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?about membership in Mn Park& Recreation Association and National Park& Recreation <br /> Association. <br /> B. At the end of each calendar year under this contract, the surplus or deficit from all <br /> recreation programming will be calculated as follows: <br /> 1. All revenues from such programs will be included. This will include any <br /> scholarships provided to participants, and any subsidies provided by the City in <br /> order to offer any program. <br /> 2. All direct expenses will be subtracted. Direct expenses will include: <br /> a. Salaries and benefits for the staff involved in the actual programs; and <br /> b. Supplies, equipment and other costs directly associated with the program. <br /> 3. An administrative charge of 12.5% of all direct expenses will be calculated and <br /> subtracted. <br /> 4. The remaining balance will be that year's surplus or deficit. <br /> The City will fund the first$2,000 of any deficit with the remaining deficit being split equally <br /> between the City and the YMCA, provided that the maximum City liability for any one year shall <br /> be $5,000. <br /> For any surplus, the first$2,000 shall be paid to the City. The next$10,000 of any surplus shall <br /> be paid to the City to assist in funding the Building and Equipment Replacement Reserve Fund. <br /> Any additional surplus shall be split equally between the City and the YMCA. However, upon <br /> mutual consent from both the City and the YMCA, any or all of the surplus can be used to <br /> expand programming or services in subsequent year(s). <br /> ARTICLE III: DUTIES AND RESPONSIBILITIES <br /> The City and YMCA recognize and acknowledge that the Mounds View Community Center <br /> includes the Facility and the Center, in addition to space that is currently being used for <br /> community education and day care and agree to cooperate in effectively operating and <br /> maintaining Center for the good of all the users of the Mounds View Community Center. Both <br /> parties also recognize that the Center and all other park facilities are smoke free and will <br /> undertake actions to insure that no smoking is allowed. <br /> A. YMCA's Duties and Responsibilities. The YMCA will be responsible for the management <br /> of the Center in addition to recreation programming for the City. The YMCA will use its best <br /> efforts to develop brochures and other marketing materials to promote the Center and recreation <br /> programming as well as hire, train and supervise instructors and leaders for recreation <br /> programming. The YMCA will achieve quality service goals for the Center by executing <br /> marketing strategies, providing quality service to the customers, and employing leadership and <br /> managerial skills effectively. All services provided by the YMCA, YMCA's officers, agents. and <br /> employees pursuant to this Agreement shall be provided by such companies and persons as an <br /> independent contractor and not as an employee of the City for any purpose, including but not <br /> limited to income tax withholding, workers' compensation. social security and Medicare taxes, <br /> liability for torts, and eligibility for employee benefits. In addition. the YMCA agrees to do the <br /> following: <br />