HomeMy WebLinkAboutResolution 8443 RESOLUTION 8443
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE REVISED MOUNDS VIEW COMMUNITY CENTER,
PARKS AND RECREATION MANAGEMENT AGREEMENT WITH THE YMCA
OF THE GREATER TWIN CITIES
WHEREAS,the YMCA of the Greater Twin Cities, formerly the YMCA of Greater St.
Paul, has been providing management and recreational programming services for the City
of Mounds View since July of 1999; and,
WHEREAS, the Agreement with the YMCA is outdated and in need of revision; and,
WHEREAS, the City and the YMCA have been working on a revised agreement that
was reviewed by the City Council at its Work Session on February 2, 2015; and,
WHEREAS, the YMCA Advisory Committee has reviewed the proposed changes
and recommend approval; and,
WHEREAS, the City and the YMCA desire to execute the attached revised Mounds
View Community Center, Parks and Recreation Management Agreement to be effective
September 1, 2015.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does
hereby approve the attached Mounds View Community Center, Parks And Recreation
Management Agreement with the YMCA of the Greater Twin Cities, effective September 1,
2015, and authorizes the Mayor and City Administrator to execute said agreement on its
behalf.
Adopted this 24th day of August, 2015
/
. •e Flahe •
ATTEST:
Lti�t,l� A
Ja es Ericson, City Administrator
(seal)
MOUNDS VIEW COMMUNITY CENTER, PARKS AND
RECREATION MANAGEMENT AGREEMENT
THIS AGREEMENT is made, effective as of this 1st day of September 1, 2015, by and
between the City of Mounds View, located at 2401 County Road 10, Mounds View, Minnesota
55112, (hereinafter "City") and Young Men's Christian Association of the Greater Twin Cities,
located at 2125 East Hennepin Avenue, Minneapolis, MN 55413 (hereinafter "YMCA").
WITNESSETH:
WHEREAS, the City of Mounds View desires to engage the services of the YMCA to
assist with the management of the Mounds View Community Center and City recreation
programing; and
WHEREAS, the City is the owner of the Mounds View Community Center located at
5394 Edgewood Drive in the City of Mounds View, and various City park and recreation
facilities as set forth in Exhibit I; and
WHEREAS, the City and YMCA recognize and acknowledge that the Mounds View
Community Center includes the Event Center and the Rec Center, as defined herein, in addition
to the kitchen, leased office space areas and the day care, and agree to cooperate in effectively
operating and maintaining the Rec Center for the good of all the users of the Mounds View
Community Center; and
WHEREAS, the City desires to engage the services of YMCA to assist with the
administration of the ongoing operations, administration and development of the parks and
recreation programs of City; and
WHEREAS, YMCA is experienced in providing recreation services and managing
facilities and is willing to enter into this Agreement; and
WHEREAS, YMCA has expressed its willingness to provide such services; and
WHEREAS, YMCA shall provide adequate personnel and services to assist the City with
the administration of the ongoing operations, administration and development of the Mounds
View Community Center and the parks and recreation programs of City.
NOW, THEREFORE, the parties hereto do mutually agree as set forth below:
1
ARTICLE I: DEFINITIONS OF TERMS USED IN AGREEMENT
A. Rec Center. The gymnasium, fitness area and all meeting and storage rooms in the
Mounds View Community Center.
B. City. The City of Mounds View, a municipal corporation under the laws of Minnesota.
C. Community Center. The entire Mounds View Community Center, including the Rec
Center and the Event Center, as well as the kitchen, leased office space areas and the day
care center.
D. Event Center. The banquet hall/meeting room portion of the Mounds View Community
Center, including storage areas and kitchen facilities.
E. Parks. All City parks and park facilities. See Exhibit I for a detailed list of City parks.
Park facilities include but is not limited to baseball and softball fields, soccer fields,
playgrounds and associated playground equipment, picnic shelters, and ice rinks and
warming shelters.
F. YMCA. Young Men's Christian Association of the Greater Twin Cities, a non-profit
corporation under the laws of Minnesota.
G. Recreational Programming. Recreation classes and programs for youth, adults, seniors
and the general public as outlined in Exhibit IV.
ARTICLE II: TERM OF AGREEMENT
The term of this Agreement will be five full calendar years, commencing on September 1,
2015 and continuing through August 31, 2020. This Agreement shall automatically renew for
two additional five-year terms under the terms and conditions set forth in the Agreement unless
either party gives written notice of termination to the other party at least one hundred eighty
(180) days before the end of the initial term or any subsequent term of this Agreement; such
termination may be made by either party without penalty or cause.
ARTICLE III: DUTIES AND RESPONSIBILITIES OF PARTIES
A. YMCA'S Duties and Responsibilities. YMCA shall perform professional services
within its expertise as shall be requested by City and shall provide ongoing management
assistance for City operations, administration, and development of the Rec Center and the
park and recreation programs of City. It is understood between the parties that such
services specifically may include, but are not limited to, the duties set forth in Exhibit II.
B. City's Duties and Responsibilities. The City agrees to provide the resources to maintain
the Rec Center and associated equipment and to provide or perform the duties set forth in
Exhibit III.
2
ARTICLE IV: COMPENSATION
A. Community Center and Recreation Programming Management.
The City will pay the YMCA in quarterly installments based upon annual compensation
of$258,682 beginning September 1, 2015. On January 1st of subsequent years, the annual
compensation and corresponding quarterly payments may increase by the Minneapolis /
St. Paul area Consumer Price Index ("CPI"), or successor index from the CPI at the
Commencement Date to the CPI immediately prior to such anniversary, plus 1.5%,
provided further that in no event shall such increase from one year to the next be less than
1.5% or exceed 4%.
For such compensation, the YMCA agrees to provide the programs and services outlined
in this agreement, and to provide the following:
1. The employees necessary to provide the services outlined in this contract,
including all costs associated with such employees. In addition to the direct
payroll costs, this shall include all costs associated with recruiting, hiring, training
and supervising such employees;
2. Office supplies, including but not limited to, copy paper, printer cartridges,
stationery, envelopes,postage, and fax machine;
3. Photo copier, computers, networked printer, Office suite software for compurtes
including operating systems, billed separate from the base cost above, as set forth
in Exhibit VI, Additional Technology Charges;
4. Registration software and annual support;
5. Any advertising other than that provided by the City;
6. Transportation and mileage;
7. Liability insurance;
8. First aid supplies;
9. Supplies and equipment for recreation programming, such as balls, bats, craft
supplies, etc.
3
B. Recreation Programming.
At the end of each calendar year under this Agreement, the annual surplus or deficit from
all recreation programming will be calculated as follows:
1. All revenues from Recreation Programming will be calculated. Revenues will
include any scholarships provided to participants by outside individuals, groups or
organizations, and any subsidies provided by the City or the YMCA in order to
offer any program.
2. All direct expenses of Recreation Programming will be subtracted. Direct
expenses will include:
a. Salaries and benefits for the staff directly involved in said programs; and
b. Supplies, equipment and other costs directly associated with said
programs.
3. An administrative charge of 12.5% on all direct expenses will be calculated and
subtracted.
4. The remaining balance will be that year's surplus or deficit.
In the event of an annual deficit, the deficit will be split equally between the City and the
YMCA. In the event of an annual surplus, such surplus shall be allocated as follows:
1. The first $25,000 shall be paid to the City to offset the City's costs associated
with the management of the Rec Center and to assist with capital expenditures,
such as flooring, furniture, HVAC systems, the roof, and other similar items at the
Community Center.
2. Any remaining surplus shall be split equally between the City and the YMCA.
However, upon mutual consent by the City and the YMCA, any or all of such
remaining surplus can be used to expand recreation programming or other
services in subsequent years.
C. Other Services.
The City will reimburse the YMCA on a quarterly basis for its costs associated with
providing the following services:
1. Ice skating supervision. Actual seasonal reimbursement shall not exceed $10,000
in 2015. Reimbursements in subsequent years may increase by the CPI as
provided for in Article IV A.
2. Event Center staff. Actual annual reimbursement for part-time event center staff
shall not exceed 10% of event center revenues.
4
Such reimbursement shall be in addition to the compensation in Article IV A above.
The YMCA's costs shall include all direct costs for such services plus a 12.5%
administrative charge.
The services outlined in this section (Article IV C) may be modified at any time by the
mutual written consent of both the City and the YMCA.
ARTICLE V: PERFORMANCE BOND AND INSURANCE PROVISIONS
A. Performance Bond. The City reserves the right to require, in its sole discretion, that
YMCA post a bond, certificate of deposit, or other similar instrument approved by the
City in an amount as the City reasonably deems to be adequate compensation for
damages resulting from YMCA's nonperformance of its obligations under this
Agreement. The City agrees to provide the YMCA with one hundred and eighty days
advance notice of its intent to require such bond, certificate of deposit, or other similar
instrument.
B. Insurance. YMCA will maintain in full force and effect, at its own cost and expense
during the term of the this Agreement the following insurance coverage:
1. Commercial General Liability Insurance with limits of:
$2,000,000 each occurrence;
$3,000,000 general aggregate.
Including coverage for products—completed operations and personal injury and
advertising liability.
This policy shall contain an endorsement adding the City of Mounds View as an
additional insured.
2. Standard Workers Compensation and Employers Liability with limits of:
Bodily Injury by Accident $500,000 each accident;
Bodily Injury by Disease $500,000 each employee;
Bodily Injury by Disease $500,000 policy limit.
3. The City of Mounds View shall be provided with a certificate of insurance for all
of the policies maintained pursuant to this Agreement that shall show the
described coverage including the City as an additional insured, and the certificate
providing 60 days notice to the City of Mounds View in the event of cancellation
or non-renewal.
4. All required insurance shall be with a company acceptable to the City.
5
ARTICLE VI: INDEMNIFICATION; IMMUNITIES
A. The YMCA shall defend, indemnify and hold harmless the City, the Mounds
View Economic Development Authority (the "EDA"), and their elected officials,
officers, employees, agents, and representatives, from and against any and all claims,
costs, losses, expenses, demands, actions or causes of action, including reasonable
attorneys' fees and other costs and expenses of litigation, which arise or purport to arise
out of this Agreement for services or goods provided by the YMCA hereunder.
B. Nothing in this Agreement shall be deemed to be a waiver by the City, the EDA
or their elected officials of any limitations on or immunities from liability set forth in
Minnesota Statutes, Chapter 466 or to which the City, the EDA or their elected officials,
officers, employees, agents and representatives are otherwise entitled.
ARTICLE VII: TERMINATION
A. Termination for Cause.
If the YMCA fails to perform any of the terms, conditions, or requirements of this
Agreement, the City may give the YMCA thirty (30) days written notice of such failure.
After receipt of the written notice, the YMCA will have up to thirty (30) days to correct
the problem, except that the City may in any case take immediate steps it determines are
necessary to correct the problem in order to protect the health, safety and welfare of the
City and the public prior to the end of the thirty (30) day period without affecting the
City's right to terminate the YMCA; and, provided further that the YMCA shall pay to
the City an amount equal to all City costs and expenses incurred in taking such action,
such payment to be made within 30 days of the City's written request to the YMCA for
such reimbursement. If the YMCA fails to correct the problem within the thirty (30) day
period, the City may terminate the Agreement by giving the YMCA sixty (60) days
written notice of such termination.
If the City fails to perform any of the terms, conditions or requirements of this
Agreement, the YMCA will give the City thirty (30) days written notice of such failure.
After receipt of the written notice, the City will have thirty (30) days to correct the
problem, except that the YMCA may in any case take immediate steps at the City's
expense to correct the problem in order to protect the health, safety and welfare of the
City and the public prior to the end of the thirty (30) day period without affecting the
YMCA's right to terminate the Agreement. If the City fails to correct the problem within
that thirty (30) day period, the YMCA may terminate the Agreement by giving the City
sixty (60) days written notice of such termination.
6
B. Termination by Mutual Consent
If both the YMCA and the City agree that this Agreement is not fulfilling the desired
results for both parties, this agreement can be terminated at a mutually agreed upon date
at least one hundred and eighty days into the future. Such a date shall be selected to cause
the least disruption to the operation of the Rec Center and to recreation programming.
The general reasons for terminating the agreement as well as the date of termination of
this Agreement must be documented and signed by both parties.
C. Termination by Either Party
Either the YMCA or the City can terminate this agreement by giving at least one hundred
and eighty days written notice of its intent to terminate the Agreement. If the YMCA
initiates the termination, the date of termination shall be selected to cause the least
disruption to the operation of the Rec Center and to recreation programming, but it must
be at least one hundred and eighty days but not more than two hundred and seventy five
days from the date of written notification.
ARTICLE VIII: MISCELLANEOUS PROVISIONS
A. Addresses and Notices. Any notice permitted or required to be given under this
Agreement must be in writing and shall be deemed to have been given if sent by certified
mail, postage prepaid, addressed as follows:
To the City: City Administrator
City of Mounds View
2401 County Road 10
Mounds View, MN 55112
To YMCA: Young Men's Christian Association of the Greater Twin Cities
2125 East Hennepin Avenue
Minneapolis, MN 55413
Such notice or other communication may be mailed by United States registered or
certified mail, return receipt requested, postage prepaid, and may be deposited in a United
States Post Office or a depository for the receipt of mail regularly maintained by the post
office. Such notices, demands, consents, and reports may also be delivered by hand or by
any other receipted method or means permitted by law. For purposes of this Agreement,
notice shall be deemed to have been "given" or "delivered" upon personal delivery
thereof or forty-eight (48) hours after having been deposited in the United States mails as
provided herein.
7
If either party has a change of address, that party must give written notice to the other
party of such change as provided herein. Any party failing to provide notice of a change
of address shall be deemed to have received any notice sent as provided above.
B. Amendment. This Agreement may be modified, renegotiated or otherwise amended at
any time only upon the mutual written consent of the YMCA and the City.
C. Assignment. This Agreement shall be binding upon the parties hereto and their
respective administrators, executors, successors and assigns. No assignment or attempted
assignment of this Agreement of any rights hereunder shall be effective, unless upon the
written consent of the YMCA and the City.
D. Authority. Each of the undersigned parties warrants it has the full authority to execute
this Agreement, the party is in good standing, execution is preempted by each party's
bylaws and authorized officers have signed this Agreement.
E. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. Any disputes, controversies, or
claims arising out of this Agreement shall be heard in the state or federal courts of
Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of
these courts, whether based upon convenience or otherwise.
F. Construction. In the event that any one or more of the provisions of this Agreement, or
any application thereof, shall be found to be invalid, illegal or otherwise unenforceable,
the validity, legality, and enforceability of the remaining provisions in any application
therefor shall not in any way be affected or impaired thereby.
G. Entire Agreement. This Agreement, any attached exhibits or addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and the
YMCA, and supersedes any other written or oral agreements between the City and the
YMCA. This Agreement can only be modified by a writing signed by City and YMCA.
H. Execution in Counterparts. This Agreement may be executed in counterparts by the
parties hereto.
Programming Equipment. Any program equipment purchased in conjunction with any
service provided under this contract by either the City or the YMCA shall become and
remain the property of the City. The YMCA agrees to provide reasonable maintenance
on all such equipment. At the end of this contract, any such equipment shall remain with
and be owned solely by the City.
J. Waiver. No failure by any party to insist upon the strict performance of any covenant,
duty, agreement, or condition of this agreement or to exercise any right or remedy
consequent upon a breach thereof, shall constitute a waiver of any such breach of any
other covenant, agreement, term, or condition, nor does it imply that such covenant,
agreement, term or condition may be waived again.
8
K. Work Products. All records, information, materials and other work products, except
those noted below, prepared and developed in connection with the provision of services
hereunder shall become the exclusive and confidential property of the City. No such
products shall be made available to any other individual or organization by the YMCA
without the prior written approval of the City. All YMCA personnel records associated
with personnel assigned under the terms and conditions of this Agreement shall be and
remain the exclusive property of the YMCA provided, however, that the YMCA shall
grant the City Clerk-Administrator and/or City Attorney to review such files upon given
at least five days notice of their intent to review such files.
L. Independent Contractor Status. All services provided by YMCA, YMCA's officers,
agents, and employees pursuant to this Agreement shall be provided by such persons as
an employee of the YMCA or as an independent contractor and not as an employee of the
City for any purpose, including but not limited to:
1. Income tax withholding;
2. Workers' compensation;
3. Unemployment compensation;
4. FICA taxes; and
5. Eligibility for employee benefits.
M. Data Practices Act Compliance. Data provided to YMCA under this Agreement shall
be administered in accordance with Minnesota Statutes, Chapter 13, and all data on
individuals shall be maintained in accordance with statutory guidelines.
N. Maintenance and Repair. The City shall be responsible for all maintenance and repairs
associated with the Rec Center as part of this Agreement.
0. Contracts, Utilities and Services. City and YMCA shall make contracts required for
electricity, gas, telephone, fuel, or water, and such other services as City and YMCA
shall deem necessary or prudent for the operation of the Rec Center and the City shall pay
such expenses.
P. Relationship of YMCA to City. The relationship of the parties to this Agreement shall
be that of principal and agent, and all duties to be performed by YMCA under this
Agreement shall be for and on behalf of City, in City's name, and for City's benefit. In
taking any action under this Agreement, YMCA shall be acting only as an agent for City,
and nothing in this Agreement shall be construed as creating a partnership,joint venture,
or any other relationship between the parties to this Agreement except that of principal
and agent. Neither party shall have the power to bind or obligate the other except as
expressly set forth in this Agreement, except that YMCA is authorized to act with such
additional authority and power as may be necessary to carry out the spirit and intent of
this Agreement.
Q. Indemnification Survives Termination. All representations and warranties of the
parties contained herein shall survive the termination of this Agreement.
9
R. Force Majeure. Any delays in the performance of any obligation of YMCA under this
Agreement shall be excused to the extent that such delays are caused by wars, national
emergencies, natural disasters, strikes, labor disputes, utility failures, governmental
regulations, riots, adverse weather, and other similar causes not within the control of
YMCA, and any time periods required for performance shall be extended accordingly.
S. Change in Key Personnel. If there is a personnel change in the YMCA's Chief
Executive Officer, Chief Operating Officer, or Emma B. Howe YMCA Executive
Director or in the City's Administrator or Finance Director, a meeting of said individuals
shall be held within forty-five (45) days to review the general terms and conditions of this
Agreement. In addition, if there is a change in two or more members of the City Council
of the City within a three month time period, the City may request a meeting with the
aforementioned individuals to review the general terms and conditions of this Agreement.
T. Invalidation of Particular Provisions. If any clause, term or provision of this
Agreement, or the application thereof to any person or circumstance shall to any extent,
be invalid, unenforceable, or not in compliance with state bond financed property
requirements, the remaining term of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law. It is the
intention of the parties hereto that in lieu of each clause, term or provision of this
Agreement that is illegal, invalid, unenforceable, or not in compliance with state bond
financed property requirements, there be added as part of this Agreement a clause, term,
provision, or state bond financed property requirement similar to such illegal, invalid or
unenforceable clause, term, provision, or state bond financed property requirement as
may be possible and would be legal, valid, and enforceable.
U. Continuance of Rec Center/Governmental Program. This Agreement shall be subject
to termination in the event the City discontinues operation of the Rec Center or the
Governmental Program as set forth in Article IX.
10
ARTICLE IX- STATE BOND FINANCE PROPERTY
ACKNOWLEDGEMENT AND COMPLIANCE
The City and YMCA acknowledge that funding for a portion of the Community Center
was obtained through a grant from the State of Minnesota's Department of Children, Families
and Learning, and as such, the Community Center is considered state bond financed property.
The following requirements contained within this Agreement are included to satisfy the state
bond finance property requirements of Minnesota Statutes Section 16A.695 for Use Agreements,
to comply with the requirements contained in the G.O. Compliance statutes, and pursuant to the
Commissioner's Order.
A. Entity Status. The City is defined as a public entity organized as a charter city pursuant
to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal corporation.
B. Community Center Ownership. The Community Center is owned solely and
completely by the City of Mounds View.
C. Agreement Authority. The City has entered into this Agreement with the YMCA
pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal
Charter and Municipal Code.
D. Governmental Program. This Agreement is (i) being executed and entered into to carry
out a Governmental Program, (ii) such Governmental Program is the City of Mounds
View Parks and Recreation Program, including the operation of the Community Center
and its accompanying facilities, as well as the parks within the City and general
recreational programming within the City; and (iii) such Governmental Program
constitutes the Mounds View Parks and Recreation Program and is authorized pursuant to
Municipal Charter Section 6.02, Subdivision 1, Municipal Code Section 106.05 and
Chapter 405, and Minnesota Statutes Section 471.15.
E. Governmental Program Oversight. Oversight of the Governmental Program by the
City is provided by the requirement, hereby agreed to by the parties that the YMCA
provide City the right to inspect and audit YMCA's books and records for its portion of
the governmental program, with each such review to show the program budget, revenues
and expenses.
F. Term of the Use Agreement. As the Community Center consists of land and buildings,
the term of this Agreement as provided herein relating to the building and improvements,
and including all renewals which are solely at the option the YMCA, is for a period of
time which is less then 50% of the useful life of the Community Center.
11
G. Termination of the Use Agreement. This Agreement allows for termination by the
City, pursuant to Article VII, in the event of default hereunder by the YMCA. The
termination of this Agreement is also allowed by the City, pursuant to Article VIII.U., in
the event that the Governmental Program, the City's parks and recreation program, is
terminated or changed.
H. Cost of Operation of the Facility ("Community Center"). The City possesses specific
statutory authority pursuant to Minnesota Statutes Section 471.15, the City's Municipal
Charter Section 6.02, Subdivision 1, and the City's Municipal Code Section 106.05 and
Chapter 405, to expend monies to operate and maintain the Community Center.
I. Receipt of Monies/Compliance with Tax Code. It is contemplated and understood by
the parties to this Agreement, that the City's operation of the Community Center is in
compliance with the tax code.
J. Sale of the Facility (Community Center).
1. This Agreement is free of any provisions, which would require the City to sell the
Community Center for an amount less than the fair market value if it is to be sold
to a non-public entity.
2. This Agreement is free of any provisions which would allow the City to sell the
facility without the City first determining, by official action, that the Community
Center is no longer usable or needed to carry out the Governmental Program.
3. This Agreement is free of any provisions which would require the City to sell the
Community Center without first obtaining the written consent of the
Commissioner of Finance, pursuant to Minn. Statutes Section 16A.695,
Subdivision 3, and the Commissioner's Order.
4. This Agreement is free of any provisions which would cause the matter of
distribution of the proceeds of the sale of the Community Center, which is not
provided for nor contemplated in this Agreement, to violate the provisions
contained in the G.O. Compliance Bill and the Commissioner's Order (Minn.
Statutes Section 16A.693, Subdivision 3 and the Commissioner's Order).
5. Other than contained in this Article, this Agreement contains no provisions
concerning the sale of the Community Center or, other than contained in Article
VIII.U.,the termination of the Governmental Program.
12
IN WITNESS WHEREOF, City and YMCA have executed this Agreement the day and
year first above written.
CITY
Dated: By:
Joe Flaherty
Its: Mayor
Dated: By:
James Ericson
Its: City Administrator
YMCA
Dated: By :
Todd Tibits
COO
This document drafted by:
Kennedy&Graven, Chartered(SJR)
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612)337-9300
13
Exhibit 1
Mounds View Park and Recreation Facilities
City Hall & Park - 2401 County Road 10
Picnic shelters and amenities, softball diamonds, volleyball courts, soccer/football fields, and
playground equipment.
Community Center- 5394 Edgewood Drive
Lounge, lobby, fitness room, meeting rooms, event center, gymnasium, and outdoor basketball
court.
Greenfield Park- 2335 Knoll Drive
Baseball diamond, tennis and basketball courts,playground equipment and trails.
Groveland Park- 2815 Ardan Avenue
Park building,picnic amenities, ball diamond, tennis and basketball courts, playground
equipment and general skating.
Hillview Park- 7901 Greenwood Drive
Park building, picnic amenities, ball diamond, basketball courts, soccer/football fields,
playground equipment, hockey rink and general skating.
Lambert Park—5324 Jackson Drive
Park building, picnic amenities, ball diamond, soccer/football fields, playground equipment,
hockey rink and general skating.
Oakwood Park—5590 Quincy Street
Playground Equipment, soccer and football fields.
Random Park- 5214 Long Lake Road
Park building,picnic amenities, playground equipment, and basketball hoop.
Silver View Park—2700 County Road I
Picnic shelters and amenities, softball diamonds, basketball, horseshoe and volleyball courts,
soccer/football fields,trails, sliding hill, disc golf and playground equipment.
Woodcrest Park—2752 Woodcrest Drive
Playground equipment and one bench.
Joint facilities
Lakeside Park- 7840 Pleasant View Drive
Park building,picnic shelter and amenities, softball diamonds, volleyball courts, soccer/football
fields,playground equipment and trails.
14
EXHIBIT II
DUTIES AND RESPONSIBILITIES OF YMCA
1. General management assistance for the coordination of the Rec Center and the park and
recreation programs within the City.
2. Develop appropriate forms, brochures, and administrative procedures, the preparation of
routine correspondence, and all relevant record-keeping functions associated with such
matters.
3. Assist with and provide for financial administration including bookkeeping and
accounting functions, and the preparation of quarterly and annual financial reports.
Quarterly and annual reports of accounting program activity and revenue shall be
provided.
4. Use reasonable efforts to develop, market and promote the Rec Center and recreation
programming in the City. An annual marketing plan shall be reviewed by the YMCA
Advisory Committee during the first quarter of each calendar year.
5. Maximize quality service goals for the Rec Center by executing marketing strategies,
providing quality service to customers, and employing leadership and managerial skills
effectively.
6. Assist the City in developing five-year capital improvement plans for the Rec Center and
City parks in conformance with City Charter requirements. The improvement plans will
include building and equipment maintenance, replacement and/or enhancements. The
YMCA shall assist the City in obtaining cost estimates for such improvements, and in
preparing an implementation plan for the following year.
7. Operate and manage the Rec Center and parks at scheduled times and provide all
recreation programming in accordance with all federal, state, and local laws, regulations,
ordinances, and City polices. The YMCA will obtain all permits, licenses, and
certifications necessary to ensure compliance with all federal, state and local laws,
regulations and ordinances provided, however, that the City will pay for all general
permits, licenses and certificates necessary for operating the Rec Center and park
facilities.
15
8. The YMCA will operate and manage the Event Center, including the hiring of an exempt
full-time Event Center Director plus part-time staff as necessary. The parties agree to the
following in regard to the Event Center:
A. Event Center Director will be hired by the YMCA to manage the Event Center,
provide tours, answer phone calls and make reservations. This is based off of a
40-hour week.
B. YMCA will be required to have a representative at the Event Center during events
and shall be responsible for locking the facility after hours.
C. Event Center Director will market the Event Center within the allotted budget
provided by the City.
D. The YMCA will manage the event set-up and clean-up. These hours will be
reimbursed by the City on an as-needed basis at an agreed-upon per-hour wage,
not to exceed an annual amount as specified in Article IV, Section C.
9. The YMCA and the City shall establish procedures to handle complaints regarding the
operation of the Rec Center, the parks and the providing of recreation services which
shall be incorporated into this document as Exhibit V. The YMCA shall promptly
furnish the City with a copy of all written complaints it receives. The YMCA shall
provide quality customer service equal to or exceeding the level of service provided by
the YMCA to its customers at its regular facilities.
10. Maintain the following public hours for the Rec Center:
September through May
Monday through Friday 8 am to 9 pm
Saturday 8 am to 10 pm
Sunday 10 am to 8 pm
June through August
Monday through Friday 8 am to 7 pm
Saturday 8 am to 6 pm
Sunday Closed
The YMCA shall monitor and report the Rec Center's usage to the City. The hours of
operation may be modified upon mutual agreement between the YMCA and the City.
Any such adjustment could result in the modification of the compensation paid by the
City to the YMCA.
16
The Rec Center shall be closed for the following holidays: Easter, Memorial Day,
Independence Day, Labor Day, Thanksgiving and December 25. In addition, there will be
reduced hours on December 24 and December 31.
The Rec Center may be closed for up to seven additional, mutually agreed upon, days in
any one year for cleaning, maintenance and/or repairs of items, including, but not limited
to resurfacing hardwood floors, cleaning carpets, etc.
If City Hall is closed due to inclement weather, the YMCA can elect to close the Rec
Center. In addition, the YMCA may request to close the Rec Center due to inclement
weather at other times and the City Administrator or the City Administrator's designee
shall have the authority to approve or deny any such request.
12. Make every effort to keep the Rec Center and parks open for use at scheduled times by
giving the City prompt notice of any maintenance issues and by working with the City to
schedule maintenance and repairs at times that will cause the least disruption to the
operations at the Community Center and parks. Monitor Rec Center users to ensure that
they do not perform acts that will disrupt current and/or future activities at the
Community Center.
13. To establish and enforce a dress code for employees and volunteers. If uniforms are to be
a component of the dress code, logos may be included on such uniforms, provided
however, that if YMCA logo is included, a Mounds View City or Community Center
logo of similar or larger size and prominence must also be included.
14. Recruit, hire, train, assign and schedule staff and monitor their performance. Part-time
employees shall be hired to adequately staff recreation programs, and to cover front-desk
operations.
15. Provide the personnel necessary to market, manage and operate the Rec Center and
recreation programming. The YMCA shall maintain an adequate level of staffing at all
times in order to serve the public. The YMCA agrees to comply with all applicable
federal, state and local laws, resolutions, ordinances, rules, regulations and executive
orders pertaining to unlawful discrimination on account of race, color, creed, religion,
national origin, sex, marital status, age, or status with regard to public assistance and
other prohibited classification.
16. Maintain workers' compensation insurance in compliance with all applicable statutes,
and professional, automobile, contract, and general liability insurance in amounts and in
forms satisfactory to the City as required by Article V of this Agreement. The YMCA
agrees to provide the City with a copy of its Certificate of Insurance. The YMCA agrees
to provide liability insurance for programs offered. The YMCA agrees to provide
property insurance for any YMCA owned equipment that is used while providing
services under this contract.
17
17. Provide supervision to oversee the day to day operations, including, but not limited to,
overseeing the marketing, scheduling, reservations for programs, parks, equipment,
ballfields, etc., and day to day operating procedures for the Rec Center and recreation
programming.
18. At least one YMCA representative shall be at the Rec Center whenever the Rec Center is
open to the general public or wherever a program or activity is taking place at the Rec
Center. Two or more YMCA staff members must be on duty at closing. The YMCA will
be responsible for ensuring that the building is empty and locked prior to leaving.
19. Inform the City of any problems with the custodial service or any additional custodial
services that are needed.
20. The YMCA may provide input into vendors and products to be offered through vending
services, but acknowledges that the City shall have the right to enter into exclusive
agreements for some or all of such products.
21. The YMCA shall have the right to offer City-approved merchandise such as clothing or
athletic supplies for sale.
22. Develop program descriptions and prepare brochures and other promotional materials.
Provide the City with camera ready material for promoting Mounds View programs and
facilities for inclusion in at least four Mounds View Matters newsletters. If the City
publishes additional newsletters, the YMCA may request space for additional
promotional materials and will provide such material in a camera-ready format.
23. Take reservations for Rec Center and Parks and recreation programs. Schedule events
and facilities, and maintain a master engagement calendar showing all reservations and
events.
24. Develop and maintain systems to ensure adequate internal controls and accurate timely
reporting of financial information. Such systems are subject to the review and approval
of the City.
25. Develop fees, charges and/or deposits for programs, equipment and facilities. Such fees,
changes and/or deposits shall be set and modified in consultation with the City.
26. Collect fees, charges and/or deposits for programs, equipment and facilities.
27. Record all fees, charges, deposits and outlays in a form acceptable to the City. The City
shall be able to review any YMCA records relating to its activity under the contract. By
June 30, the City shall be provided with an audited financial statement for the YMCA for
the previous year. If the City requests a separately audited report for the services
provided under this contract, it agrees to reimburse the YMCA for such costs.
18
28. To offer core programming in youth development, healthy living, and social
responsibility from the suggested lists on Exhibit IV. The YMCA shall review
registrations and associated costs for each program prior to providing the program. If the
program is projected to operate at a loss, the YMCA shall have, upon giving the City
notice, the option to cancel the program unless the City is willing to provide the resources
to offset the deficit of the program or to offer the program at a loss. All participants
registered for a cancelled program shall be notified in advance of the cancellation as soon
as may be practicable.
29. To develop and maintain contacts with athletic associations, community education,
school districts, cities, and other entities to promote programs and to form cooperative
ventures for providing recreation programming and services.
30. To immediately notify City representatives of any issues or problems relating to the
HVAC system or other facility maintenance concerns.
31. To work with seniors and volunteers whenever possible to assist with programming and
services.
32. Provide any computer(s) and software for use at any location other than that provided by
the City and/or for any special applications. Special applications are any application
other than word processing, spread sheets, reservations, or email.
33. Work with community groups, businesses and individuals to explain the mission of the
Rec Center, the parks and recreation programming and to solicit contributions to assist in
achieving the mission, to assist in achieving the mission, and to assist disadvantaged
individuals.
34. Affirms, that to the best of its knowledge, its involvement in this Agreement does not
result in a conflict of interest with any party or entity, which may be affected by the terms
of this Agreement. The YMCA agrees that, should any conflict or potential conflict of
interest become known, the YMCA will immediately notify the City of the conflict or
potential conflict.
35. Provide the City Administrator with an opportunity for input into the hiring and/or
assignment of full time personnel to be assigned to fulfill the terms and conditions of this
Agreement.
36. Meet monthly or as otherwise needed with the City's Park& Recreation Commission and
YMCA Advisory Committee.
19
EXHIBIT III
DUTIES AND RESPONSIBILITIES OF CITY
1. Maintain property insurance in accordance with limits established by Minnesota statutes.
2. Establish an advisory committee to make recommendations to the City Council regarding
operations at the Rec Center. The committee will be comprised of the Emma B. Howe
YMCA Executive Director and the YMCA Program Directors, Event Center Director, a
representative from the Park and Recreation Commission, the City Administrator, City
Finance Director, two City Council members or appointees, and two citizens appointed at
large, and will meet at least semi-annually.
3. Permit the YMCA to use specialized equipment owned by the City for special projects at
the Rec Center, provided that such equipment is available and the YMCA provides
adequate advanced notice for scheduling of such equipment. In addition, the City shall
provide the following equipment at the Rec Center for day to day use by the YMCA:
a. Desks or work surfaces from which to conduct day to day operations for the two
Program Directors and the Event Center Director, in addition to apart-time staff at
the public counter; and
b. Phone lines, voice mail and equipment for at least six voice mailboxes.
4. Adopt an annual budget and a five-year capital improvement plan for the Community
Center on or before December 31' for the subsequent year. In addition, work with the
YMCA to develop and implement the capital improvement plan for the subsequent year.
5. Budget and provide resources for the following:
a. Printing and distributing of at least four recreation programming guides to be
included with the City's newsletter;
b. Provide custodial services and cleaning supplies, light bulbs, trash bags, soap,
paper towels, and toilet paper for restrooms;
c. Provide and clean rugs for entry ways;
d. Clean all carpet twice a year;
e. Maintain HVAC systems;
f. Resurface gym floor not more than once per year;
g. Provide all utility services including electricity, natural gas, water, wastewater,
street lighting, surface water, recycling, and garbage hauling;
h. Chalk softball and other fields.
i. Maintain City-owned office equipment including computers, printers, copier(s),
and fax machines;
j. Provide outside maintenance of grounds and parking lot, including snow plowing
of parking lot and sidewalks. Sidewalks will be shoveled by the City when
accumulated snowfall in a 12 hour period is greater than two inches, or as usage
of the building requires;
20
k. Maintenance of other park facilities including building and ground maintenance,
maintenance of softball fields and fences, hockey rinks, etc.;
1. Provide at least one public telephone;
m. Provide portable toilets at selected parks during non-winter months; and
6. Allow the YMCA to place its logo, along with the City's logo, on stationery for the
Community Center and in brochures for recreation programming.
7. Upon receiving notice from the YMCA, the City will repair HVAC, plumbing, or other
mechanical problems as soon as practicable in the manner that will cause the least
disruption to the Rec Center and the entire Community Center.
21
EXHIBIT IV
MINIMUM PROGRAMS TO BE OFFERED
Youth Development:
Youth Sports
Youth Arts
Summer Programs
Teen Programming
Family Programming
Swimming
Healthy Living:
Exercise Classes
Active Older Adult Programming
Other:
Community Outreach
Community Events
22
EXHIBIT V
PROCEDURE FOR HANDLING COMPLAINTS
Complaints related to facility and parks:
• All facility and park complaints will be e-mailed to the City Administrator with the
expectation the situation will be handled in a timely fashion.
Community Center Program/Service Complaints:
• When disputes and differences arise, staff members are encouraged to try and resolve the
situation with the participant.
• If the situation is more difficult to resolve the Community Center Program Director will
inform their immediate supervisor who will work with the participant to come up with a
resolution and closure to the situation.
• If a resolution is not achieved at this point the City Administrator will be advised of the
situation.
Staff Complaints:
• Complaints regarding YMCA staff received by the City Administrator or the City
Council will be forwarded to the Executive Director at the Emma B. Howe YMCA.
Action according to the YMCA Human Resources Standard Operation Procedures will be
followed depending on the situation. A follow up with the City Administrator will occur,
but all of the information may not be shared because of privacy issues.
23
EXHIBIT VI
ADDITIONAL TECHNOLOGY CHARGES
Annual Copier Costs: $2,100
Annual Computer Costs: $ 835
Total: $2,935
24