Housing Comprehensive Grant ($2.225 million), Youth Developme�nt Inidative (5955,000), and the Famity Im+e�ment Center Programs ($955,000) for tbs modeinization and expansion of the McDonough Communiry Ce,nter, located at 1544 T'unberlake Road, Saint Paul, MN, 55117, owned by the PHA, 480 Cedar Strcet, Suite 600, Sairn Paul, M13, 55101; and Wf�EREAS, the modeinization aad expansion project for the Community Center includes remodeling appro�rimately 30,000 sq�are feet of the earisting Center and building two additions totaling 20,000 square feet. The completed project will feature an improved main gymnasium, the addition of a children's gymnasium equipped with a new interior glaytot, and prpanded space for Community Center and City Recreation C� programs including offices, clinic, c�hildcare rooms, computer lab, classrooms, and community room. Other improv� inclnde a single centralized building entrance with elevator, sewrit3' gY�, �' �� Pl�� liShtin8 a� HVAC systems. Improvements will also be made to PHA offices and support areas and to tbe maintenance vetdcle garage. Site improvements include a new and expanded parlong lot, playground, and lighting. The entire Community Cerner will be upgraded to mcet all aurent Life Safety and Accessi'bility Codes; and com�c xa �-oaz McDonou� Com�noity Cmter MNl-1,4,8A q'1-a �o WHEREA5, the McDonough Community Ceater mode�ni�ation a� espan�on project provides a unique oPP��Y for the PHA and the City to co�imie to collaborate in the improvement and expan�on of adequate space and facilities for recreational programming for residents in the McDonough Homes community and in the neighborin8 ��Y, WFIEREEAS, the PHA has worked closely with the City in the desagn of the modernization and expansion ofthe McDonough Community Ce�s, including the Re�eation Center, and the City has indicated its desire to have an air conditioning system installed in the Recreation Center and to have additional external lighting installed in the parldng lot and �dewaiks adjoining the Recreation Center. The complete Scope of Work for the modernization and expansion project is detailed in the Plans and Specifications developed for Contract No. 97028-C1, dated 7uly 20, 1996, and Addendum #1, dated August 8, 1996 by McMonigal Architects, w}uch Plans and Specifications include provision for the installation of a new sir conditioning system and external lighting as noted herein; and WI�REAS, the fundiag obtained by the PHA does not i�lude funds for either the installa6on of an air conditioning systean in the Recxeation Ccnter nor the'snstailation of external lighting for the parking lot and sidewallrs adjoining the Recreation Ceater portion of the Community Center, and WI�REAS, the City has obtained $140,000 in funding &om FItJD through its Community Developma►t Block Grant Progam and has agreed to cora�ibute t}ris amount toward the purchase and installstion of tt� sir conditioning system in the Recreation C� a�i the external lighting of the parldng lot and sidewelks, as noted above, and has agreed to make payme�nt ofthe $140,000 to the PFIA within thirty (30) days after tlre execution of this Agr�t; and rVHEREAS, the PHA has entered into Contract No. 97028-C 1 with Frerichs Construction Company, dated August 28, 1996, which contract complies with all federai contract requirements, including all applicable requirements of Federai laws and regulations regarding labor standards. NOW, THEREFORE, the PHA and the City agree to the following terms and conditions: L SCOPE OF RE5YONSIBIIIT7ES A, GenerA! 1. The PHA's Programs Services Manager will be the PHA's primazy contact with the Ciry for purposes of implennenting tlus Agrcement. For day-to-daq on-�te program operations, the PHA's primary contact with the Ciry will be the McDonough Housing Manager, the McDonough Human 5ervices Coordinator, or a designee. 2. The City's Manager of Recreation Sesvices will be the City's primary contact with the PHA for Purpos� of implementing this Agr�t. For day-to-day on-site progcam op�ations, the City's primary contact with the PHA will be the Recrearion C� Director assigned primarily to McDonough Recreation Center. 2 Co�rut Na 97-OBZ M�� co��ey c� MNl-1,4,8A B. The PHA: al�l -� �.o 1. Shall manage all areas of t� McDonough Com�nity Ceater �cept those areas assigned to the City as designated in Attachment A to this Agrcem�t. 2. Considers the City the primary usa and manager of the space assig�ed to it in Attachmem A. 3. Reserves tlu riSht, �pon t1urtY (30) daya writtea �tice to the CitY, to temPo�Y �Pend the terms of this Agreemern a� ass�me fiill managemeat of the entire McDonougln Commuaity Center, including the space assigned to the City in Attachment A when it determines just cause for doing so. 4. Shall, at the PHA's sole eost aad �pense, purchsae and instait the imerior playground equipment for the cluldren's gSmnnas�nm. 5. Shall, upon request by the City, provide the City with documentation verifying that the funds contn'buted by the City were expended purs�ant to this Agreeme�rt. 6. Shall work cooperatively with the City in scheduling PHA use of the spaces assigned to the City's managemeat under this Agreement, including the cLildren's gymnasium. �. TLe City shall: 1. Manage the areas in the McDonough Community Center assigned to it as designated in Attachmem A 2. (a) Use the space assigned to it undez this Agr�t primarity for recreationai programming. The City will make the areas it manages pursuant to the Agreement available to the PHA and other secvice providers under conuact with the PHA during times when there is no scheduted City recreational programming in those areas. There shall be no cost to the PHA for its use of suy area in the Community Center managed by the City. The City may chsrge fees to other users based upon its Facility Use Charges. (b) The City shall maintain a schedule, including the dates and times, of all users of the areas it manages under this Agreemeot. {c) As provided in Attachmec►t A, among the areas asaigned to the City for management is the children's gymna�um. The City shall maintain the prog�am schedule for the children's gymnasium. During times when th�e is no schedaled City recxeationat programming, the City shall make the children's gymnasium available at no cost to the PHA and to othex service providers which have a contract with the PHA or are otheiwise approved in vvriW�g by the PFIA. The City shall work cooperatively with PHA's McDonough Human Services Coordinator in sched�ling use of the ch�7dren's BY��um. Contnct No. 97-082 McDonou�h Commmity Ceater MNl-1,4,SA �l� - a�° 3. (a) Provide year-round adult and youth recreationai programming, inciuding a fiill-time on-site Recreation Ceater Dirxtor assig�ed primarily w the McDonough Recreation Ce�nter and other appropriate staff The progranw�ing shall be at least equival�t to and consiste� with the programming provided at other City Recreation Centers as determined by the City and shall specifically meet the nceds of the McDonough com�nity. The City w7t provide a written notice to the PHA of any staff Director changes at the McDonough Community Center as soon as the City is aware of the changes or at least ten (10) days prior the effective date of the staff change. The City will otherwise work cooperatively with the PHA regarding the planning and implem�tation of the City programs. (b) Be responsa'ble for comrolling the behavior of its program and services participams and vi�tors to the Recreation Center duiing the Recreation Ceater's hours of opexatioa This provision does not apply when another group has been approved to use space assigned to the City's management under this Agreement. (c) Provide on-site aduk staff in the Recreation Ce,nter and in a�ry otber azea assigned to the City for which it has maoagemern responsibilities under tlris Agreemeat, during all hours the City's Recreation Center or other City-managed area is open, unless the PHA or another PHA approved service provider is administeriug a program and is specifically providing adult staff and has notified the City in writing of that fact including program content, schedule, and assigned staff. (d) Ensure at least one adult staff person or designated activity leades is located in each room or space under its management that is op� to or in use by youth. 4. Supply all equipment, furnishings, supplies, or other materials nceded for the operation of its recreational programs and services. 5. Attend monthly coordination meetings with PHA Management staff. 6. Establish and maintain a montlily statistical summary of the number of persons being seived by the City's recreational programs in the Recreation Center, including an approadmate percentage breakdown of residents and non-residents ofMcDonough Homes, a� pres�t this summary to the PHA McDonough Homes Human Seavices Coordinator at the monthly coordination m�ting. 7. Comply with the McDonough Community Center Code (Attachment B) and Commitmem to Diversity Statement (Attachment C). 8. Utilize the space assigned and designated in Attachment A fot the purposes, programs, and/or services as scheduted unless otherwise agreed, in wtiting, by the PHA. 9. Ensure the PHA has access in the moming hours to Kitcl�en 113 (Headstart) through door 113a for kitchen deliveries. 10. Not lease or sub-lease any area within the McDonough Community Center. 4 Co�ract Na 97-OBZ McDononYh Commanity Cmter MNl-1,4,8A 1 1 �1 � � A. The PRA, at ib sole coat auad e�eaae, aha9: �n-a�o 1. Subject to available fiiad'eng throug6 the U.S. Department of Housing and Urban Developmem, fiunish all isbor, mateciat arai equipment neces.�uy to: (a) maintain ia good repair the �tesior of the Community Center; the etectricat and plumbiag liae.a to the location of the3r outlet within the Community C�; snd shall assure the mairnenance of tbe underground sewes and water sen+ice connections for the Community Ce�nter, (b) make major repairs to the interior and exterior of the Community Centea. To the e�ctent poss►'ble, the City shalt submit a written request to the PHA for amiapated major repairs at leask six (fi} mouths in advance of when the priysical wark �st be pesformed to allow for budget approvals and the awarding of contracts for �ch work. (c) provide daily housekceping far the Center �cept for area assigned to the City's managem�t uuder ttris Agreernem. 2. Provide alt necessary fuel and electric power for the proper heating and lig6ting and all water utility services for all azeas of the Center not asaigned to the City's management under this Agrcemart. 3. Maintsin and malce repairs to the HVAC equipmea�t for all areas of the C�ter not assigned to the Gity's management under this Agr�nent. The PHA shsll also maintain and make repairs to the variable air volume (VA� equipmart located in and servicing the lobby 117, meeting room 118, corridor 121, and activity room 128. 4. Maintain and mske repairs to the Commnnity Center's main securiry systean including audio alaims on all adt doors, activation and deactivation of the &oat door key pad, aad the public address system. 5. Maintain aad malce repaira ta the Com�aity Ce� parking lot, inciuding sidewaiks and lighting. 6, Maintain and make repairs to the acterior playground equipmea►t. �. Provide all necessary telepfione and comtm�nicatioa connec6ons for all areas of the Cemer not assigned to the City's management under this Agr�t. 8. Provide all necessary meters and s�bm�ecs for fuet, electric pow� and water, and distn`bu6on panels for telephone, communications, aad sewrity connections to the amas ass►gned to the City's managemeat under this Agree�nettt. 5 Cw�aa xo. v�-osz McDonou;h Commmity Ca�ba� MN!-1,4,8A q�-�.�o 9. P�rchase sad 'mstail the intaior P�YB� �P�t fvc the c�dron's gymnasium. The PHA and City will negotiate and agoee in writiag as to the reasonebleaess and responsfb�ity for paymenk of costs and expenses related to maintenance and repairs of said equipment. B. TLe Citp, at its sok cost and czpeaat, sLall: 1. Furnish all labor, materials aad equipment rn�sacy to make all the ordinary repairs to and provide routine maintenance for the iateaior areas of the Center as�gned to its managemern under this Agreement including, but nat limited to, i�erior painting, repairs w light fucwres and receptacles, window panes, repairs to 9oor s�rfacing, walls, exterior and 'mtedior doors, cabinets, hardware, unit heaters, the repairs a� r�lac�nt of plu�ing fixWre.s. 2. Have ths right to attach fixtures and install equipm�t ia or upon the areas assigned to it uader this Agreement. Aay fixtures or equipmeat installed shall remain the property of the City and may be removed by the City Provided that the City sUsli, at its cost snd expense, restore any suxfaces that may have been damaged by the removal of said fixtures and equipment, and otherwise restore the areas to the condition thereof as the same existed at the time af making of such installation of stivatures, fi�ctures, and equipment. 3. (a) Provide or canse to be furnished all necessaiy fuel and �ic power for the proper heating, cooling, and lighting seivicea to and for tbe aress assigned to its maaagemem under this Agreement. The majority of the areas will be separately metered. (b} For the 1,800 square feet of space assigned to the manage+nent of the City under tlus Agreement that is not separatety metered for utility costs (see Attachmeat A- lobby 117, meeting room 118, corridor 121, activity room 128), the City shsli reimburse the PHA for the cost of providing uh7ities at an agreed upon pra square foot ea�gy cost rate. The PHA will invoice the City annually based on actuat energy consumption data, The payment from the City to the PHA is payable within twenty (20) days of receiving the iuvoice from the PHA. 4. Pay the watea utility costs for the anas asaigned to ita manag�nent under thi� Agreement. This Saiat Pau! Water Utility will separatety meter and bill the City for these utility costs. 5. Maintain and matce repairs to the package heating/cooling system located on the raof of the children's gymoasium. 6. Maintain aud make repairs to the boiles aad HVAC unit located 'u► the main gymnasium. 7. Provide all neceasacy tetephone a� communication secvice for the azeas assigned to the City's manageaneni under this Agreement. 8. Be responseble for azry repairs for damages or corredions to tbe Community C�ter or grounds caused by the City or its program pazticipants, eaccept as they res�lt from ordinary wear and tear. Gj Co�d�t No. 97-082 McDonoaph Commw�ity Ceater MNi-1,4,8A °t� -a�o 9. Parchase, maintain, and make repairs w a trash dumpater that must be located in the trash �closure as identified ia Attachmeat A for the disposal af trash from Parks aad R�on programs. The City shall also, at its soie cost aad expea�se, make arrangements for regu]ar traslt removai. 10. Provide dailY ��P�8 re�On�bilities in the space assigned to the City's managem�t under this Agre�ent wnsiste.at rovith the City's staadards for `2deighborhood" level Recreation Cerners. III. OTHER PROVISIONS A. NON DISCRIbIINATION The PHA and the Gity agree that in the admimstration of azry of the City's programs under this Agreement no pe�rson, on the grou�ls of race, color, religion, creed, national origitt or ancestry, familial stams, sex, staws with regard to public assistance, a�arital status, disab�7'�tq, 88�, sexuai or affectionat orieatation, politicai or othes affiliatioa, shall be eacctuded from pazticipation in a program or be denied benefits of a program and agree to comply with all federal, state and Iocal laws regarding di�!±±;*±Ahon, B. INSURANCE AND INDEMNIFICATION The Gity does hedeby release, discharge, and agree to indemnify, protect, defend, and save harmtess the PHA from fiab�ity for anY cost, dama$e, eXPense. death, inlwY or other casualty, to a�ry person whom�ever, or propeaty whataoevea caused by or arising out of the City's use, occupancy, management, and maintenance of spaces assigned to it undes this Agreement; provided that such indemnification shall not be appficable where a decisio» or judgment of a court of competent jurisdiction indicates that said casuaity to person or propeity was the direct result of acts of conamission, omissian, negtigence or fault of the PHA, their ag�nts or eanployees. C. RIGHT OF ENTRY, INSPECTION AND REPAIR The PHA, through its authorized �nployees or ageirts, has the right to em� aay City assigned Comarunity Ce�nted space at any iime, without advance notification, when there is reasonabls cause to believe an emergaicy eatists, or, during regular business 2iours and upon rivo (2) days' nodce, for the pw�wse of inspection or repair of the space or any PHA-supplied equipment located in the space, or for s�ch other reasonable purpose as mxy be deeme� necessary by the PHA. D. DATA PRiVACY All data collected, created, receaved, maintainc�d, or disseminated by t6e City or the PHA for any purposes in the course of the performance of this Agreemem is govaned by the Mmnesota Go�rernm� Data Practices Act, It�nn. Stat. 13.01 et seq., ar any other applicable state statutes, any state rules adopted to implement the Act, as well as federal reg�iations on data privacy. The parties agree to alri� strictly by these statutes, rules, and regulations. co,�c xa s�.osa McDosoa� Co�smaity Ceatcr MNI-1,4,8A °1�-�.�d The PHA Las desigoated, aad tbe C"rty aiso agrees to designatc, a Responsa'ble Authority � to the M'maesota Govensmeat Data Practices A�t, Mixm. Stat. Chapia 13, who is the individual responsible for the collection, use and dia�eminatian of aay s� of clata oa i�lividuais, govenuneat data, or summary data pursuaat to t6is Agreanmk The City sl�al! notify the PHA of the Bame of its desigaated responsi�ble suthority. E. DISPOSAL OF PERSONAL PROPERTY The PHA ahall have the right, without notice w sell, destroy, or atherwise dispose o� any pecsonal property left in the Community Cerner aftea tlre City has vacated or abandoaed the space assigned to it under this Agree+n�t. The City will be respons�bic for atry costs incuned by the PHA in the storage or disposal of such property. The PHA wil! assess cl�arges in accordance with the PHA Schedule of Standzrd Seivice Charges. F. DISPUTES In the event of a dispute arisiag under this Agreemellt, eather party shalt notify the other promptly in writing of its couteations and submit its claim. Imspective of the existence of a dispute, the City shall procxed with the respomwb�i6es assigned w it undex this Ag�ent, unless the PHA has exercised its right under this Ageement to assume full management of the e�tire McDonough Community Center. G CHANGES Changes to azry of the terms of this Agreemem may be made onty by mutuat agreement of the City and the PHA and incorporated "m a writtett amendment signed by both parties. �; �1 Y �i :7TI li �/ Y I�3�7 This Agreement may be terminated by either the PAA or t.i� City upon 180 days written ttotice mailed by either party to the othec Termination of tbis Agre�t will result ia the assumption by the PHA of the manageqnent of the space asaig�ed W the City under tliis A�t and the termination of all recreational prograimming unless atherwise agrsd to in v�mting betwee.n tbe PHA and tbe City. Tlus Agreement will azp'ue on December 31, 2017 and wil! suWmaricslly tenninate upon expiration. I, F.NTIRF. AGREE,MENT Tlus Agreement repres�ta the entire Agr�nent between the PHA and the City and replace.a and supersedes azry anc! all prior written snd orat agr�rts relating to t6e snbject matter of this Agreement. Contract Na 97-OBZ McDonot�k Co�ity Cmter MNl-1,4,i�A �� -a �o By the �gnaiurss bebw, the PHA aud the City I�ave ac� t�s A�t c�ivc as ofti� date first v�rittm above. PUBLIC HOIISIl+TG AGENCY OF T� CITY UF SAII�iT PAUL B Its Chairman oftheBoard ofCommissioners B Its Exetudve Diredor By: rr� c4Fmou� THE PY"�F A�lNT PA �t� By: {;��-�!� �-..�-�---�( Its sy: °�-�- , �. --- Its �..� � B Its By: its �Pl�(1UE� � j0 3E'm �f/`C.y' ' � �) '2-i •"i^P�-' �/�� G . � �:�/,0}�2` �i � �'�v �/ vs�� 0 _�^ _�� - I r ____,� { L � � �Il�t f -- (I��f��jjl� �, � , � .� .�� I - _�■ .'��i _ if +�� = U � � �f�.��-�� A �y °t�-a�o � v • o U U « M a 3 . - � � c o ° ti d a > � � O..� 0 0 � � g � � ` . t�y .� � • � �"'4 . p � � -� ' ��. '� .�� \\ � � �� '� �,� :�� .�� . ��. ;�►. �. � �� -� �� . . .< <,,, �, , McDONOUGH COMIVJ[1;1NITY CENTER CUDE THE COMM[JNITY CENTER PRUYIDES SPACES FOR 1) SERVICES AND PROGRAMS FOR RESIDENTS IN THE AREA If,`!!7 2} COMM[INITY MEETINGS .AND ACTIVITIES You are welcome at the Center to participate in programs, receive services, valunteer your time, and attend meetings. Tn rehun, we ask yau to: ' Respect all residents, PHA staff, service providers, and guests • Respe�ct the property and fiirnishings at the Center • Enjay the space ia peace •Be Fair •Be Safe �Be Courteous