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HomeMy WebLinkAboutItem 07Lrrhlc Memorandum To: Mayor, City Council & City Administrator From: Brett Altergott, Parks & Recreation Director'-Z.,:r< Date: September 20, 2013 Subject: Joint Powers Agreement with ISD #194 City of Lakeville Parks & Recreation In late May, staff from the City and ISD #194 were asked to review the Joint Powers Agreement (JPA) for the shared use of buildings and grounds for recreational, instructional and meeting purposes. Over the course of the past few months, the Parks and Recreation Department and Community Education Department worked together in the review and modification of the current document approved by the City Council and School Board in 2006. Below is a list of recommended revisions: 1. Under "Use of District Buildings and Grounds" and "Use of City Buildings and Grounds, the listing of specific facilities would be removed. This simplification allows the parties to request any buildings or grounds available to the public subject to availability. This JPA would not supersede any site specific JPA with ISD #194. 2. An "Additional Expenses" category is being suggested. If either party experiences costs directly related to building or grounds use, the sponsoring party can be charged back for those expenses. 3. Eliminate the "Usage Rules" and "Exhibits" from the document. The City and District both have guidelines and policies that all users must adhere to and those documents are shared with all users. In addition, forms, policies and procedures are always subject to change. Eliminating those items from the document does not relieve either party from following policies and procedures established by the City or District. On September 18, 2013 the Parks, Recreation and Natural Resources Committee and the Lakeville Area Arts Center Advisory Committee reviewed the proposed Amended and Restated JPA. Both Committees are recommending approval of the 2013 Amended and Restated JPA. Attached for your review are the proposed 2013 Amended and Restated JPA and for use as a reference copy, the current JPA with notes, additions and strikethroughs. Recommendation Parks, Recreation and Natural Resources Committee and the Lakeville Area Arts Center Advisory Committee are recommending the City Council approve the 2013 Amended and Restated Joint Powers Agreement with ISD #194 for the shared use of building and grounds for recreational, instructional and meeting purposes. Amended and Restated JOINT POWERS AGREEMENT AGREEMENT made this Qetebw 16, 2 , 2013 by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and INDEPENDENT SCHOOL DISTRICT No. 194 ( "District ") . RECITALS A. The City and District have had a long history of shared use of grounds and buildings for recreational, instructional, and meeting purposes. This shared use has benefited the residents of the City and District and has resulted in the substantial savings of tax dollars by avoiding duplication and by making optimal use of facilities. Comment[ABi]: Wetalkea about guiding principles, this statement outlines the importance of this JPA to the taxpayers we serve B. The City and District wish to memorialize their existing informal agreement comment [oser2]: yes and to refine it. - - - -- C. Minn. Stat. § 471.15, et sec., authorizes the City and District to enter into a joint powers agreement for the shared use of grounds and buildings. NOW, THEREFORE, the parties agree as follows: 1. Use of District Grounds and Buildings. The City may use for programs it sponsors District buildings and District outdoor recreational facilities subject to availability. A request for use of Distric buildings or facilities Est will be made in writing to the District at least two (2) weeks in advance. . By agreement by the Director of Community Education the advance written notice requirement may be waived. A Facility Use Application form, attached hereto as Exhibit "A" will be returned to the City as confirmation. The City will receive the same fee rates as internal District events. These include, but are not limited to: ♦ Custodial overtime if the activity takes place during hours when a custodian is not on regular duty. ♦ Food Service overtime when a kitchen is used. ♦ Salary for any special services or supervision by school personnel which is deemed necessary by the School Principal or Community Facility Use Coordinator. ♦ Additional garbage removal if necessary ♦ Snow removal requested by City on non - school day Comment [AB3]: We need to address Arts 2. Use of City Grounds and',Buildings. The District may use for programs it Center anaxhoolsthereaeconsumabthe costs at the high schools there are consumable costs sponsors, City associated with performances. The district uses the Buildings and City outdoor recreational facilities subject to availability. A We needto ha ve an understanding Requests ' lesu nding of what those of those We need ' t ha fees are meant to cover. for use of the City buildinqs or facilities will be made in writing to the City at least two (2) weeks in advance. A Facility Rental Contract or Field Rental Contract form, attached hereto as Exhibits "B" and "C" will be returned to the District as confirmation. —By agreement by the Parks & Recreation Director the advance written notice requirement may be waived and the request may be PF Gessed eFally. Th n,s +r,,.+ s h u shall it be r equ red to p ay any r f8eS OF f r 'Sh ash d it e 4ha any $29 key raer es't. The District will receive the same fee rates as internal City events. These include, but are not limited to: ♦ Custodial overtime ? ?? ♦ Food Service overtime ? ?? ♦ Salary for any special services or supervision ? ?? ♦ Additional garbage removal if necessary ? ?? ♦ Snow removal ? ?? Other ? ?? 3. Usage rules. 3.1 The District or City representative making the building or facility request is responsible for obraining a copy of any use procedures or rules and communicating it to the event supervisor. Specific facility rules apply and are attached hereto as Exhibits "D ", "E" and "F ". 3.2 Events sponsored by the District or City which cause problems such as poor supervision, vandalism, spilled food or other messes may be billed for custodial overtime and may, after repeated instances, be refused permission to use the facilities. Comment [AB4]: Do these rules need to be outlined in this section or are these polices that every user group must follow? Comment [users]: "E" Use of School Facilities and Equipment Procedure "F" Stadium Scheduling and Use Procedure. C omment [AB6]: This is covered in 6.3 4. Site Specific Agreements. The parties may from time to time enter into site specific agreements. This Joint Powers Agreement shall not be applicable to a site operating under such an agreement. 5. Informal Arrangements to Continue. The current practices as modified herein shall continue: ♦ The City will provide portable restroom facilities at all school sites scheduled for Lakeville youth and adult athletic activities. The City will provide Maintenance of two (2) hockey rinks and one warming house by the City on the District's McGuire Middle School site The District and City will aad shared use of the rink and warming hous b� y the GitT ♦ The City will provide Maintenance of ballfield infields by the City at existing elementary, middle schools and high schools scheduled for Lakeville youth and adult athletic activities. ♦ Shared use and storage of recreational equipment. ♦ The District will be responsible for trash pickup at all school sites scheduled for Lakeville youth and adult athletic activities league ate 6. Use and Scheduling. Comment [user7]: Not sure what this refers to? 6.1 The District shall have jurisdiction over their outdoor recreational facilities for the purpose of scheduling activities during the regular school year from 8:00 AM to 5:30 PM on school days and during the summer school program from 8:00 AM to 1:00 PM. The City shall have jurisdiction of District outdoor recreational facilities for the purposes of scheduling Lakeville youth and adult athletic associations' activities at all times other than designated above. Co mment [users]:Atmeticor Club events? 6.2 If either of the parties wishes to schedule activities outside of that party's designated time jurisdiction, as stated above, permission must be given by the other party in writing. A party may have an exception to its time jurisdiction, including but not limited to the following: A. District scheduled evening and weekend activities. During these time periods, the District shall have jurisdiction over the parking lots and on some occasions, the grounds located within the facilities. B. Casual users of facilities during school jurisdiction so long as there is no disruption or interference with scheduled activities. 6.3 The parties agree that District facilities shall be treated as "school ground" as contemplated by the alcohol control provision of Minn. Stat. § 624.701; that the District's alcohol and tobacco policies and regulations, and any additions or amendments thereto, shall apply to all District facilities; that the area should be appropriately posted; and that the City may withhold access from groups for drug, alcohol or tobacco violations. The City agrees to enforce applicable statutes and ordinances in and around District facilities in the same way the City enforces applicable statutes and ordinances on park and City property. 6.4 The parties' current use of specific facilities is set forth on the amended Joint Facility Use form attached hereto as Exhibit "F ". Any use of the specific facilities of another party to this Agreement beyond that noted in Exhibit "F" requires specific advance written approval from the authorizing party unless written approval is waived by the authorizing party. 6.5 The District maintains the right to charge fees to any Lakeville youth athletic association, adult athletic association or any other group not sponsored by the City. 7. Operation of Facility. 7.1 The District shall be responsible for the regular cutting of grass on the District property as well as the application of fertilizer and herbicides thereon. 7.2 The District shall be responsible for The cost of maintenance, repair, and replacement of parking lots on District property. faeilities sh��'„�r; be the stile 7.3 The City shall be responsible for the upkeep and maintenance of all ballfield infields being used by the Lakeville youth and adult athletic associations. 7.4 Except as provided in Section 7.3, the District shall be responsible to perform and bear the expense of any repairs and any replacement to any amenity on the District property, including but not limited to backstops, turf areas, and team benches. Co mm e n t [user9]: Needs cl Comment [user10]: Need more information. Comment [userll]: Relener Exhibits 7.5 The District hereby grants to the City an access across an appropriate portion of toe District properties for purposes of construction, maintaining, and using the facilities as provided for in this Agreement. 7.6 The District and City each pledge to the other to promptly perform maintenance, repair, and replacement obligations set forth in this Agreement in a workmanlike manner. 8. Liability Insurance. GPesi #ie� aG the ANfeat et i, +„ , ao MiR St a t naF nn T1 mstriAt shall e 8.1 The District agrees to maintain insurance for commercial general liability in an amount no less than the minimum statutory limits of liability set forth in Minnesota Statutes § 466.01 et. seq.. A certificate of insurance naming the City as an additional insured will be sent to the City within 30 days of the execution of this agreement. 8.2 The City agrees to maintain insurance for commercial general liability in an amount no less than the minimum statutory limits of liability set forth in Minnesota Statutes 6 466.01 et. seq.. A certificate of insurance naming the the District as an additional insured will be sent to the District within 30 days of the execution of this agreement. 8.3 T_ he District_ agrees to indemnify, hold harmless and defend City from and against any claims, costs, causes of action, expenses and liabilities, including but not limited to reasonable attorney's fees the City incurs because of the District's negligent acts or its failure to comply with the terms of the Agreement. 8.4 The City agrees to indemnify, hold harmless and defend the District from and against any claims, costs, causes of action, expenses and liabilities, including but not limited to reasonable attorney's fees the District incurs because of City's negligent acts or its failure to comply with the terms of the Agreement. 10. Term 10.1 A The term of this Agreement shall extend from the date hereof to April 16, 2007, and shall be automatically renewed thereafter on annual basis unless either party elects to terminate the agreement subject to the provisions of paragraph 10.2 (94 below. 10.2 & Six months prior to April 16, 2007, and thereafter six months prior to each annual renewal date, either party may terminate this Agreement by written notice to the other party. 10.3 G The parties agree to a formal review of this Agreement every three years. 11. Remedies. In the event that either party fails to perform any obligation under this Agreement, and such failure continues for ninety (90) days after written notice from the other party, such other party's exclusive remedy is to terminate this Agreement. THIS AGREEMENT executed by the parties hereto the day and year first above written. CITY OF LAKEVILLE, a Minnesota municipal corporation INDEPENDENT SCHOOL DISTRICT NO. 194 BY Matt Little, Mayor AND Charlene Friedges, Clerk BY: Roz Peterson, Chair AND Michelle Volk, Clerk Exhibit A Facility Use Application - SAMPLE Lakeville Area Schools Facility Use Application 9/05 The gold copy of this form is the building use permit. Useis should bring this with them to the facility. Mail request to Community Education, 8755 Upper 208th St., Lakeville, MN 55044. Phone: 952 -232 -2155 • Enter day, date and time of event. Building Room/Space Day & Date(s) Time(s) • Include Set upcican up Group Profit— Non Profit Purpose Expected Attendance Application Date Applicant NameAndrvidual Address City. State. Zip Plane (evening) Phone (dayume) Fax Plane (other) Email Address Billing Address. City. State. Zip (if different) Person Responsible for Invoices (if different) On Site Supervisor Sngnatim. By signing here the adult who will be the on-site supervisor acknowledges that he/she has read it. (today use rules and will abide by diem, especwlly the rules which apply to the sefely and conduct of children. and that the group will abide by rules established by the Americans with Disabilities Act and civil rights laws Insivanix Ccnrfncuc. Requited Not Required Expires Special Arrangements AV Equipment. Will bring into the budding. food cgwpmem other Will you need to hire the school food service staff+ _Yes _ No Other needs (garbage cans. waning area. Me): Fees- Application Fees, Pd $_ Pia Type Date Depose Pd (if applic") Pd $ _ Pmt Type Date Consimables (if applicable)_ His @ _/Hour- Total $ Rental fees: orapplicable) Group Invoiced fa co al ovenime +_Ycs_ No _I IR _Double cc Bookkeeper. Business Olirce a School Staff Notes/Schedule Changes: Community Facility Coordinator Pnncipal(or designee) Of! a Use Only Date Received Entered Confirmation Sent HS Only LL' Site Rntend R y Whoc- faahny Scheduler. yettaaw 4'uuodua, Nax-BWg Sccnury G ld -Pemw Exhibit B Facility Rental Contract - SAMPLE WwAle PalmsulRoust OwDepwbmM Rental ContractlPermit 20105 10SrdtB Ataam A Naed. 25-APA08, 10.18 AN La Sd ft tit sm User pdexta (964 M54611 Conrad N. 899 Osor. PDmtter Owe M APF-0B Maur TtaraDae PeRyDetter Name: (952W.A810 20195 HdVake Ave &mattes 052)9654610 LdwAe,MN S5044 Purp000 d Use Party Ndghborhoad Paty NarmeandAddo lord bookwifadily Forbomush Parr, O—bo, TM LIPP. Wft M. Oak auaTknos of rao ad Boddals:I Stertkrg'Sd Da Mar 060!x00 PM Bgtoard:20 Endny Set 04 Ma 06 06:00 PM RoteyAqutpmart Oty Md Ddo Mst Tkoo End Ooh End Ti.. Esp. Aaond Tdal Fe F06muoh Pak• Oambo ed 04Mar00 OIDOAM 04Mao08 0D OPM 2D MW Ctaad7 No Numb x d Tanta Numb. dCAIs ugitand Serge No Aloehd No D6a Dopskpae S/i Addaor.W Foos Paymsd adlod Ron" Foos Edna Foos Tax Rontsl Total OWN" (hposa Total Apptlod all— C—" 70100 e0.00 SODD $DM $ODD sm sOUO WOD &dance at rand due and psy" immedddy Dwalmar. Cly of LdwAe Parkland Rome8m DepalmeFd FadryUmge Release and IrrdemNlcetim pgeamert As law A OO widud ion tar bekg parmaed to use a pak orreoreafiorrd /wily bdagingto the CltyafLakeNls, I ayes on bdadf of myedf and my agmizabon or yap to miume and diadterge the Cly of LdwAe, wo is agerteand emooyees, tom UsUty forir&w or damages, kx*xkg any losmaoauaed by the leogaxa or Ooh %Mites of the Remand Parbes. i looter ogee an behW M myaeil and my orgwbaOm or gmwto prded, Im* m", and told twmkwthe Rabased Partiea*MOW and di dakns, labObes, demagea or dgMS of action dredly or Mrealy adatrg tom fte use ofiteae 4dlbn. TNSayeemert issped cdybinndng qw my spouse. h *s end essleru, and m the spouses, heirs or sadgre of a Wmember, empmyaa, or palicfpae of my orgaNDabon of bu*wm I vwwt Del I as s*wrtzodto ereer #to Bas ayaemat an bandtof myorgwin im or business. Part' DsW@dkwws@nWW X: Ogle POW t Exhibit C Field Rental Contract - SAMPLE Lff wAf1ePadrelaidifeaeaueoDepaeefatt Rental ContmcUPermit 8105ibAteIWAV&ele A**d. 2SAPsW, 1099 A* 40 Ldalfr& W 2SO44 user Pdadei (163 9854611 Comrad At 694 User: PDOOter Die: 25.Api-OB astus: Togs" Petty Dexter Homer 0 CEyolLakeMM PaksB Roo Business (952)SSS4611 2fHe5Holpke Ave Lakevie,MN SSD44 Prrpos. d use Sports • Feld ROPAW SWAM Play Sooner (.ague Name and AOMss of Ard boekedfadtay Nodx Pak, S.00eM 171001pmeArc Ore. arx0 Tins of Ure e d eodrb7s• 1 PArNV: Wad e1 Mar 06 05:00 PM Endrg Nat 01 Mar 06 WAS PM Faeiryx iaiipiws oby Stan Oate awt That End Dd. EndTirn. NOM Pak •Seew(7) WW 04Ma1`0e 05ODPM 01 -Ma.05 WS PM o"It Paid et? AddGaW fats Extra fat • Baekhps lbws flxwrdty ChwW Mk. 3p0 1 s0.00 3,45 1 $ODD lb"0" 20 Exp. Atlerd Trial fee 2D 70.00 To Tdal 7D.0D 7DDO 7DDD 70DO far—it bethod RwW Fats Enka Fees Tax ROrtel Tdal Ownap D.posit Trial Appxied Balance Curwt 70.00 SODO 70.00 $000 10DO $DOD $0.W 70.00 Rolando of rwW due aid payable Immediately Dtrdim.r Ciy a Letlevie Perksand 1l: on Depetmaf FedityUsage Release and Irde m iloseon Apeemert As NNAA wddxetlon for bekg permitted to use a perk or reaealorm! adiiy belarging to the CRyof LakeNb, I ogee an beliellolmyse f end myorlied 11 n err gap to mieess and 6adwge axe Cy of l.ekeAri, end as agate and employees, tram Wilily for I or demeges,' rk A arty Iosaes 001 bytheneogarmerrstrie[fabtaaesoffhe Ralesaad parties. I #Attw agros an behaf olmyself and myorgaYmtlon or WoW to poled, Indemnify, seat hold fwmlesethe Released Parries Yom any aM eti delms, Isb6ees, damages, or dyYsol ediort drecby or hdredN ad** from the use ofemse fa iitim. This 1 I - at Is spedapByMfwig spon my Wouse, here wid seigxs, end on the apotlses, helm or assign of any member, employee, or parbopert olmy orgsN>oaeon of bueln w& I vrarrant OW I an eUhort ied to ester hkf iHS agreemert on behalf of my orgerttation or bullies Pdy DeMwlRgHasntaNe X: Ode Page. 1 Exhibit D RULES AND REGULATIONS FOR USE OF BUILDINGS AT ARONSON PARK, NORTH PARK, FOXBOROUGH PARK AND PARKVIEW PARK 1. Arrangements for entering the building can be made with the Parks and Recreation Department prior to the day of the event. A key to the building must be signed out the last working day before the reservation and returned no later than three (3) days after the reserved date. A $20.00 deposit for each key will be required. 2. Kitchen (where applicable) should be left completely cleaned: • Floors washed • Cupboards all cleaned • Counters all washed • Walls cleaned • Stove completely cleaned inside and out The sponsoring organization will be responsible for cleaning up all trash and placing full trash bags into dumpster following the rental period. 3. Bathroom area: • Floors, sinks and urinals should be cleaned • All trash removed from bathroom must be put into the dumpster provided 4. Community room: Vacuum floor 5. No group may reserve the facility for regularly scheduled meetings or Gasses unless authorized by the Parks and Recreation Director. ALCOHOL AND TOBACCO PRODUCTS ARE PROHIBITED WITHIN THE BUILDINGS AT NORTH PARK, FOXBOROUGH PARK, PARKVIEW PARK AND RITTER FARM PARK ED MAKO ELC. BEFORE LEAVING: • Check to see that all running water is shut off • Make sure all lights and electrical appliances are turned off • Make sure all doors and windows are securely locked (Please note that the outside restroom doors at North Park remain open daily from May through September) • Inspect area around building for litter and other debris; dispose of properly Violation of City ordinance by a member of a group using a City park shall result in immediate expulsion of the entire group. (City Code 7- 1-4 -7) Exhibit D RULES AND REGULATIONS FOR USE OF CITY PARKS 1 Rental groups are to use only those areas designated for group picnics Facilities such as softball fields, horseshoe pits and volleyball courts are available unless already being used by the general public or for scheduled league play. 2 Rental groups will be responsible for cleanup of trash and debris in areas reserved for their activity. 3. Amenities such as picnic tables, benches and other park property must remain in their present location. The moving of any property will require additional permission. 4 A group supervisor will be responsible for controlling all members of said rental group. Any violations to City ordinances will result in automatic cancellation of the rental group contract and the group will be asked to leave City property 5 All motor vehicles will be parked in designated parking areas 6 If an event is being catered, the following guidelines apply. 1) All catering vehicles must remain in designated parking lot. 2) Vehicles may not access picnic shelters using paved trails. 3) Equipment must be carried or otherwise transported to the reserved shelter. 4) All grills will be self- contained (drip proof). 5) When catering a reservation at Antlers Park, Shelter A, a key needs to be picked up for the gate to access the gated service area. There will be a $20.00 security charge for the key. After caterer has entered the service area, the gate needs to be relocked immediately. Absolutely no vehicles are to remain in the service area 7. Only groups consisting of 300 people or less will be considered for rental of designated areas. 8. It is unlawful for any person to use drugs or consume intoxicating liquors within City parks, with the exception of beer. Tobacco and intoxicating liquor, including beer, are prohibited in park buildings. 9 GLASS BEVERAGE CONTAINERS are prohibited in all City parks. 10. City of Lakeville park hours are 6:00 AM to 10:00 PM, unless otherwise posted. 11 Fires are allowed only in designated areas Fires must be completely extinguished before leaving the area. 12 Dogs in Lakeville parks must be on a leash, with only two exceptions Dogs that receive an American Kennel Club "Canine Good Citizen" certificate or its approved equivalent or a dog fitted with an electronic collar can be off - leash. Pet owners are also required by ordinance to clean up any droppings left by their animals. 13 Pig roasters are limited to dnp- proof, self- contained units and are restricted to City designated locations at community parks. Protective measures must be taken to make sure no grease is dripped on any park grounds or facilities. Pig roasters are prohibited at all other City parks. Use of specialized cooking units must receive prior authorization from the Parks and Recreation Director. 14. Motorized (except authorized staff maintenance /emergency) vehicles are not allowed in the park under any condition and may not use the bike trails for transporting items to the picnic areas 15. Directional signs, banners, balloons and other decorations or group picnic markers are prohibited from being placed on public property. 16 Remote controlled model airplanes as well as airborne rockets and missiles are prohibited in all Lakeville parks due to safety concerns. Permission for special events involving model airplanes or boats may be given by the City Council upon receipt of suitable application and presentation of appropriate certificate of insurance. 17 Golfing is prohibited within all City parks except Parks and Recreation Director approved City sponsored programs or event. 18. Parasailing is prohibited on or adjacent to all City of Lakeville lakeshore property, beaches, or boat launches, i.e Antlers Park, Ritter Farm Park, Valley Lake Beach, Casperson Park and Orchard Lake Beach. 19 Moonwalks, dunk tanks, animal rides, and other amusement type facilities are prohibited unless associated with a major City event and given prior permission by the Parks and Recreation Director and/or City Council. 20- Non - Lakeville Parks and Recreation Department sponsored, fee based classes must request use of park facilities Permission to use the parks will be considered on a case -by -case basis and may be subject to additional requirements as determined by the Parks and Recreation Director. Exhibit D RITTER FARM PARK ED MAKO ENVIRONMENTAL LEARNING CENTER The Ritter Farm Park Ed Mako Environmental Learning Center (ELC) is available for use according to the guidelines below. Details regarding rental fees and refunds are listed in Section B., Shelter /Building Rental, in the attached Resolution. 1. Ritter Farm Park Ed Mako ELC is available for use as a supplemental classroom setting for associated environmental learning opportunities, for presentations to groups studying nature and the environment; command headquarters for survival skills training; and for scout groups of up to 30 persons No group may reserve the facility for regularly scheduled meetings. Ritter Farm Park Ed Mako Environmental Learning Center will not be available for use by private groups or for parties unless by special permission of the Parks and Recreation Director 2 Reservations are accepted only for groups of 30 or less A group requesting use of the facility must be under competent adult (18 or over) supervision throughout the duration of the rental If children are present, proper parental or supervisory control is required. Children should not be permitted to roam the building or grounds unsupervised. 3 Use is permitted only during regular park hours, from 6 AM until 1000 PM. Overnight use is not allowed. 4. Only the main floor of the building is available to user groups. Access to second floor and basement levels is strictly prohibited. 5 Parking for no more than two group coordinators or handicapped persons is permitted next to the Environmental Learning Center. All other participants must park in the lower parking lot. 6 A limited number of tables and chairs are available Please specify the number of tables and chairs needed when making your reservation. 7. No food may be prepared inside the building. Outside grills may be used and food may be served inside the building. 8. No tobacco or alcoholic beverages are permitted in the building. 9 After use, it is the group supervisor's responsibility to leave the room in the same condition as when they arrived. As needed, these duties should be completed: • vacuum • wipe tables • clean restrooms • sweep the deck and steps • remove trash Cleaning supplies and a vacuum cleaner are available in the closet adjacent to the meeting room 10. Displays or posters may be hung only on the corkboard. They may not be tacked, taped or hung on the walls. 11. The ELC must be locked when your group is not inside or very near the center 12. All doors and windows must be locked when leaving the building. 13. During cold weather, the group supervisor may adjust the thermostat to achieve a comfortable temperature. It is located across the hallway from the restrooms Please turn the thermostat up to no more than 68 degrees during your stay, and down to 55 degrees when leaving 14 A building key may be checked out at the Parks and Recreation Department at City Hall A $20 00 charge is required The key must be returned no later than three (3) working days after the rental date 15. To help preserve Ritter Farm Park in its natural state, park visitors are prohibited from picking or removing wild flowers, plants or vegetation. Visitors are also prohibited from disturbing wildlife within the park 16 A Facility Usage Release and Indemnification Agreement must be signed by the group supervisor prior to use for the purpose of absolving the City from all liability claims in the event of an accident or injury while using the facility. The user shall agree to pay for damages incurred to City property or equipment while using the facility Guidelines for Facility Use Exhibit E District 194 is pleased to offer your organization the opportunity to use the buildings in your school district. Two week's notice is requested when applying for a permit. Please have your on -site supervisor read the following checklist. Each group will be held accountable for its participants. • When you receive your confirmation sheet, check it carefully as not all dates requested may have been approved. • Designated supervisors, (coaches, troop leaders, etc.) are responsible for the conduct of group participants and spectators. • Youth group supervisors must arrive before the first member and stay until the last member leaves the school grounds. • Requested rooms, areas and equipment must be returned to their original condition before the group leaves the building. (Replacing tables, chairs, picking up garbage, raising basketball hoops again, etc.) Please do not take down pictures or erase boards without permission. • Commons, gyms, halls and most carpeted areas are off - limits for food and beverages. Please check with Facility Coordinator on appropriate food, drink and craft project areas. • Groups have access only to rooms and areas specified on paperwork. Please limit traffic in halls. Running or ball play is not permitted in hallways or lobbies. • Community Education reserves the right to assess groups a fee for building supervisors scheduled for their activities if the groups are not following District Guidelines for Facility Use or cancel repeatedly with no notice. • Alcohol or tobacco use is forbidden in school buildings or on school grounds. • Weapons and firearms are prohibited on school property with the exception of authorized safety and training programs. • District 194 is not responsible for lost personal items. • Groups using District 194 facilities are required to abide by regulations set forth by the Americans with Disabilities Act, (A.D.A.), and civil rights laws. • Individuals or organizations using District 194 facilities agree to the above statements, assume all responsibility for damage or liability of any kind and further agree to hold harmless the District for any liability. Please Note: District 194 reserves the right to bill organizations for damage and custodial overtime, and /or refuse permission to use facilities should the following situations arise during building use: • Poor supervision • Vandalism • Leaving food /messes • Ignoring building rules /building supervisors' or custodians' requests JOINT FACILITY USE PARK FACILITIES USED BY INDEPENDENT SCHOOL DISTRICT #194 Antlers Park and Beach Used by Kid Zone program two days per week throughout the summer McGuire, Meadows and Dakota Heights Used by schools for skating and broomball skating rinks programs Picnic facilities Land of Amazement Ritter Farm Park Environmental Learning Center Aronson Park North Park Antlers and Aronson Ritter Farm Park Cross Country Ski trails Aronson Park North Park Community Room Multipurpose trailways Used for athletic team picnics and banquets Used by Kid Zone program and school groups Will probably be used extensively by school science classes School softball program JV and Varsity baseball games occasionally Used by many classes and Kid Zone for end of school year picnics Team practices and meets Annual Apple Jack Cross Country and Middle School track invitational Used for new teacher orientation and welcome coffee Various usage including cross country skiing, running, etc. Exhibit F INDEPENDENT SCHOOL DISTRICT FACILITIES USED BY CITY OF LAKEVILLI Century Middle School Volleyball, Basketball and Dodgeball leagues throughout 4- Spr /Sum/Fall the school year; Adult Dance program; Santa Secret Lakeville North High School Store; Danceline classes Cherry View Elementary School Danceline classes; After School programs Christina Huddleston Elementary School After School programs; Dance classes Crystal Lake Elementary School After School programs; Basketball leagues JFK Elementary School After School programs; Volleyball leagues occasionally; 7- Spr /Sum 11 Dance classes McGuire Middle School Gun training - spring and fall Lakeville North High School Volleyball camps; Men's volleyball and Basketball leagues Lakeville South High School Volleyball camps; Men's volleyball and Basketball leagues Lake Marion Elementary After school programs Orchard Lake Elementary After school programs BALLFIELDS, SOCCER, LACROSSE and FOOTBALL FIELDS and TENNIS COURTS SCHEDULED BY CITY AT THE FOLLOWING SITES: SITE Number of Season of Use Number of a Season of Use Tennis Ballfields combination of Courts Orchard Lake Elementary Soccer , Football 2- Spr /Sum/Fall or Lacrosse Fields Century Middle School 4 4- Spr /Sum/Fall 3 3- Spr /Sum/Fall 8 Cherry View Elementary 2 2- Spr /Sum/Fall 1 3- Spr /Sum/Fall Christina Huddleston Elementary 2 2- Spr /Sum 2 2 -Fall Crystal Lake Elementary 3 3- Spr /Sum 2 2 -Fall Eastview Elementary School 2 0 -None 6 6- Spr /Sum/Fall JFK Elementary School Kenwood Trail Middle School 3 3- Spr /Sum 4 3- Spr /Sum 4 2 -Fall 4-Fall Lake Marion Elementary 2 2- Spr /Sum 1 1 -Fall 1 -Fall Lakeview Elementary 4 4- Spr /Sum/Fall Lakeville North High School 3 3 -Spr /Sum 2 2 -Fall 8 2 -Fall Lakeville South High School 7 7- Spr /Sum 11 4 -Spr /Sum 8 11 -Fall McGuire Middle School 4 4-Spr /Sum 8 7- Spr /Sum 6 8 -Fall Oak Hills Elementary 1 1- Spr /Sum/Fall Orchard Lake Elementary 2 2- Spr /Sum/Fall Total Fields 39 40 34 BALLFIELDS SCHEDULED BY INDEPENDENT SCHOOL DISTRICT #194: SITE NUMBER OF FIELDS LNHS Varsity Softball field 1 LNHS Varsity Baseball field 1 LSHS Varsity Softball field 1 LSHS Varsity Baseball field 1 Total Fields 4 Exhibit F Amended and Restated JOINT POWERS AGREEMENT AGREEMENT made this October 16, 2006, and revised September 24, 2013, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and INDEPENDENT SCHOOL DISTRICT No. 194 ( "District ") . RECITALS 1. The City and District have had a long history of shared use of buildings and grounds for recreational, instructional, and meeting purposes. This shared use has benefited the residents of the City and District and has resulted in the substantial savings of tax dollars by avoiding duplication and by making optimal use of facilities. 2. The City and District wish to memorialize their existing informal agreement and to refine it. 3. Minn. Stat. § 471.15, et seq., authorizes the City and District to enter into a joint powers agreement for the shared use of grounds and buildings. NOW, THEREFORE, the parties agree as follows: 1. Use of District Buildings and Grounds. The City may use, for programs it sponsors, District buildings and grounds subject to availability. A request for use of District buildings or grounds will be made in writing to the District at least two (2) weeks in advance. A Facility Use Application will be returned to the City as confirmation. Upon approval of the Director of Community Education, the advance written notice requirement may be waived. The City will receive the same fee rates as District sponsored events. 2. Use of City Buildings and Grounds. The District may use for programs it sponsors, City buildings and grounds subject to availability. A request for use of the City buildings or grounds will be made in writing to the City at least two (2) weeks in advance. A Facility or Field Rental Contract will be returned to the District as confirmation. Upon approval of the Parks & Recreation Director, the advance written notice requirement may be waived. The District will receive the same fee rates as City sponsored events. 3. Additional Expenses. When either party incurs an expense directly related to the building or ground use of an event, and that expense would not have occurred normally, that expense can be charged back to the party sponsoring the event. These expenses include, but are not limited to: ♦ Custodial or facility attendant wages or overtime if the event takes place during hours when a custodian is not on regular duty. ♦ Food Service wages or overtime when a kitchen is used. ♦ Wages for any special services or supervision which is deemed necessary by the School Principal or Community Facility Use Coordinator, Director of Community Education or Parks & Recreation Director. ♦ Additional garbage removal if necessary ♦ Snow removal if necessary ♦ Any additional fees mutually agreed upon by the Director of Community Education and Parks & Recreation Director. 4. Usage rules. 4.1 The District or City representative making the building or grounds request is responsible for obtaining a copy of any use procedures or rules and communicating them to the event or site supervisor. 4.2 Events sponsored by the District or City which cause problems such as poor supervision, vandalism, spilled food or other messes may be billed for custodial wages or overtime and may, after repeated instances, be refused permission to use the facilities. 5. Site - Specific Agreements. The parties may from time to time enter into site - specific agreements. These site specific agreements must be approved in writing by the Director of Community Education and the Parks & Recreation Director. This Joint Powers Agreement shall not be applicable to a site operating under such an agreement. 6. Informal Arrangements to Continue. The current practices as modified herein shall continue: 6.1 The City will provide portable restroom facilities at all school outdoor recreational facilities scheduled for Lakeville youth and adult athletic associations' activities. 6.2 The City will provide Maintenance of two (2) hockey rinks and one warming house on the District's McGuire Middle School grounds. The District and City will share use of the rink and warming houses. 6.3 The City will provide maintenance of ball field infields at elementary, middle schools and high schools scheduled for Lakeville youth and adult athletic associations' activities. 6.4 The City and the District will share use and storage of recreational equipment as agreed upon in writing by the Director of Community Education and the Parks & Recreation Director. 6.5 The District will be responsible for trash pickup at all school outdoor recreational facilities scheduled for Lakeville youth and adult athletic associations' activities. 7. Use and Scheduling. 7.1 The District shall have jurisdiction over their outdoor recreational facilities for the purpose of scheduling activities during the regular school year from 7:00 AM to 5:30 PM on school days and during the summer from 7:00 AM to 1:00 PM. The City shall have jurisdiction of District outdoor recreational facilities for the purposes of scheduling Lakeville youth and adult athletic associations' activities at all times other than designated above. 7.2 Specifically excluded from City use, unless specifically permitted in writing by the District, are any District outdoor recreational facilities primarily used for varsity sports or activities. 7.3 If either of the parties wishes to schedule activities outside of that party's designated time jurisdiction, as stated above, permission must be given by the other party in writing. A party may have an exception to its time jurisdiction, including but not limited to the following: A. District sponsored or scheduled evening and weekend activities. During these time periods, the District shall have jurisdiction over the parking lots and on some occasions, the grounds located within the facilities. B. Casual users of facilities during school jurisdiction so long as there is no disruption or interference with scheduled activities. 7.4 The parties agree that District facilities shall be treated as "school ground" as contemplated by the alcohol control provision of Minn. Stat. § 624.701; that the District's alcohol and tobacco policies and regulations, and any additions or amendments thereto, shall apply to all District facilities; that the area should be appropriately posted; and that the City may withhold access from groups for drug, alcohol or tobacco violations. The City agrees to enforce applicable statutes and ordinances in and around District facilities in the same way the City enforces applicable statutes and ordinances on park and City property. 7.5 The District maintains the right to charge fees to any youth athletic association, adult athletic association or any other group not sponsored by the City. 8. Operation of Facility. 8.1 The District shall be responsible for the regular cutting of grass on District grounds as well as the application of fertilizer and herbicides thereon. 8.2 The District shall be responsible for the cost of maintenance, repair, and replacement of parking lots on District grounds. 8.3 The City shall be responsible for the upkeep and maintenance of all ball field infields being used by the Lakeville youth and adult athletic associations' activities. 8.4 Except as provided in Section 8.3, the District shall be responsible to perform and bear the expense of any repairs and any replacement to any amenity on District grounds, including but not limited to backstops, turf areas, and team benches. 8.5 The District hereby grants to the City an access across an appropriate portion of the District grounds for purposes of construction, maintaining, and use as provided for in this Agreement. 8.6 The District and City each pledge to the other to promptly perform maintenance, repair, and replacement obligations set forth in this Agreement in a workmanlike manner. 9. Liability Insurance and Indemnification. 9.1 The District agrees to maintain insurance for commercial general liability in an amount no less than the minimum statutory limits of liability set forth in Minnesota Statutes § 466.01 et. seq.. A certificate of insurance naming the City as an additional insured will be sent to the City within 30 days of the execution of this agreement. 9.2 The City agrees to maintain insurance for commercial general liability or through the League of Minnesota Cities Insurance Trust in an amount no less than the minimum statutory limits of liability set forth in Minnesota Statutes § 466.01 et. seq.. A certificate of insurance naming the District as an additional insured will be sent to the District within 30 days of the execution of this agreement. 9.3 The District agrees to indemnify, hold harmless and defend City from and against any claims, costs, causes of action, expenses and liabilities, including but not limited to reasonable attorney's fees the City incurs because of the District's negligent acts or its failure to comply with the terms of the Agreement. 9.4 Subject to the limitations and immunities in Minnesota Statutes Chapter 466 the City agrees to indemnify, hold harmless and defend the District from and against any claims, costs, causes of action, expenses and liabilities, including but not limited to reasonable attorney's fees the District incurs because of City's negligent acts or its failure to comply with the terms of the Agreement. 10. Term 10.1 The term of this Agreement shall extend from the date hereof to September 24, 2014, and shall be automatically renewed thereafter on annual basis unless either party elects to terminate the agreement subject to the provisions of paragraph 10.2 below. 10.2 Six months prior to September 24, 2014, and thereafter six months prior to each annual renewal date, either party may terminate this Agreement by written notice to the other party. 10.3 The parties agree to a formal review of this Agreement every three years. 11. Remedies. In the event that either party fails to perform any obligation under this Agreement, and such failure continues for ninety (90) days after written notice from the other party, such other party's exclusive remedy is to terminate this Agreement. THIS AGREEMENT executed by the parties hereto the day and year first above written. CITY OF LAKEVILLE, a Minnesota municipal corporation INDEPENDENT SCHOOL DISTRICT NO. 194 Matt Little, Mayor _►o Charlene Friedges, Clerk AN Roz Peterson, Chair /_10 101 Michelle Volk, Clerk