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HomeMy WebLinkAbout2020-11-02-J04 28E Agreement_Waukee Family YMCAAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 2, 2020 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between Waukee Family YMCA and the City of Waukee, Iowa FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The proposed agreement has been drafted by the City Attorney. The YMCA of Greater Des Moines board has approved the agreement and is prepared to sign once approved by council. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II.28E Agreement PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J4 THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING 28E AGREEMENT BETWEEN WAUKEE FAMILY YMCA AND THE CITY OF WAUKEE, IOWA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City seeks to encourage and have available exercise and recreational programing to promote the overall physical fitness, health, and nutrition of all persons living in the City; AND, WHEREAS, the Waukee Family YMCA operates a facility which includes a swimming pool, various indoor basketball, volleyball and other sport courts and programing within the City; AND, WHEREAS, the City desires to provide assistance to underprivileged residents within the city limits in the City to assure that adequate exercise, sports and recreational opportunities continue to exist for the underprivileged; AND, WHEREAS, the Waukee Family YMCA and the City desire to enter into an agreement pursuant to Iowa Code Chapter 28E creating a cooperative contractual relationship to assure that underprivileged youth are afforded exercise, sports and recreational opportunities and to assure the endeavor serves this very important public purpose; AND, WHEREAS, legal counsel for both entities have reviewed the proposed 28E agreement and find it satisfactory; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves the 28E Agreement between the Waukee Family YMCA and the City of Waukee, Iowa. Passed by the City Council of the City of Waukee, Iowa, and approved the 2nd day of November, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 28E AGREEMENT BETWEEN WAUKEE FAMILY YMCA AND THE CITY OF WAUKEE, IOWA THIS 28E AGREEMENT (“Agreement”), dated the ____ day of _____________, 2020, is by and between the YMCA OF GREATER DES MOINES d/b/a Waukee Family YMCA (“Agency”) and the CITY OF WAUKEE, IOWA (“City”). WHEREAS, the Agency is a private agency as defined in Iowa Code Section 28E.2, and is a nonprofit corporation duly formed and existing pursuant to the laws of the State of Iowa; and WHEREAS, the City is a public municipal corporation duly formed and existing pursuant to the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, Iowa Code Chapter 28E authorizes public agencies to enter into agreements for joint or cooperative action with public or private entities; and WHEREAS, it is widely recognized that the benefits of youth sports participation, physical activity, and a nutritious diet helps create habits that support a healthy lifestyle and improve the overall health of the American people; and WHEREAS, exercise and recreation benefit people of all ages and are critical in the prevention of a multitude of health issues, including but not limited to obesity, diabetes, cardiac diseases to name a few; and WHEREAS, the President of the United States, in Executive Order 13265 - Amended February 26, 2018 - President's Council on Sports, Fitness & Nutrition, determined that good health, including physical activity and proper nutrition, supports Americans’, particularly children’s, well-being, growth, and development. Participating in sports allows children to experience the connection between effort and success, and it enhances their academic, economic, and social prospects. Many of America’s leaders attribute their lifetime achievements to lessons learned through sports participation and athletic activity. Additionally, youth sports help working parents and guardians by providing their children opportunities to engage in productive, positive activities outside of school. Unfortunately, during the past decade youth participation in team sports has declined. As of 2016, only 37 percent of children played team sports on a regular basis, down from 45 percent in 2008. Particularly troubling is that sports participation disproportionately lags among young girls and children who are from economically distressed areas; and WHEREAS, the City seeks to continue to encourage and have available exercise and recreational programing to promote the overall physical fitness, health, and nutrition of all persons living in the City; and WHEREAS, the Waukee Family YMCA operates a facility which includes a swimming pool, various indoor basketball, volleyball and other sport courts and programing within the City; and 2 WHEREAS, the City desires to provide assistance to underprivileged residents within the city limits in the City to assure that adequate exercise, sports and recreational opportunities continue to exist for the underprivileged; and WHEREAS, the Agency and the City desire to enter into an agreement pursuant to Iowa Code Chapter 28E creating a cooperative contractual relationship to assure that underprivileged youth are afforded exercise, sports and recreational opportunities and to assure the endeavor serves this very important public purpose. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement the Agency and the City agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the terms and conditions on which the City may make financial support, in amount(s) determined by the City in the City’s sole discretion, available to the Agency, and the Agency will utilize such contributions, if any, to provide financial assistance to qualifying residents of the City of Waukee for exercise, sports and recreational opportunities offered at the Agency. This Agreement is being made to delineate the respective obligations of the City and the Agency as to the use of any such contributions by the City to the Agency. 2.Duration. The term of this Agreement will commence upon the date the Agreement is filed with the Secretary of State following approval and execution by both parties. This Agreement will thereafter remain in effect until it is terminated pursuant to the termination provisions set forth herein. 3.Administration. No separate legal or administrative entity or joint board will be established by this Agreement. The City Administrator of the City and the Director of the Agency will be designated as the administrators of the Agreement for the purpose of Iowa Code Section 28E.6. No joint budget will be established or maintained for the purpose of carrying out the terms of this Agreement. 4.City Participation. In the event that the City provides funding to the Agency, such contribution(s) shall be held in a separate account and administered to qualifying residents of the City of Waukee for financial assistance based on the criteria established by the Agency for financial assistance provided by the Agency. Such criteria shall be provided to the City prior to any contribution. 5.Agency Services. The Agency will financial assistance for membership and sports and recreational programming provided by Agency at its facilities in Waukee available to qualifying residents at no additional cost to the City beyond contributions made by the City to the Agency as the City may determine in its sole discretion. The Agency will provide its programs to qualifying City residents who are in need of, and desire, membership and programs on the same terms and conditions as it would otherwise provide such programs to non-qualifying members/participants. 3 A.The Agency will provide the City quarterly reports reflecting the address, number of family members receiving scholarships under the program, and other qualifying demographic information requested by the City, and the amount of scholarships received by any such participants. B.All funds received from the City should be accounted for separately from other funds held by the agency and should be only utilized for scholarships to qualifying recipients as provided in this agreement. C.Upon request by the City, the Agency shall make available an accounting of funds received and expended in connection with this Agreement and pursuant to the program. D.The Agency will carry workers compensation insurance covering its employees and if necessary, volunteers, in amounts established by law. E.The Agency’s officers, employees, volunteers, contractors and staff members shall be the Agency’s responsibility and shall be in no way considered officers, employees, volunteers, contractors and staff members of the City. F.The Agency will carry liability insurance for the protection of the Agency arising out of any actions, or inaction, of the Agency or its officers, employees, volunteers or contractors, in any way arising from its performance, or non-performance, of their obligations under this Agreement. The Agency’s liability policies will have limits of not less than $1,000.000.00 per occurrence and $3,000,000.00 aggregate. 6.Termination. A.Termination with or without cause. Either party may terminate this Agreement at any time with or without cause by giving written notice to the other party, provided that written notice of the termination is given by the terminated party to the non- terminating party at least 30 days prior to the effect of the termination. B.Agreement to terminate. This Agreement may also be terminated at any time by written agreement of the parties. C.Disposition of property upon termination. Upon termination of this Agreement, any monetary proceeds received by the Agency and not allocated to qualifying scholarships as of the date of termination shall be returned to the City. No real or personal property will be acquired or held for the purposes of this Agreement, except to the extent provided herein as it pertains to the return of monetary proceeds remaining as of the date of the termination. The Agency and the City will each retain sole ownership, possession and use of their respective property. 7.Compliance. Each party agrees that it will comply with all Federal, State and Local laws and regulations applicable to its performance under this Agreement. 4 8.Status of the parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement will be construed to create a partnership, association or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and will remain that of independent parties to a cooperative contractual relationship. In no event with neither party be liable for the debts or obligations of the other party. 9.Notices. All notices and other communications to be given under this Agreement will be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: To the Agency: ____________________ Attn: Executive Director __________________ Waukee, IA 50263 To the City: City of Waukee Attn: City Administrator 230 W. Hickman Road Waukee, IA 50263 10.Form/Law. The parties consent to the jurisdiction of the Iowa District Court in and for Dallas County for all matters relating to this Agreement and agree that this Agreement will be governed by the laws of the State of Iowa. 11.Severability. If any provision of this Agreement is held illegal or invalid, the illegality or invalidity of such provision will not affect any of the remaining provisions and this Agreement will be construed and enforced as if such illegal or invalid provision had not been contained herein. 12.Waiver. The failure of either of the parties to enforce any right or provision under this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In addition, no waiver of a party's right or remedy will affect the other provisions of this Agreement. 13.Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party will be liable to the other for failure to comply with any obligation under this Agreement if such party is prevented from doing so by reason of events beyond the reasonable control of the party. 14.Assignment. Neither party may assign any right or obligation under this Agreement, in whole or in part, without the other party' s prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assignees. 5 15.No Third Party Beneficiaries. This Agreement is entered into by and between the parties hereto for their benefit. There is no intent by any party to create, imply, or establish a third party beneficiary or status or rights in any person except as expressly set forth in this Agreement, and no such third party will have any right to enforce any benefit created or established under this Agreement. 16.Entire Agreement. This Agreement supersedes all previous agreements, amendments, arrangements, and understandings between the parties with respect to the subject matter hereof and constitutes the entire agreement between the parties. 17.Amendments. This Agreement may be amended by a written instrument approved and executed by the District and the City and filed with the Iowa Secretary of State in accordance with Iowa Code Section 28E.8. IN WITNESS WHEREOF, this Agreement has been approved by appropriate action and duly executed by the parties on the dates written below. _________________________, INC. CITY OF WAUKEE ___________________________ ________________________ By: _______________ By: Courtney Clarke Its: Executive Director Its: Mayor Date: ____________________ Date: ____________________ ATTEST ATTEST ________________________ ________________________ By: _______________ By: Becky Schuett Its: _______________ Its: City Clerk Date: ____________________ Date: ____________________