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HomeMy WebLinkAbout5.C.1. Lions Park Ice Resurfacer Use Agreement I 5. c. /, C~~~~\~~~r CITY OF SHAKOPEE .. "uT~~H.:~l~ . MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Director of Park, Recreation & Natural Resources Meeting Date: December 4, 2007 Subject: Lions Park Ice Resurfacer Use Agreement INTRODUCTION City Council is asked to enter into a use agreement for an Ice Resurfacer to be used at Lions Park by the Shakopee Youth Hockey Association. BACKGR~UND On May 5 1995 the City of Shako pee received a donation of an Olympia 2000 ST -95 ice resurfacer from the Shakopee Youth Hockey Association, at a value of approximately $50,000. The City has operated and maintained the Olympia for the past 12 years. We recently purchased a new Olympia Ice Resurfacer. As part of the planning process of purchasing the new ice resurfacer It was the decision of staff to keep the 12-year old machine In the event of an emergency due to mechanical failure of the new machine. The City has in the past allowed the Shakopee Youth Hockey Association to store and use there own ice resurfacer during the winter months at the Lions Park outdoor hockey rink in order to maintain the ice during there outdoor practice times. Their current machine is old and worn down and staff would like to allow the Hockey Association to use the Olympia 2000 St-95 machine at the Lion's Park outdoor rink for their practices and special events. The City would still maintain ownership and maintenance of the Olympia 2000 St-95. In addition, the City would monitor the use of the machine and properly train the individuals designated by the Shakopee Youth Hockey Association to drive the ice resurfacer. RECOMMENDATION The City currently holds other agreements with the Shakopee Youth Hockey Association and has maintained a good working relationship. I recommend entering into the agreement for a two-year period. The Shakopee Youth Hockey Association has been presented with the agreement and supports It. VISIONING RELATIONSHIP This insures a high quality Ice surface to support the local hockey program as well as provide programming space that Is available for kids to use outdoors to enhance their physical and social skills. With this in mind, this action appears to meet the following aspects of the City's vision: Goal: Great Place for Kids to Grow Up Strategies: Enhance Physical, Mental, Spiritual Health , REQUESTED ACTION If City Council concurs, move to authorize: 1. Entering into a use agreement with Shakopee Youth Hockey Association to operate the Olympia 2000 St-95 Ice Resurfacer at Lions Park Outdoor Rink through November 30, 2009. ~~~ J mie Polley Director-Parks, Rec. & Natural Resources ,. --- SHAKOPEE YOUTH HOCKEY ASSOCIATION ICE RESURFACER USE AGREEMENT FOR LIONS PARK OUTDOOR HOCKEY RINKS 2007-2009 This agreement made and entered into this day of ,2007, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "CITY") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA"). WITNESSETH: Whereas, the City owns a 1995 Olympia Ice Resurfacer, which was previously used by the City at the City's indoor ice arena; Whereas, the City has purchased a new ice resurfacer for use at the ice arena; Whereas, the City operates an outdoor ice rink at Lions Park that is used by SYHA for its youth hockey activities; Whereas, the CITY is willing to allow SYHA to use the 1995 Olympia Ice Resurfacer equipment at the Lions Park Outdoor rink; and Whereas, SYHA wishes to provide resurfacing services at Lions Park Outdoor rink in order to provide a quality ice surface for the ongoing practices and for the overall support of youth hockey in the community; and Now, therefore, in consic;leration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SYHA A. SYHA agrees to use the ice resurfacer to provide full and complete ice resurfacing services at Lions. Park from January 1, 2008 through February-29, 2008 and from January 1, 2009 through February 28, 2009, weather conditions permitting. The CITY may request SYHA to provide these services at additional times and SYHA shall meet these requests, if given two weeks notice by the City. B. SYHA agrees that it will not perform any maintenance or modifications on the ice resurfacer and must notify the Ice Arena Operations Manager of any mechanical failure or safety concern within 1 hr of learning about them. C. The SYHA agrees to allow the City use of the Lions Park ice resurfacer in the event that the ic~ resufacer located at the Ice Arena is under repair. D. SYHA agrees to provide all drivers and other personnel for its Ice Resurfacer operations and participate in the City's training session of those personnel in the use of the Ice Resurfacer. SYHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the CITY and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the CITY with respect to any services performed under this agreement. Such personnel or other personnel associated with SYHA shall not be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. E. On or before December 30th of each year, SYHA shall participate with the CITY in a training session in the operations of the ice resurfacer given by the City of Shakopee Ice Arena Operations Manager. All operators of the Ice Resufacer must attend the training session set forth in order to operate the Resurfacer. F. SYHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall defend, indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SYHA, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by SYHA arising out of SYHA's use of the ice resurfacer or arising out of any of SYHA's obligations under this agreement.. G. SYHA agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000 general aggregate, and fire/property damage in the amount of $100,000 per occurrence. The required insurance certificate must name the City of Shakopee, its officials, agents, employees, and volunteers as additional insured. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the CITY will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the QITY 30 days prior to the expiration date of coverage. All insurance must be provided at SYHA expense and at no costs to the CITY. H. SYHA may terminate this agreement upon thirty (30) days written notice to the City. I. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting Qiscrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SYHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. 2 J. SYHA agrees to comply with the Americans with Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The CITY agrees to provide training on or before December 30th of each year given by the Ice Arena Operations Manager and to perform timely maintenance and all maintenance to the 1995 Olympia Ice Resurfacer,_subject to the availability of the Ice Arena Operations Manager. B. The CITY may immediately terminate this agreement in the event that SYHA operates the ice resufacer with non-trained personal or performs maintenance on the ice resurfacer or fails to provide resurfacing services in accordance with scheduled events or otherwise fails to perform its duties under this agreement. C. The City agrees to give the SYHA 1 hr notice of removal and use of the ice resurfacer located at Lions Park in the event that the ice resufacer located at the Ice Arena is under repair. If repair of the resurfacer will be more 24hrs the City will notify the SYHA the estimated date of repair. D. The CITY may terminate this agreement upon thirty (30) days written notice to SYHA for any reason other than stated in II.B. III. JOINT DUTIES AND RIGHTS A. SYHA and the CITY agree to work to develop a security plan for controlling access to the ice resufacer room. This plan will designate which SYHA personnel will be issued keys to the ice resufacer room. Individuals on this list may not transfer their keys to other individuals without prior approval by the CITY. The plan will also designate which CITY staff will have access to the ice resufacer room for conducting building maintenance, inspections, etc. B. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 3 C. This Agreement shall commence upon execution by both parties, and shall terminate on November 30th, 2009, unless otherwise provided for as in Section I.H. D. This Agreement shall not be assignable except by the written consent of the CITY. E. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor City Administrator President City Clerk 4