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1. ' Defend, indemnify'and hold harmless the City, its elected officials, officers, employees, <br /> agents and representatives, from and against any and all claims, costs, losses, expenses, <br /> demands, actions or causes of action, including reasonable attorneys fees and other costs <br /> and expenses of litigation, which may arise out of this Agreement for services provided <br /> by the YMCA hereunder. Nothing in this paragraph shall be deemed to be a waiver by <br /> the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. <br /> 2. Administer all data under this agreement in accordance with Minnesota Statutes, Chapter <br /> 13 -Data Practices Act Compliance, and all data on individuals shall be maintained in <br /> accordance with statutory guidelines. <br /> 3. Prepare an annual budget each year for the ensuing year, including estimated rentals, <br /> revenues and expenses for the Center and recreation programming. A preliminary budget <br /> will be provided to the City on or before August 1 of each year and will be updated as <br /> new information becomes available. <br /> 4. Assist in developing five year and ten year capital improvement plans for the Center and <br /> parks in conformance with City Charter requirements. The improvement plans will <br /> include building and equipment maintenance, replacement and/or enhancements. The <br /> YMCA shall assist the City in obtaining cost estimates for such improvements, and in <br /> preparing an implementation plan for the following year. <br /> 5. Operate and manage the Center and provide all recreation programming in accordance <br /> with all federal, state, and local laws, regulations, ordinances, and City policies. The <br /> YMCA will obtain all permits, licenses, and certifications necessary to ensure compliance <br /> with all federal, state and local laws, regulations and ordinances provided, however, that <br /> the City will pay for all general permits, licences and certificates necessary for operating <br /> the Center and recreation facilities. <br /> 6. The YMCA and the City shall establish procedures to handle complaints regarding the <br /> operation of the Center and providing of recreation services. The YMCA shall promptly <br /> furnish the City of a copy of all written complaints it receives. The YMCA shall provide <br /> quality customer service equal to or exceeding the level of service provided by the <br /> YMCA to its customers at the Shoreview YMCA in 1997. ? YMCA unsure how <br /> something like this could be measured? <br /> 7. Maintain the following public hours for the Center: <br /> September through May <br /> Monday through Friday 9:00 a.m. to 10:00 p.m. <br /> Saturday 8:00 a.m. to 9:00 p.m. <br /> Sunday 11:00 a.m. to 6:00 p.m. <br /> June through August <br /> Monday through Friday 9:00 a.m. to 7:00 p.m. <br /> Saturday 9:00 a.m. to 5:00 p.m. <br />