HomeMy WebLinkAboutItem 06.fJune 20, 2016
Item No.
JOINT POWERS AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT #192
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Independent School District #192.
Overview
Currently, the City and Independent School District 192 (ISD #192) have a Joint Powers
Agreement for the shared use of grounds for recreational purposes at Quail Meadows Park and
North Trail Elementary School. At the May 23, 2016 City Council work session, staff informed
the Mayor and City Council that the Quail Meadows park playground was constructed under the
Joint Powers Agreement between the two entities 1997 and the playground is in need of
replacement.
The attached amended and restated Joint Powers Agreement indicates the cost of the replacement
playground shall not exceed $100,000 and will be split equally between the City and ISD #192
with the understanding that ISD #192 will pay 100% of the costs in excess of $100,000. The
Joint Powers Agreement also indicates the City will be the lead agency in obtaining the bids of
the project and that any future maintenance and upkeep of the playground will be shared 50% by
ISD #192, and 50% by the City.
Primary Issues to Consider
• ISD #192 school board approved the Joint Powers Agreement at their June 13, 2016 meeting
Supportin! Information
• The redlined Amended and restated Joint Powers Agreement between the City of Lakeville
and Independent School District #192
Financial Impact: $50,000 Budgeted: YN N❑ SourcePark Improvement Fund
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: John Hennen, Parks & Recreation Director
Amended and Restated
JOINT POWERS AGREEMENT
AGREEMENT made this June 20, 2016, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City"), and INDEPENDENT
SCHOOL DISTRICT No. 192 ("District") .
RECITALS
A. The District owns the real property legally described on the attached Exhibit "A"
(the "District Property"), and reflected on the attached Exhibit "C".
R The Cit, n.xS the property legally described on the attached Ex��.ibit "R" /the
"City property"), and reflected on the attached Exhibit "C".
C. The City Property and District Property are contiguous (collectively the properties
will be referred to as "the Facility").
D. 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.
E. The City and District wish to memorialize their existing informal agreement
and to refine it.
F. 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 AND SCHEDULING.
1.1 The District shall have jurisdiction of the entire Facility, for
purposes of scheduling activities during the regular school year from 8:00
AM to 4:00 PM Monday through Friday, excluding holidays. The City
shall have the jurisdiction of the Facility for the purposes of scheduling
recreation activities (with the exception of the school buildings) at all
times other than designated above.
1.2 If either of the parties wish to schedule activities outside of that
party's designated time jurisdiction, as stated above, permissions 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 Facility.
B. Casual use of the Facility during school jurisdiction so long
as there is no disruption or interference with scheduled
activities.
1.3 The parties agree that the Facility shall be treated as "school
ground" as contemplated by the alcohol control provisions of Minn. Stat. §
624.701; that the District's alcohol and tobacco policies and regulations,
and any additions or amendments thereto, shall apply to the Facility; that
the area should be appropriately posted; and that the City may withhold
access from groups for alcohol or tobacco violations. The City agrees to
enforce applicable statutes and ordinances in and around the Facility in the
same way the City enforces applicable statutes and ordinances on other
park and school property.
1.4 The parties agree that members of the general public residing in
the School District and the City of Lakeville shall have equal opportunity
to use the Facility regardless of affiliation with local recreation programs
when not being used by the parties hereto.
2. OPERATION OF FACILITY.
2.1 The District shall be responsible for the regular cutting of grass on
the Facility as well as the application of fertilizer and herbicides thereon.
2.2 The cost of maintenance, repair, and replacement of the parking lot
on the Facility shall be the sole responsibility of the District.
2.3 The City shall be responsible for the upkeep and maintenance of
all ballfield infields, backstops, and team benches. The City intends to
provide a portable, modular warming house and restroom facilities during
the skating season. The City will bear all costs for these facilities. The
City shall be responsible for the costs of utilities and maintenance of the
warming house and skating areas with the exception of the blacktop
surface on the hockey rink which shall be maintained equally by both the
City and the District.
2.4 Except as provided in Section 2.3 above and Section 6E, each
party hereto shall be responsible to perform and bear the expense of any
repairs and any replacement to that part of the Facility owned by that
ply.
2.5 In the event future improvements are made to the Facility, which
are agreed to in writing by both parties, which create utility and upkeep
costs, said utility and upkeep costs shall be equitably allocated and paid by
the parties hereto unless otherwise agreed to by both parries.
2.6 In respect to events to be held by the respective parties on the
Facility property, all cleanup costs, including garbage removal, shall be
coordinated, performed, and paid for by the party sponsoring such events.
2.7 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.
3. INSURANCE
The City shall maintain general liability insurance with limits equal to or
exceeding the maximum liability set forth in Minnesota Statues Section
466.04 and casualty insurance, covering all building improvements located
on the District Property. The city shall name the District as an additional
insured on both the general liability and casualty insurance policies.
4. TERM.
4.1 The term of the Agreement shall extend from the date hereof to
May 20, 2007, and shall be automatically renewed thereafter on an annual
basis unless either party elects to terminate the agreement subject to the
provisions of paragraph 4.2
4.2 Six months prior to May 20, 2007 and thereafter six months prior
to each annual renewal date, either party may terminate this Agreement by
written notice to the other party.
4.3 The parties agree to a formal review of this Agreement every three
(3) years.
5. 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 may seek specific
performance of this Agreement in addition to any other right or remedy
available at law or in equity.
6. REPLACEMENT PLAYGROUND.
The playground on the facility will be replaced by the parties in 2016 The
cost of the replacement playground shall not exceed one -hundred thousand
dollars ($100,000) unless the District agrees to pay 100% of the costs in
excess of $100,000.
A. PLANS AND SPECIFICATIONS. The City will obtain plans
for the playground. The plans must be approved by both the City
and the District.
B. BIDDING. The City will obtain bids for the Project in accordance
with Minnesota Law. The City must obtain the District's
concurrence with the award of the bid.
C. CONTRACT AWARD. The City shall prepare contract
documents and enter into a contract with the approved bidder.
D. COST ALLOCATION. The cost of the project will be shared
50% by the District and 50% by the Cijy except that all costs over
$100,000, approved by the District, shall be paid by the District.
E. MAINTENANCE. The cost of upkeep maintenance and all
associated costs of the playground shall be shared 50% by the
District and 50% by the City.
F. PAYMENT. The City will act as the paying agent for all
payments. The District shall reimburse the City for its share of the
costs incurred undcr this agreement within 30 days from the
presentation of the claim.
THIS AGREEMENT executed by the parties hereto the day and year first above
written.
CITY OF LAKEVILLE, a Minnesota
municipal corporation
BY:
1
Matt Little, Mayor
Charlene Friedges, Clerk
INDEPENDENT SCHOOL DISTRICT
NO. 192
BY:
Its Chair
AND
Its Clerk
EXHIBIT "B"
CITY PROPERTY
Outlot A, FARMINGTON ELEMENTARY ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota
EXHIBIT "C"
-------- K bne of ME 1/4 of hE 1/4 of Sec 11, T. 114, R 20
N�86"i0' - a t ) q -
8 g COUNTY ROAD NO. 58 lass to { 170TH STREET — WESTI) R
A ew - a izaa _
_--— — --r -- ------ 7=4M T — T— a h
r' T —
a2a.o2
x s
I
�
s•
u
o
wl
�
IN
I
O
a
I
�
J
Dromge um Ubf(.. Easement gel
�I
�I
'D
a
II
A I
O II k I
s Orenage and Utility -Easement I OE I
Lam_ j
i ]4RSe I mat ---Ip q
_ L 0 T 1
AN Owwoo- T1
I<---
-01
I�.
• 30
two a
S�
s / - Drainage and Utdify Easement
S B9.54120" W 1932-76
100 0 100 200
- e TWINESS POW she DEOMTED
O TV
DS�D'tES S/2- JY N' ISM U}ESENT SET
ODpSMISE lbM1 BATtoo "O mm- ULESS
pllaST11TI N 6 THIS P T 13 BASED UPON T,E
"10rtT1t IiME qF 7K K IM
Of WE W 1N OF
WE �IiIEM"IXG bI*10l�TII 111Of H
,%
tw SIAOEAST To
a
a
t x
w
0
z
Y
m
m
(170 T11 STR1EV 11 1
Coulm RaD'fie +
I * 1 r
LF
--t-- --' n
I
I
I
O
A I
O II k I
s Orenage and Utility -Easement I OE I
Lam_ j
i ]4RSe I mat ---Ip q
_ L 0 T 1
AN Owwoo- T1
I<---
-01
I�.
• 30
two a
S�
s / - Drainage and Utdify Easement
S B9.54120" W 1932-76
100 0 100 200
- e TWINESS POW she DEOMTED
O TV
DS�D'tES S/2- JY N' ISM U}ESENT SET
ODpSMISE lbM1 BATtoo "O mm- ULESS
pllaST11TI N 6 THIS P T 13 BASED UPON T,E
"10rtT1t IiME qF 7K K IM
Of WE W 1N OF
WE �IiIEM"IXG bI*10l�TII 111Of H
,%
tw SIAOEAST To
a
a
t x
w
0
z
Y
m
m
(170 T11 STR1EV 11 1
Coulm RaD'fie +
I * 1 r
LF
--t-- --' n