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5.3. SR 04-09-2001Item 5.3. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Pat Klaers, City Administrator April 9, 2001 Joint Powers Agreement Attached for your review and consideration is an updated Joint Powers Agreement 0PA) for Community Recreation. The original JPA for Community Recreation was approved in 1992. This updated JPA cleans up some language (i.e., tides that no longer exist) and also reflects changes that have taken place over the last nine years (i.e., school district is no longer listed as the fiscal agent or the supervisor of the employees and office space is now with the City of Elk River and not with the school). While some may say that the JPA is far from perfect, it was a unanimous recommendation from the board to send the document onto each member for approval. The City of Elk River has always been, and I believe continues to be, a strong supporter of the JPA and a member of the group for the long term and this updated JPA addresses our needs. Recommendation It is recommended that the City Council approve the attached Joint Powers Agreement for Community Recreation. Community Recrmtion Memo Date: March 19, 2001 To: Paul Motin Virginia Wendell Roger Rosenquist Gary Eitel Mark Strater Cc: Pat Klaers'"",4 Mike Robertson Gary Morrison David Flannery From: Michele Bergh R£: Joint Powers Agreement Enclosed you will find the final draft of the Joint Powers Agreement as well as the Community Recreation Funding Formula document. Please have your council/ board review these and either approve them or bring back any concerns they may have. I can be reached at the number below if you have any questions or if you would like me to attend your meeting. Thank you for your help. from the desk of... Michele Bergh Manager 50 Main Street NW Elk River, MN 55330 763/274-1840 Fax: 763/274-1842 JOINT POWERS AGREEMENT FOR COMMUNITY RECREATION THIS AGREEMENT, made this __ day of ,2001, between Independent School District No. 728 ("District"), and the undersigned municipalities and townships ("Local Governments"). All Local Governments with residents in the District are eligible to participate in this Joint Powers Agreement upon approval by their governing body and the Joint Powers Recreation Board. WHEREAS, pursuant to the authority granted by the Minnesota Joint Powers Act, Section 471.59, and all other applicable statutes and power, the District and several local governments within the District agree to cooperate in providing for a joint Community Recreation organization and staff; and to provide a body to solicit bids under the Municipal Purchasing Act. NOW THEREFORE, it is agreed by and between the parties as follows: 1. JOINT POWERS RECREATION BOARD: The membership of the Joint Powers Recreation Board (hereafter referred to as "Community Recreation Board") shall consist of the following: One member shall be appointed by the governing body of each participating Local Government. One member shall be appointed from the District. The Community Recreation Board shall perform an advisory function. Its major responsibilities shall be to: a. Provide input into the decision making process. b. Recommend Community Recreation policies. c. Give direction to the overall development of Community Recreation. d. Solicit bids and proposals for the purchase of equipment and supplies on behalf of any or all of the participating local governments under the provisions of Minnesota Statutes Section 471.345 (Municipal Purchasing Act) and 471.59 (Joint Powers Act), as those statutes may be amended from time to time." The term of the members and officers shall be for one calendar year. Members shall be eligible for reappointment. The Community Recreation Board shall elect its own officers, and, shall adopt its own rules and procedures consistent with the terms of this agreement. 2. FINANCE: Each year the Community Recreation department head shall recommend a budget to the Community Recreation Board. The recommended budget shall be prepared in consultation with the appropriate administrative officials of each Local Government that is a party to this agreement. The budget shall set forth the proposed program of activities to be provided on a service area basis, and within each participating Local Government. Upon approval by the Community Recreation Board, the budget will be submitted to each Local Government for approval. Upon approval, each participating Local Government will transmit its share of the approved amount to the fiscal agent. Such payment shall be made bi-monthly in advance or as determined by the fiscal agent and the Community Recreation Board to meet cash requirements. At the end of each fiscal year the Community Recreation Board shall review the funds expended in the previous year. Actual expenditures in a previous year shall be the basis for adjusting a current year's monthly payments based on an over or under expenditure of actual expenditures compared to the budget in the prior year. At the end of each year the Community Recreation department head shall prepare a report of activities conducted in the previous year and submit this report to the Community Recreation Board and to the parties of this Agreement. The annual report shall be in a form such that it can be compared to the proposed program on which the annual budget has been prepared. The Community Recreation Board shall review and recommend the appropriate use of State and Federal Grants. The Community Recreation Board shall have no taxing power. 3. FUNDING/SERVICE RESPONSIBILITIES: District Responsibility: In order to encourage and facilitate the growth and development of a coordinated recreation program the District will provide: · Office Space as requested by the Community Recreation Board · Access to recreation facilities as requested by the Community Recreation Board (and the maintenance of such facilities). · Community Education will not provide recreational programs or services including to non- member municipalities, nor will the Community Recreation department duplicate programs currently being offered by Community Education. Local Government Responsibility: In an effort to maintain a cooperative fund the Local Governments will provide: · Funding on a pro-rata basis for all amounts in the approved Community Recreation budget but not limited to the following: o All salaries, wages, and benefits for Community Recreation employees o All administrative and operating costs o Other as approved by the Community Recreation Board o Funding for personnel and all program expenses for the programs in your Local Government · Access to facilities as requested by the District or the Community Recreation Board. 4. DISTRICT AND LOCAL GOVERNMENT FACILITIES: Use of District facilities shall be in accordance with the administrative handbook of the District. Use of local government facilities shall conform to policies established by each Local Government. Each Local Government shall be responsible for the maintenance and repair of its facilities. The Community Recreation department head shall bring to the attention of the appropriate Local Government or District official items in need of repair or maintenance and a suggested time when the maintenance might be performed so as not to disrupt programmed activities. The construction of any new facilities shall be the prerogative and responsibility of each Local Government. In order to minimize duplication and thereby reduce costs, the parties are encouraged to enter into supplementary maintenance agreements for each project or facilities jointly used, taking into consideration sharing of staff and equipment, rental of equipment, joint powers of equipment, etc., for park development and maintenance purposes. 5. EMPLOYEES: mo Any administrative staff and other support staff will be deemed an employee of a local government for purposes of payroll, fringe benefits and insurance coverage. The Community Recreation Board shall determine the salary and benefit package. All staff shall serve at the pleasure of the Community Recreation Board. B. Employees or volunteers responsible for carrying out the recreational activities shall be recommended to the appropriate local government by the Community Recreation department head. 6. LIABILITY: Each party shall assume sole responsibility for injuries to users of its facilities while the facilities are being used for Community Recreation programs. Each party shall secure proper liability insurance to provide for any such claim. 7. LENGTH OF AGREEMENT AND TERMINATION: The amount of notice required for a party to terminate its membership is a minimum of six months, but the actual date of withdrawal will be the last day of the calendar year in which said six month period ends. Notwithstanding the prior sentence, if such notice to withdraw is provided by the member after June 30 but before October 1, the actual date of withdrawal will be the last day of the month during which said six months period ends. COUNTERPARTS: This agreement may be executed in any number of counterparts and each shall be deemed to be an original, and this Agreement shall be binding upon every Governmental entity that executes any of such counterparts. WHEREAS, the parties have affixed their signatures in the spaces provided on separate pages which follow: CITY OF ELK RIVER By: ITS: Mayor ATTEST: ITS: Clerk (Remainder of page intentionally left blank) CITY OF OTSEGO By: ITS: Mayor ATTEST: ITS: Clerk (Remainder of page intentionally left blank) CITY OF ROGERS By: ITS: Mayor ATTEST: ITS: Clerk (Remainder of page intentionally left blank) HASSAN TOWNSHIP By: ITS: Mayor ATTEST: ITS: Clerk (Remainder of page intentionally left blank) INDEPENDENT SCHOOL DISTRICT 728 By: ITS: Chair ATTEST: ITS: Clerk (Remainder of page intentionally left blank) COMMUNITY RECREATION FUNDING FORMULA All terms contained herein shall be as defined in the Joint Powers Agreement. Each Local Government shall pay its pro-rata share of Community Recreation's operating costs as approved in the annual budget. Such budget shall be adopted in accordance with Section 2 of the Joint Powers Agreement. Each Local Government' s pro-rata share shall be determined using the following funding formula: Each Local Government shall pay a Per Capita Assessment based on its population times a per capita amount determined by the Recreation Board. a. The current per capital amount is $2.61 The total Per Capita Assessment shall be subtracted from the approved budget to determine the remaining balance to be funded. Each Local Government shall pay the amount determined by applying its percent of participation for the previous year to the remaining balance to be funded. a. Percent of participation shall be determined by dividing each Local Government's member participation by the total member participation of all Local Governments. (Non-member participation will not be included when determining the percent of participation.) February 13,2001