Loading...
HomeMy WebLinkAbout5.D.2. Joint Powers Agreement for the use of City Facilities s-. 0.:1-, CITY OF SHAKOPEE MEMORANDUM cn'~~PF1~T U~..~t~ ~ ~IJj .. . l.' ~ i&.. fll To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Parks, Recreation & Natural Resources Director Date: November 18, 2008 Subject: Joint Powers Agreement for the Use of Facilities INTRODUCTION The City and Shakopee School District entered into an agreement in 1995 that outlined priority use of facilities for each organization. This agreement was renewed in 2001 and expired on December 31, 2002. The joint powers agreement was revised in 2004 and provided a clause that automatically renewed the agreement unless canceled or changed by each organization. City and School District representatives began meeting in spring of 2008 to discuss updating and renewing the agreement. The attached document is the outcome of these discussions. BACKGROUND The proposed agreements continue the basic philosophy of providing priority access to activity space for each organization at no charge (except where noted). This relationship has been advantageous to both organizations by providing shared access to facilities. Without shared access, there would be a significant lack of activity space for both the City and the School District. The most significant change being proposed in the City and School District facilities agreement is the implementation of fees for additional staffing of the facilities during times when staff is not normally scheduled. Charging a fee for the additional staffing cost is to provide each entity with financial assistance for special uses. The City and the School District will continue to gather data on expenses associated with hosting activities for each other. Some examples of the data that will be collected include the equipment and labor costs for the City to maintain School fields, and the staffing costs for the School to provide space for City activities. This data will be used as needed. The most significant change to the aquatic facilities agreement is the addition of the Junior High swimming pool. The Junior High swimming pool opened in 2007 and the School District has allowed the City to use the pool for a variety of activities. The joint powers agreement now specifies the priority of scheduling the pool and grants the City permission to use the pool for swimming lessons, water aerobics, lap swimming and other City sponsored activities. In addition to the above changes, several other minor changes are being proposed: . Updated list of School and City facilities. . Addition of language stating that the School District is granted permission to use the Ice Arena at no charge during the school day for their educational classes. . Inclusion of ADA clause in the aquatic facilities agreement. . Clarification on pool use priority at the Middle School and Junior High pools. . Establish that the agreements shall continue in effect for one year from the date of execution. The agreements shall automatically renew for one year terms on an annual basis. . Revised School and City responsibilities associated with maintaining facilities. . The City Attorney's office reorganized the information in the agreements for clarity. The final copies of the agreement are included. CITY VISION & GOALS A. Active and Healthy Community RECOMMENDATION Staff believes that these agreements are beneficial to both the City and the School District. REQUESTED ACTION City Council is asked to review these agreements, and if so inclined, move to authorize approval of the Joint Powers Agreement for Use of City of Shakopee Facilities and ISO #720 Facilities and for City Use of ISO #720 Aquatic Facilities, pending joint approval by the School Board. I a ie olley rks, Rec & Natural Resources Director JOINT USE AGREEMENT FOR USE OF CITY OF SHAKOPEE & INDEPENDENT SCHOOL DISTRICT #720 FACILITIES THIS AGREEMENT made and entered into this _ day of ,2008, by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and INDEPENDENT SCHOOL DISTRICT NO. 720, a municipal corporation, hereinafter referred to as "SCHOOL"; and WITNESSETH: WHEREAS, the CITY has constructed and operates facilities within its Parks and Recreation system which are made available for a multitude of active and passive recreational and educational activities; and WHEREAS, the SCHOOL has constructed similar facilities and operates among other educational programs and activities, physical education programs, extra curricular activities programs, intramural programs, junior varsity and varsity events, community education programs, and athletic programs; and WHEREAS, that it is determined to be in the best interest of the citizens of the CITY and the SCHOOL to provide for the joint use of the CITY and SCHOOL facilities for recreational and educational activities as much as possible so as to reduce the costs incurred by the CITY and the SCHOOL in obtaining and constructing facilities to accommodate their programs and activities; and NOW, THEREFORE, it is hereby agreed by and between the CITY and the SCHOOL as follows: 1. Permission to the SCHOOL for Use of CITY Facilities. The CITY grants the SCHOOL non-exclusive permission, in common with the City, to use and occupy the following CITY Facilities: 1 ih Avenue Sports Complex Lions Park Memorial Park Muenchow Fields Shakopee Community Center (and the attached Shakopee Ice Arena) Stans Park Riverview Park Tahpah Park ("CITY Facilities"). 2, Permission to the CITY for Use of SCHOOL Facilities. The SCHOOL grants the CITY non-exclusive permission, in common with the SCHOOL, to use and occupy the following SCHOOL Facilities: Central Family Center Eagle Creek Elementary 1 Pearson Elementary Red Oak Elementary Shakopee Junior High School Shakopee Middle School Shakopee Senior High School Sun Path Elementary Sweeney Elementary ("SCHOOL Facilities"). 3. Terms and Conditions for Use of the Facilities. The parties currently have contracts with and have issued permits to other entities and organizations for the use of some of their facilities during certain dates and times. These contracts and permits shall remain in force. However, the parties agree that upon renegotiation or expiration of a contract or permit, they will give each other priority over the other entities and organizations for scheduling of the facility unless the scheduling request will impact a tournament. Absent a contract or permit that applies to the desired time at a facility, the parties shall have at all times scheduling priority over any third party for the use of the facilities of the other party. The CITY agrees to allow the SCHOOL to schedule all of the SCHOOL's boys and girls varsity and junior varsity hockey practices and games at the Shakopee Ice Arena. The SCHOOL shall provide the CITY with a schedule of all practice times and game times on a yearly basis for scheduling purposes. The SCHOOL may also schedule additional time at the Shakopee Ice Arena for physical education purposes. 4. Schedulino of the Facilities. The parties agree that all requests for scheduling of any of the facilities subject to this Agreement shall be submitted by the party requesting use to the party with the scheduling responsibility for the facility and time period requested. 5. Consideration for Use of the Facilities. With the exception of the Shakopee Ice Arena, the CITY does hereby agree to allow the SCHOOL to schedule use of all programs or activities of the SCHOOL at no cost to the SCHOOL and on a priority basis except as otherwise provided in this Agreement. The SCHOOL will be charged staff fees for overtime required when CITY staff is normally not scheduled at that particular facility. The SCHOOL agrees to pay the CITY for its use of the Shakopee Ice Arena for the Hockey program at the rates specified in the CITY's most current fee schedule. The City does hereby allow the SCHOOL physical education programs to utilizing the Shakopee Ice Arena at no cost to the SCHOOL. The SCHOOL does hereby agree to allow the CITY to schedule the use of all SCHOOL facilities for programs or activities of the CITY at no cost to the CITY and on a priority basis except as otherwise provided in this Agreement. Any CITY- sponsored groups doing fundraising activities, charging admission, or collecting money will be charged SCHOOL staff fees for times when SCHOOL staff is normally not in the building or for special needs. 2 6. Responsibilities of the Parties. As additional consideration for use of each other's facilities, the parties agree to be responsible for the following: Responsibilities of the SCHOOL: a. Maintain the tennis court surface, fencing and nets at the Shakopee Junior High School and Shakopee Senior High School; b. Annually reimburse the CITY for its expenses associated with the purchase of supplies associated with outfield/sideline striping of soccer fields, baseball field and softball fields at Tahpah Park, Riverview Park and the 1ih Ave. Sports Complex; c. Annually reimburse the CITY for its expenses associated with the purchase of ag lime and clay to be placed on the SCHOOL Facility fields; d. Provide maintenance of all SCHOOL Facility backstops as needed. Responsibilities of the CITY: a. Annually provide restroom facilities at all CITY parks and SCHOOL Facilities between April 15th and October 15th of each year, with the exception of Vaughn Field; b. Drag ball fields located on SCHOOL Facilities and CITY Facilities during baseball/softball season; c. Annually deposit and grade ag lime on SCHOOL Facility fields; d. Trim sod around SCHOOL Facility infields as needed; e. Stripe all of the 1 ih Avenue Sports Complex soccer fields, baseball fields and softball fields during soccer, baseball and softball season; and 7. CleaninQ and Maintenance of the Facilities. Except as otherwise specified above, both parties shall be responsible for keeping and maintaining their respective facilities which are subject to this Agreement in good order and repair and in a clean, safe and usable condition. 8. Facilitv DamaQe. If a facility subject to this Agreement, or any part of the improvements that form a part of the facility is damaged or destroyed by the willful or negligent conduct of the party using the facility, that party shall promptly repair such damage or replace such improvements that were destroyed. 9. Facilitv Use. The parties agree that while they are using the other party's facilities pursuant to the terms of this Agreement, they will comply with the policies for use, operation and supervision of the facility as established by the other party and such other policies as established by the other party provided such policy does not violate the rules of the Minnesota State High School League. The employees and agents of the party using the facility shall remain the employees and agents of that party. 3 Except as may otherwise be agreed between the CITY and the SCHOOL from time to time, the CITY and the SCHOOL shall make reasonable efforts to limit those activities taking place in a facility subject to this Agreement to those which the facility was designed for and which will not be destructive to the facility or the equipment of the other party, or otherwise carry an unreasonable risk of injury or harm to the participants, supervisors, or spectators of the activities. The personal property of the CITY situated on or within CITY Facilities and SCHOOL Facilities shall at all times during the term of this Agreement be the property of the CITY and the responsibility ofthe CITY. Correspondingly, personal property of the SCHOOL situated on or within the SCHOOL Facilities and CITY Facilities shall at all times for purposes of this Agreement remain the property of the SCHOOL and the responsibility of the SCHOOL. 10. Facilitv Supervision. The parties agree that when utilizing the other party's facilities pursuant to this Agreement, they will provide individuals to supervise programs to be conducted at their own expense. The parties agree that they will be responsible for the control and supervision of all participants and spectators at events to be held at the other party's facility. The party who is the owner of the facility to be used shall determine the method and degree of supervision that will be required. 11. Indemnification. The CITY shall conduct its activities at the SCHOOL Facilities so as not to endanger any person lawfully thereon; and shall indemnify, defend, save and hold harmless the SCHOOL and all of its officials, agents, contractors, employees and invitees against all claims, demands and actions and all related costs and expenses (including reasonable attorneys' fees) for injury, death, disability or illness of any person or damage to property, occurring during the CITY's use of the SCHOOL Facilities, arising out of the CITY's use of the SCHOOL's Facilities, or the use thereof by any official, employee, agent, contractor or invitee of the CITY pursuant to this Agreement, except to the extent caused by the misconduct of the SCHOOL, its officials, employees, agents, contractors, students or invitees. The CITY's indemnification obligations set forth in this section shall survive any termination of this Agreement. Nothing in this provision is intended to be, nor shall constitute, a waiver of any immunities or defenses that the CITY might otherwise be entitled to under federal, state or local law. The SCHOOL shall conduct its activities at the CITY Facilities so as not to endanger any person lawfully thereon; and shall indemnify, defend, save and hold harmless the CITY and all of its officials, agents, contractors, employees and invitees against all claims, demands and actions and all related costs and expenses (including reasonable attorneys' fees) for injury, death, disability or illness of any person or damage to property, occurring during the SCHOOL's use of the CITY's Facilities, arising out of the SCHOOL's use of the CITY's Facilities, or the use thereof by any official, employee, agent, contractor or invitee of the SCHOOL pursuant to this Agreement, except to the extent caused by the misconduct of the CITY, its officials, employees, agents, contractors or invitees. The SCHOOL's indemnification obligations set forth in this section shall survive any termination of this Agreement. Nothing in this provision is intended to be, nor shall constitute, a waiver of any immunities or defenses that the SCHOOL might otherwise be entitled to under federal, state or local law. 4 12. Insurance. The CITY shall keep in force, at the expense of the CITY, and throughout the term of this Agreement, applicable insurance coverage for the CITY Facilities and for its activities through the League of Minnesota Cities Insurance Trust (LMCIT) or at its option, may self-insure. To the extent permitted by the LMCIT, the CITY will list the SCHOOL as an additional insured. The CITY shall be responsible for damage or loss to its personal property or equipment located within or on the SCHOOL Facilities. The SCHOOL shall keep in force, at the expense of the SCHOOL and throughout the term of this Agreement, applicable insurance coverage for the SCHOOL Facilities and for its activities through an insurer or company that is acceptable to the CITY in the CITY's reasonable discretion. The SCHOOL will list the CITY as an additional insured. The SCHOOL shall be responsible for damage or loss to its personal property and equipment located within or on the CITY Facilities. 13. Amendment of Aqreement. This Agreement may be amended in writing by mutual agreement of the parties. 14. Term of Aqreement. Unless earlier terminated, this Agreement shall be effective upon execution by both parties. This Agreement shall continue in effect for one year from the date of execution. This Agreement shall automatically renew for a one year term on an annual basis upon expiration of the term of the Agreement. Either party may choose to terminate this Agreement at any time by providing a 90 day written notice to the other party. 15. Compliance with Laws. The parties shall at their respective expense, comply with all laws, ordinances, rules, orders, regulations and other requirements of governmental authorities, now or subsequently pertaining to their facilities subject to this Agreement. The CITY and the SCHOOL agree to comply with the Americans with Disabilities Act and to not discriminate on the basis of disability in the admission or access to services, programs, or activities that are held at the facilities subject to this Agreement. Upon request, the parties agree that accommodation as required by the Americans with Disabilities Act will be provided to allow individuals with disabilities to participate in services, programs, and activities at the facilities subject to this Agreement. The CITY and the SCHOOL agree to hold harmless and indemnify each other from any damages, claims and reasonable attorneys' fees incurred as a result of any action or proceeding brought alleging a violation of the Americans with Disabilities Act for their respective facilities, programs, or services. 5 16. Notices. Any notice required or permitted to be sent pursuant to this Agreement shall be in writing and be distributed by courier delivery, facsimile transmission or U.S. Mail to the following addresses, or to such other address as may be specified from time to time in writing by the SCHOOL or the CITY. SCHOOL Independent School District No. 720 Attn: CITY City of Shako pee 129 South Holmes Street Shakopee. MN 55379 Attn: City Administrator 17. Entire Aareement. This Agreement contains the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed the day and year first above written. CITY OF SHAKOPEE By: John Schmitt Its: Mayor By: Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk INDEPENDENT SCHOOL DISTRICT #720 By: Its: By: Its: 6 AGREEMENT FOR CITY USE OF INDEPENDENT SCHOOL DISTRICT #720 AQUATICS FACILITIES THIS AGREEMENT made and entered into this day of ,2008, by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and INDEPENDENT SCHOOL DISTRICT NO. 720, a municipal corporation, hereinafter referred to as "SCHOOL"; and WITNESSETH: WHEREAS, the CITY operates aquatics programs, such as swimming lessons, lap swimming, water aerobics and other special CITY-sponsored events; and WHEREAS, the SCHOOL has constructed and operates aquatics facilities within the CITY for its educational programs and activities; and WHEREAS, the CITY would like to sponsor aquatics programs at some of the SCHOOL's aquatics facilities; and WHEREAS, the CITY and the SCHOOL would like to sponsor some common aquatics programs and events at the SCHOOL's facilities; and WHEREAS, the SCHOOL has agreed to permit the CITY to utilize some of the SCHOOL's aquatics facilities for these programs; and NOW, THEREFORE, it is hereby agreed by and between the CITY and the SCHOOL as follows: 1. Permission to the CITY for Use of SCHOOL Facilities. The SCHOOL grants the CITY non-exclusive permission, in common with the SCHOOL, to use and occupy the following SCHOOL FACILITIES: Shakopee Middle School Swimming Pool (and attached locker rooms) Shakopee Junior High School Swimming Pool (and attached locker rooms) ("SCHOOL Facilities"). The SCHOOL shall provide the CITY with keyless entry cards to the SCHOOL Facilities and interior keys as appropriate to the pool areas and locker rooms. 1 2. Terms and Conditions for the CITY's Use of the SCHOOL Facilities. The SCHOOL shall provide the CITY with usage of the Shakopee Middle School Swimming Pool for CITY -sponsored swimming lessons. The SCHOOL shall provide the CITY with usage of the Shakopee Junior High School Swimming Pool for CITY-sponsored swimming lessons, lap swimming, water aerobics and other special CITY-sponsored events. The SCHOOL shall have first priority to schedule the Middle School pool and locker rooms for its K-12 programs (physical education instruction, competitive team practices and meets). The CITY shall have priority scheduling over any third party for all other available time periods. The SCHOOL shall have first priority to schedule the Junior High School pool and locker rooms for its K-12 programs (physical education instruction, competitive team practices and meets and any other existing contractual agreements that the SCHOOL may have with other entities). The CITY shall have priority scheduling over any third party for all other available time periods. The CITY shall submit all requests for scheduling of the SCHOOL Facilities in writing to the SCHOOL's Community Education Department with the name of the facility and the time period requested. The SCHOOL and CITY also agree that they will continue to develop together common aquatics programs, such as "Family Fun Night," to be held at the SCHOOL Facilities. 3. Consideration for Use of the SCHOOL Facilities. The CITY agrees to pay the SCHOOL $_5.00_ per CITY-sponsored swimming lesson participant for its use of the SCHOOL Facilities. This rate is subject to adjustment by mutual agreement of both parties no later than August 1 st of each year. 4. Responsibilities of the Parties. Responsibilities of the SCHOOL: a. The SCHOOL will provide for all pool and facility maintenance expenses, basic operational expenses and capital expenses related to the SCHOOL Facilities. The SCHOOL agrees to keep and maintain the SCHOOL Facilities in good order and repair and in a clean, safe and usable condition. b. The SCHOOL will provide the pools at the SCHOOL Facilities with modern and up-to-date emergency equipment, post pool safety signage and provide on-site first aid supplies. 2 Responsibilities of the CITY: a. The CITY will be responsible for cleaning, picking up and restoring the SCHOOL Facility to its previous condition after all CITY-sponsored aquatic activities. The CITY shall also secure all areas before vacating the SCHOOL Facility. These areas include, but are not limited to the following areas: pool, deck, pool office, bleachers and locker rooms. b. The CITY shall provide appropriate staffing and supervision for the CITY- sponsored aquatics activities that are held at the SCHOOL Facilities. If the CITY requires that a SCHOOL Facility be open when it is not typically open, the CITY shall be responsible for reimbursing the SCHOOL for the SCHOOL's supervision expenses. c. The CITY will coordinate and administer registration for common aquatics programs to be sponsored by the CITY and the SCHOOL at no expense to the SCHOOL. 5. Facility DamaQe. If a SCHOOL Facility or personal property of the SCHOOL in a SCHOOL Facility subject to this Agreement is damaged or destroyed by the willful or negligent conduct of the CITY, the CITY shall promptly repair such damage or replace such property that was destroyed. 6. Facility Use. The CITY agrees that when it is using the SCHOOL Facilities pursuant to the terms of this Agreement, it will comply with the SCHOOL's policies for use, operation and supervision of the facility as established by the SCHOOL and such other policies as established by the SCHOOL. All employees and agents of the SCHOOL shall remain the employees and agents of the SCHOOL. All employees and agents of the CITY shall remain the employees and agents of the CITY. Except as may otherwise be agreed between the CITY and the SCHOOL from time to time, the CITY shall make reasonable efforts to limit those activities taking place in a SCHOOL Facility to those for which the facility was designed and which will not be destructive to the facility or the SCHOOL's equipment or otherwise cause an unreasonable risk of injury or harm to the participants, supervisors, or spectators of the activities. The personal property of the SCHOOL situated on or within the SCHOOL Facilities shall at all times remain the property and responsibility of the SCHOOL. Correspondingly, personal property of the CITY situated on or within the SCHOOL Facilities shall at all times remain the property and responsibility of the CITY. 3 7. Indemnification. The CITY shall conduct its activities at the SCHOOL Facilities so as not to endanger any person lawfully thereon; and shall indemnify, defend, save and hold harmless the SCHOOL and all of its officials, agents, contractors, employees and invitees against all claims, demands and actions and all related costs and expenses (including reasonable attorneys' fees) for injury, death, disability or illness of any person or damage to property, occurring during the CITY's use of the SCHOOL Facilities, arising out of the CITY's use of the SCHOOL's Facilities, or the use thereof by any official, employee, agent, contractor or invitee of the CITY pursuant to this Agreement, except to the extent caused by the misconduct of the SCHOOL, its officials, employees, agents, contractors, students or invitees. The CITY's indemnification obligations set forth in this section shall survive any termination of this Agreement. Nothing in this provision is intended to be, nor shall constitute, a waiver of any immunities or defenses that the CITY might otherwise be entitled to under federal, state or local law. 8, Insurance. The CITY shall keep in force, at the expense of the CITY, and throughout the term of this Agreement, applicable liability insurance coverage for its aquatics activities through the League of Minnesota Cities Insurance Trust (LMCIT) or at its option, may self-insure. To the extent permitted by the LMCIT, the CITY will list the SCHOOL as an additional insured. The CITY shall be responsible for damage or loss to its personal property or equipment located within or on the SCHOOL Facilities. The SCHOOL shall keep in force, at the expense of the SCHOOL and throughout the term of this Agreement, applicable insurance coverage for the SCHOOL Facilities and for its activities through an insurer or company that is acceptable to the CITY in the CITY's reasonable discretion. The SCHOOL will list the CITY as an additional insured. 9. Amendment of Aqreement. This Agreement may be amended in writing by mutual agreement of the parties. 10. Term of Aqreement. Unless earlier terminated, this Agreement shall be effective upon execution by both parties. This Agreement shall continue in effect for one year from the date of execution. This Agreement shall automatically renew for a one year term on an annual basis upon expiration of the term of the Agreement. Either party may choose to terminate this Agreement at any time by providing a 90 day written notice to the other party. 4 11. Compliance with Laws. The parties shall at their respective expense, comply with all laws, ordinances, rules, orders, regulations and other requirements of governmental authorities, now or subsequently pertaining to their facilities or programs subject to this Agreement. The CITY and the SCHOOL agree to comply with the Americans with Disabilities Act and to not discriminate on the basis of disability in the admission or access to services, programs, or activities that are held at the facilities subject to this Agreement. Upon request, the parties agree that accommodation as required by the Americans with Disabilities Act will be provided to allow individuals with disabilities to participate in services, programs, and activities at the facilities subject to this Agreement. The CITY and the SCHOOL agree to hold harmless and indemnify each other from any damages, claims and reasonable attorneys' fees incurred as a result of any action or proceeding brought alleging a violation of the Americans with Disabilities Act for their respective facilities, programs, or services. 12. Notices. Any notice required or permitted to be sent pursuant to this Agreement shall be in writing and be distributed by courier delivery, facsimile transmission or U.S. Mail to the following addresses, or to such other address as may be specified from time to time in writing by the SCHOOL or the CITY. SCHOOL Independent School District No. 720 Attn: CITY City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Attn: City Administrator 13. Entire Aqreement. This Agreement contains the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. 5 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed the day and year first above written. CITY OF SHAKOPEE By: John Schmitt Its: Mayor By: Mark McNeill Its: City Administrator By: Judith S. Cox Its: City Clerk INDEPENDENT SCHOOL DISTRICT #720 By: Its: By: Its: 6