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HomeMy WebLinkAboutItem 06.h" r2A November 18, 2013 Item No. AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH ISD #194 Proposed Action Staff recommends adoption of the following motion: Move to approve amended and restated Joint Powers Agreement with ISD #194. Overview The City of Lakeville and Independent School District #194 have utilized a joint powers agreement for many years to address use of shared facilities and the conditions by which those facilities are used. Changes to the agreement are outlined in the work session memo dated September 20, 2013. In addition, details were added to the following sections to clarify responsibilities or intent: 6.3 The City will provide dragging of all ball field infields at elementary and middle schools scheduled for Lakeville youth and adult athletic associations' activities. The District will provide dragging of all ball field infields at high schools scheduled for Lakeville youth and adult athletic associations' activities. The District will apply herbicide to infields on all school ball fields. This section now clearly defines the responsibilities of the City and School District. 7.6 The City may charge youth athletic associations, adult athletic associations and other groups, fees for the scheduling and use of District outdoor recreational facilities. The intent of these fees is to offset the City's cost of scheduling, upkeep and maintenance of outdoor recreational facilities on District grounds. Any fees charged for improvement of District outdoor recreational facilities, above the cost of scheduling, upkeep and maintenance will require preapproval in writing from the District. This section was added to address the Administrative Fee the City charges the Athletic Associations. 7.7 As reference for the purpose of understanding current usage, the parties' current use of buildings and grounds is set forth in Exhibit "A ". Exhibit "A" is provided as an example of use and does not imply a future obligation. This section was added to reference the intent of Exhibit "A" The Lakeville School Board has reviewed and approved the Amended and Restated Joint Powers Agreement on November 12, 2013. Primary Issues to Consider • None Supporting Information • Amended and Restated Joint Powers Agreement between the City of Lakeville and Independent School District #194 • Memorandum from September 23, 2013 Council Work Session Brett Altergott Parks & Recreation Director Financial Impact: $ Budgeted: N/A Source: Related D ocuments (CIP, ERP, etc.): Notes: Lakev V rmow Memorandum To: Mayor, City Council & City Administrator From: Brett Altergott, Parks & Recreation Director 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 October 16, 2006, and revised November 12, 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. 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 that are located within the City, 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 not be charged rent or consumable fees for this use, except for those permitted in Section 3. 2. Use of City Buildings and Grounds. The District may use for programs it sponsors, City buildings and grounds that are located within the District, 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 not be charged rent or consumable fees for this use, except for those permitted in Section 3. 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 or facility attendant 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, Community Facility Use Coordinator, Director of Community Education, Recreation Supervisor, Art Center Manager 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. 42 Events sponsored by the District or City which cause problems such as poor supervision, vandalism, spilled food or excessive garbage 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 and maintain 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 dragging of all ball field infields at elementary and middle schools scheduled for Lakeville youth and adult athletic associations' activities. The District will provide dragging of all ball field infields at high schools scheduled for Lakeville youth and adult athletic associations' activities. The District will apply herbicide to infields on all school ball fields. 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 control 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 control 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 timeframe, as stated above, permission must be given by the other party in writing. A party may have an exception to its timeframe, including but not limited to the following: A. District sponsored or scheduled evening and weekend activities. During these time periods, the District shall have control over the parking lots and on some occasions, the grounds located within the facilities. B. Casual users of facilities during school control 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 administrative procedures, and any additions or amendments thereto, shall apply to all District facilities; that the area should be appropriately posted; a-PA 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 and City maintain the right to charge fees to any youth athletic association, adult athletic association or any other group not sponsored by the District or City. 7.6 The City may charge youth athletic associations, adult athletic associations and other groups, fees for the scheduling and use of District outdoor recreational facilities. The intent of these fees is to offset the City's cost of scheduling, upkeep and maintenance of outdoor recreational facilities on District grounds. Any fees charged by the City for the use of District outdoor recreation facilities above the cost of scheduling, upkeep and maintenance will require preapproval in writing from the District. 7.7 As reference for the purpose of understanding current usage, the parties' current use of buildings and grounds is set forth in Exhibit "A ". Exhibit "A" is provided as an example of use and does not imply a future obligation. 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 Except as provided in Sections 6.2 and 6.3, each Party shall be responsible for performing and bearing the expense of any upkeep, maintenance, repairs, physical improvements and replacement to any facility located on their own grounds, including but not limited to backstops, tun` areas, and team benches. 8.4 The District hereby grants to the City an access across an appropriate portion of District grounds for purposes of construction, maintaining, and use as provided for in this Agreement. 8.5 The District and City each pledge to the other to perform maintenance, repair, and replacement obligations set forth in this Agreement within a reasonable timeframe and in a professional 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. Joint Powers Agreement- Shared Use of Buildings and Grounds City of Lakeville and Independent School District #194 Exhibit A INDEPENDENT SCHOOL DISTRICT FACILITIES USED BY the CITY OF LAKEVILLE Space as requested /based on availability Century Middle School Adult Leagues (volleyball, dodge ball, basketball) Adult Dance classes Kenwood Trail Middle School Safety & Adapted Camps (Rain back -up site) Adult Leagues McGuire Middle School High Schools Elementary Schools Firearm Safety Classes Adult Leagues Secret Santa Store Adult leagues Eve nts /prog rams /classes CITY OF LAKEVILLE FACILITIES USED BY INDEPENDENT SCHOOL DISTRICT #194 Space as requested /based on availability Antlers Park and Beach Multiple School Groups Outdoor Skating Rinks Physical Education Classes Steve Michaud Park Multiple school groups Ritter Farm Park Multiple school groups Environmental Learning Center Aronson Park Annual Apple Jack Cross Country invitational All Other City Parks Multiple School Groups 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 November 12, 2014, and shall be automatically renewed thereafter on annual basis unless either party elects to terminate the agreement subject to the provisions in Section 10.2 belew. 10.2 Six months prior to November 12, 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 INDEPENDENT SCHOOL DISTRICT municipal corporation NO. 194 BY: Matt Little, Mayor R& Peterson, Chair AND AN Q Charlene Friedges, Clerk Michelle Volk, Clerk