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8.3 SR 04-05-2021 Request for Action To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by General Business April 5, 2021 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Joint Powers Agreement for Handke Pit Reviewed by Action Requested Approve, by motion, a Joint Powers Agreement for the mutual use and maintenance of the Handke Center Stadium (aka Handke Pit). Background/Discussion During recent collaborations between city staff and ISD 728 Continuing Education, it was found a formal agreement for the city’s rinks at Handke Pit does not exist. The responsibilities outlined in the agreement as it relates to the rinks are not new since they have been in place for decades but the sidewalk outlined below will be added to the city sidewalk maintenance program. The agreement was reviewed by City Attorney Peter Beck and ISD 728 Administration. Financial Impact As part of this agreement, the sidewalk at Handke adjacent to Main Street from Norfolk Avenue to the Handke Center driveway on Main Street will need to be added to the city’s winter sidewalk program. Mission/Policy/Goal Opportunity to live, work, and play. Attachments  Joint Power Agreement Draft The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE OF THE HANDKE CENTER STADIUM th THIS AGREEMENT made and entered into this 5 day of April, 2021, by and between the CITY OF ELK RIVER, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as “CITY” and INDEPENDENT SCHOOL DISTRICT 728, herein referred to as “DISTRICT”; and WITNESSETH: WHEREAS, the DISTRICT owns PARK property adjacent to the Handke Center; and WHEREAS reference to PARK in this agreement shall be to the following defined amenities: field space, ice rinks, sledding hill, park access and warming house; and WHEREAS, the CITY and the DISTRICT intend to cooperate in the creation, maintenance, repair and improvement of the PARK amenities; and WHEREAS, it is in the best interest of the CITY and the DISTRICT to provide for the joint use of public facilities as much as possible to reduce the tax burden of the CITY and the DISTRICT and for the benefit of the citizens of the CITY and DISTRICT; and WHEREAS, the CITY and the DISTRICT 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 PARK; and WHEREAS, Minnesota Statutes, Section 471.59 and 471.656 provides that two or more governmental units, by agreement entered through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The DISTRICT shall have priority use of the PARK during school hours. The DISTRICT will retain priority use of the PARK for school activities that may occur outside normal school hours. The DISTRICT will not charge the CITY any fees for use of the PARK. 2. While the CITY is using the PARK pursuant to the terms of this agreement, the CITY agrees to comply with the DISTRICT procedures for use, operation and supervision of the PARK as established by the DISTRICT policies; and the DISTRICT facilities use procedures will be in force during CITY use of the PARK. 3. All DISTRICT property situated on or within the PARK shall always remain the property of the DISTRICT and the responsibility of the DISTRICT. Correspondingly, all CITY property situated on or within the PARK shall always remain the property of the CITY and the responsibility of the CITY. Either party wishing to place additional property in the PARK shall first obtain written permission from City Administrator and/or District Superintendent or designees, to do so. Any such agreement shall become an amendment to this agreement. 4. The DISTRICT shall have the sole responsibility for scheduling the PARK grounds, with the CITY given priority during the Winter season. The appropriate CITY recreation and DISTRICT Community Education staff shall meet, at minimum, two (2) times annually to discuss season dates and scheduling opportunities for the PARK. 5. Except as otherwise identified in this Agreement, the DISTRICT will provide maintenance and replacement of the defined PARK amenities listed above. The DISTRICT shall have sole responsibility for mowing and maintenance of public access ways and all PARK grounds. The CITY shall maintain the rinks and skating ice to their standards for all CITY activities. During the scheduled Winter season, the CITY will maintain and clear walkways from snow and ice on the PARK access driveway, stairways, walkways and the sidewalk adjacent to Main Street NW from Northfolk Ave NW to the Handke Center driveway on Main Street NW. 6. The DISTRICT shall be responsible for the maintenance, repair and replacement of the public access ways and other mechanical systems that make up the PARK. 7. The DISTRICT will equip and maintain the PARK with the following: Lighting on the public access walkways, stadium, and warming house. The CITY will assume responsibility for electrical costs to run lighting and warming house during the scheduled CITY programming. The DISTRICT will provide access to the warming house during CITY scheduled programming. The CITY and the DISTRICT will cooperate in determining whether to add, remove, or replace amenities located in the PARK, and all such additions, removals, or replacements shall be memorialized in writing as an amendment to this agreement. Likewise, the use and responsibilities as stated in this joint powers agreement may be changed or amended only by written amendment to this agreement. 8. The CITY and the DISTRICT mutually agree to provide liability insurance in amounts not less than the statutory limits established under Minn, Stat. Ch. 466 to protect and indemnify each other from all claims for injuries and damages occurred or incurred by virtue of the CITY or DISTRICT use of the PARK under this Agreement. Said insurance shall be customarily set by law or industry standards. The CITY and the DISTRICT shall each add the other as an additional insured and provide the other with a certificate of insurance. Said insurance shall not be canceled without at least thirty (30) days prior written notice to the other party. 9. The CITY shall be responsible for the actions of its employees, agents or contractors performing work under this agreement and shall indemnify, defend and hold harmless the DISTRICT for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create an employer/employee relationship between the DISTRICT and the CITY, nor the DISTRICT and employees, agents and contractors of the CITY. 10. The DISTRICT shall be responsible for the actions of its employees, agents or contractors performing work under this agreement and shall indemnify, defend and hold harmless the CITY for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create an employer/employee relationship between the CITY and the DISTRICT, nor the CITY and employees, agents and contractors of the DISTRICT. 11. Notwithstanding the indemnifications provided under Paragraphs 9 and 10 of this Agreement, the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the DISTRICT and the CITY. 12. 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. 13. This joint powers agreement shall remain in full force and effect until it is either canceled in writing by either party upon sixty (60) days-notice, or otherwise terminates by operation of law. IN WITNESS WHEREOF, the parties hereto have caused this JOINT POWERS AGREEMENT to be executed the day and year first written above. CITY OF ELK RIVER INDEPENDENT SCHOOL DISTRICT 728 By: ____________________________________ By: ____________________________________ Its: _______________________________ Its: _______________________________ By: ____________________________________ By: ____________________________________ Its: _______________________________ Its: _______________________________ Approved as to Form: ______________________________________ Its: _______________________________