4.7. SR 10-21-2019
Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent October 21, 2019 Michael Hecker, Parks and Recreation Director
Item Description Reviewed by
Spectrum Outdoor Ice Rink Agreement Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, the agreement for the mutual use of a hockey rink and warming house at Spectrum
Charter School’s athletic complex.
Background/Discussion
City Council discussed at the July 15, 2019, work session the parameters of a partnership for the mutual
use and maintenance of an outdoor ice rink and warming house at Spectrum High School. City Council
provided direction to draft an agreement. Originally, Elk River Youth Hockey Association (ERYHA) was
a part of the partnership effort. ERYHA since has chosen not to pursue an agreement because they have
other financial priorities in which they are choosing to invest their funds.
Spectrum and city staff continued to work on a partnership with the same terms first discussed with City
Council with the exception Spectrum will now purchase the dasher boards. The plan is for the boards to
be installed this winter assisted by city maintenance staff.
The plan is for the school to install outdoor lighting this November and for the city to staff the Spectrum
building as a warming house. The City Attorney has reviewed the proposed agreement.
Financial Impact
The city costs to maintain the ice and provide warming house attendants will be covered by discontinuing
the ice rinks at Lion John Weicht Park and Kliever Lake Fields Park
Attachments
Agreement for Outdoor Hockey Rink at Spectrum
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE OF ACTIVE
USE AREAS (HOCKEY RINK AND WARMING HOUSE) LOCATED AT 10129 181ST AVENUE NW,
ELK RIVER, MN
THIS AGREEMENT made and entered into this 21st day of October, 2019, by and between the following
parties:
Spectrum Building Company, a nonprofit corporation under Minnesota Statutes, Chapter 317A, herein
referred to as “OWNER”
Spectrum High School, a public charter school under Minnesota Statutes, section 124E and nonprofit
corporation under Minnesota Statutes, Chapter 317A, herein referred to as “SCHOOL”; and
The City of Elk River, a municipal corporation and political subdivision of the State of Minnesota,
hereinafter referred to as “CITY”
Recitals
WHEREAS, Spectrum Building Company (OWNER) is the owner of real property located at 10129 181st Ave
NW, Elk River, MN, which is leased fully to the SCHOOL, including these facilities that are capable of being
used by the CITY for community recreational purposes; and authorizes the SCHOOL to coordinate and delegate
use of leased facilities; and
WHEREAS, OWNER, SCHOOL, and CITY wish to organize and promote community recreation activities to
promote the health and general welfare of the community; and
WHEREAS, the OWNER and SCHOOL wish to have the facilities utilized for the increase of recreational
opportunities for the community use; and
WHEREAS the OWNER, SCHOOL, and CITY wish to enter into a joint powers agreement to clearly establish
each parties’ respective rights and responsibilities related to the maintenance and use of the facilities; and
NOW, THEREFORE, the OWNER, SCHOOL, and the CITY mutually agree as follows:
I. Term
This Agreement will begin on October 21, 2019 and will continue for a period of three years, \[and
then shall be automatically renewed on an annual basis\] unless sooner terminated as provided for
hereinafter in Section XXI below.
II. Effective Date
This Agreement shall be effective upon signature and inspection of Active Use Areas described
below by all parties.
III. Active Use Areas
The term “Active Use Areas” will be used for purposes of this Agreement to mean the designated
rink and warming house as identified on Attachment A to this Agreement. The SCHOOL shall have
the right to add or exclude Active Use Areas during the term of this Agreement, provided that any
such change shall be in writing and approved by all parties.
IV. Permitted Uses of Active Use Areas
A. School Use
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The SCHOOL shall be entitled to the exclusive use of all Active Use Areas for school and
school-related educational and recreational activities year round, and, at such other times as
Active Use Areas are being used by the SCHOOL or its agents.
B. Other Use
1. All parties agree that in providing access to Active Use Areas the following priorities for
use shall be utilized:
st
a. 1 Priority: SCHOOL activities
nd
b. 2 Priority: CITY activities (public access)
2. Subject to Rules, Regulations, and Policies
The CITY shall be responsible for enforcing all SCHOOL rules, regulations, and policies
while supervising recreational activities at Active Use Areas.
3. Compensation
In exchange for meeting their obligations under this agreement, the CITY will be entitled
to access to and use of Active Use Areas, without charge, for community recreational and
educational purposes for the benefit of the Elk River community.
V. Compliance with Law
All use of SCHOOL property shall be in accordance with state and local law. In the case of a conflict
between the terms of this Agreement and the requirements of state law, the state law shall govern.
Any actions taken by the SCHOOL, or the CITY that are required by state law, but are inconsistent
with the terms of this Agreement, shall not be construed to be a breach or default of this Agreement.
VI. Communication
A. Designation of Employees
The SCHOOL and the CITY shall respectively designate an employee with whom the other
party, or any authorized agent of the party, may confer regarding the terms of this Agreement.
1. School Representative: Facilities Director
2. City Representative: Parks and Recreation Director
B. Monitoring of Agreement
1. Once a year (or, as needed), all parties will meet to discuss and evaluate implementation of
the joint use Agreement and any problems that may arise. If the representatives are unable to
reach a solution on a particular matter, it will be referred to the SCHOOL’s Executive
Director and the City of Elk River Parks and Recreation Director, or their designees, for
resolution.
2. The Agreement shall be reviewed by September 1 each year to evaluate the project,
determine changes needed, and to propose amendments.
VII. Scheduling Use of Property
The SCHOOL will be responsible for developing the master schedule for use of the Active Use
Areas following the priorities listed in IV.B. Generally, SCHOOL use will take place during school
hours until 5:30 p.m. and CITY/public use would be on weekends.
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VIII. Documentation and Allocation of Operational Costs
A. Tracking Use of Facilities
The SCHOOL shall track use of the Active Use Areas under this Agreement.
B. Documentation of Costs
The SCHOOL shall maintain records of costs associated with the Agreement.
C. Attendant for Warming House
Each party will bear the cost of providing an attendant in the warming house when using the
facilities. Access to facilities will be coordinated through the SCHOOL.
IX. Fees and Charges
A. Fees
Other than providing for payment of the warming house attendant or any damages associated
with use (outside of normal wear and tear), no fees will be charged to the CITY during the term
of this agreement. This is in exchange for fulfilling other obligations under this agreement.
B. Annual Review of Benefits
The School and the CITY shall annually review the exchange of benefits based upon hours of
use, costs, fees and charges, maintenance, or capital investments. Any compensation for an
imbalance in joint use programming costs shall occur through balancing the exchange of future
benefits or the implementation of fees for use.
X. Improvements
A. The CITY shall obtain prior written consent of the SCHOOL prior to making any alterations,
additions, or improvements to School Active Use Areas.
1. Any such alterations, additions, or improvements will be at the expense the CITY, unless
otherwise agreed upon.
2. The SCHOOL may, for good cause, require the demolition or removal of any alterations,
additions, or improvements made by the other party at the expiration or termination of this
Agreement. “Good cause” includes reasons of health, safety, or the SCHOOL’S need for the
facilities.
XI. Training
The SCHOOL and the CITY will jointly ensure training and orientation for key personnel in the
implementation of this agreement.
XII. Supervision, Security and Enforcement
A. Supervision and Enforcement
The CITY shall train and provide an adequate number of competent personnel to supervise all
activities on the SCHOOL’s Active Use Areas and shall enforce all of the SCHOOL’S rules,
regulations, and policies while supervising activities or programs on the Active Use Areas.
1. Security
The SCHOOL shall provide the CITY with access to the SCHOOL’S Active Use Areas in a
manner determined by the SCHOOL (e.g. keys or security cards). Training will be provided
on an as needed basis to CITY employee(s) responsible for opening, maintaining, and
locking the Active Use Areas.
2. Inspection and Notification
CITY staff shall inspect the SCHOOL’S Active Use Areas to ensure these sites are returned
in the condition they were received and ensure the SCHOOL’S designated employee is
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notified within 12 hours in the event that any Active Use Area suffers damage during CITY
use.
XIII. Supplies
The CITY shall furnish and supply all expendable materials necessary to carry out its programs
while using the Active Use Areas.
XIV. Maintenance, Custodial Services, and Toilet Facilities
A. Maintenance
The CITY agrees to exercise due care in the use of the Active Use Areas and shall, during the
time of its use, keep the Active Use Areas in neat order.
The SCHOOL retains responsibility for maintenance of indoor Active Use Areas (Warming House) and
blacktop Active Use Areas. This includes snow removal on blacktop areas.
B. The CITY is responsible for flooding the rink, maintaining the ice in good skating condition, and
clearing the ice of snow in a timely manner – in accordance with the CITY’S snow clearing
priorities. If snow removal is not able to be completed in a timely manner, the SCHOOL will
communicate with the CITY and collaborate to ensure it is cleared for scheduled rink use.
XV. Custodial
The SCHOOL will provide for standard cleaning of the warming house on an as needed basis.
The SCHOOL shall make its trash receptacles available during CITY use of Active Use Areas. The
CITY shall encourage community users to dispose of trash in the trash receptacles. Each party will
assign a person to pick up trash after each use and dispose in the provided receptacles.
XVI. Toilet Facilities
The SCHOOL shall provide toilet facilities in the warming house of the Active Use Area. The SCHOOL shall
maintain these facilities. The CITY should monitor cleanliness and make the school aware when cleaning is
necessary outside of the scheduled cleaning.
XVII. Parking
CITY staff and users of the facilities must park on the designated black top areas provided.
XVIII. Restitution and Repair
The CITY shall be responsible for making restitution to the SCHOOL for the cost to repair,
remediate, or fund the replacement or remediation of any and all damage or vandalism to the Active
Use Areas that occurs during CITY use.
A. The SCHOOL shall, through its designated employee, inspect and notify the CITY, of any
damage, as described above. The notification should include (1) Which party will be responsible
for making the repairs; (2) The timeline for making repairs; (3) The method and timeline for
making reimbursements; and (4) The method for resolving disputes over repairs/reimbursements.
B. Repairs – except as mutually agreed, the CITY shall not cause repairs to be made for any
building, facility, property, or item of equipment for which the SCHOOL is responsible. The
SCHOOL agrees to make such repairs within the estimated and/or fixed costs agreed upon.
If it is mutually determined that the CITY is responsible for the damage, then the CITY agrees
to reimburse the SCHOOL at the estimated and/or fixed costs agreed upon.
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C. Reimbursement Procedure – The SCHOOL shall send an invoice to the responsible party’s (the
CITY) designated employee within 30 days of completion of the repairs to or replacement of
damaged property. The invoice shall itemize all work hours, equipment, and materials with cost
rates as applied to the repair work. If the repair is completed by a contractor, a copy of the
contractor’s itemized statement shall be attached. Actual costs shall be reimbursed if less than
estimated and/or fixed costs. The CITY shall reimburse the SCHOOL within 30 days from
receipt of such invoice.
D. Disagreements – The CITY shall retain the right to disagree with any and all items of damage
to buildings or equipment as identified by the SCHOOL, provided this disagreement is made
within 7 days after a first notification.
1. The CITY shall make any disagreements in writing to the SCHOOL by letter, facsimile, or
email to the SCHOOL’S designated employee. The CITY shall clearly identify the reasons
for refusing responsibility for the damages. Failure to make the disagreement within the
prescribed time period shall be considered as an acceptance of responsibility by the CITY.
2. After proper notification, the responsible person or other designated representatives of the
responsible party (the CITY and/or the SCHOOL), shall make an on-site investigation and
attempt a settlement of the disagreement.
3. In the event an agreement cannot be reached, the matter shall be referred to designated staff
identified in VI.A and B above.
4. The SCHOOL shall have the right to make immediate emergency repairs or replacements of
property without voiding the CITY’s right to disagree.
XIX. Liability, Indemnification, and Insurance
A. The SCHOOL and the CITY mutually agree to provide liability insurance in amounts not less
than the statutory limits established under Minnesota Statutes, Chapter 466 to protect and
indemnify each other from any and all claims for injuries and damages occurred or incurred by
virtue of the SCHOOL or the CITY use of the facilities identified under this Agreement. Said
insurance shall be customarily set by law or industry standards. The SCHOOL and the CITY
shall each add the other as an additional insured and provide the other with a certificate of
insurance. Said insurance shall not be cancelled without at least thirty (30) days prior written
notice to the other party.
B. The SCHOOL and the CITY shall each be responsible for the actions of its own employees,
agents, or contractors performing work under this agreement and shall indemnify, defend, and
hold harmless the other parties for any claims, actions, or damages resulting therefrom. Nothing
contained in this agreement is intended to create and employer/employee relationship between
the SCHOOL and the CITY and employees, agents, and contractors of either party.
C. Notwithstanding the indemnification provided this Agreement, the provisions of the Municipal
Tort Claims Act, Minnesota Statutes, Chapter 466 and other applicable laws govern liability of
the SCHOOL and the CITY.
D. Nothing contained in this agreement shall be interpreted as a waiver of any governmental
immunity, defenses, or liability caps contained in state law or elsewhere, nor shall this agreement
be interpreted to provide for the stacking of any liability limits under state law.
XX. Termination
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This joint powers Agreement shall remain in full force and effect until it is either cancelled in
writing by either party upon sixty (60) days-notice, or otherwise terminates by operation of law.
XXI. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject
matter and supersedes any prior negotiations, representations, agreements, and understandings.
XXII. Amendments
This Agreement may not be modified, nor may compliance with any of its terms be waived, except
by written instrument executed and approved in the same manner as this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this JOINT POWERS AGREEMENT to be executed
the day and year first written above.
Spectrum Building Company (OWNER) Spectrum High School (SCHOOL)
By: _______________________________ By: ________________________________
Its: _________________________ Its: __________________________
City of Elk River (CITY)
By: ________________________________
Its: __________________________
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