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ITEM 3.6 ISD 728Ty Otse F O MINNrSOTA Z DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks and Recreation Parks and Recreation Director Demant February 10, 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/ Finance Director Flaherty 3.6 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve an agreement with Independent School District No. 728. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS APUBLIC HEARING REQUIRED?- No No BACKGROUND/J USTIACATION: The City and Independent School District No. 728 (ISD 728) have been working together to formalize an Activities and Share Facilities Agreement that would waive rental fees, reduce program duplication, and increase program collaboration. This agreement was initiated due to the limited facilities that currently exist in Otsego. Examples of the impact of limited space are: 1) The Parks and Recreation Department requires access to gym space to expand programs like adult volleyball and offer larger community events like the Koo Koo Kanga Roo concert; 2) ISD 728 Community Education is currently in need of program space for their preschool parent education classes which Prairie Center is able to offer. Both groups are also looking at new ways to collaborate through innovative programs and special events. The Parks and Recreation Commission reviewed and voted unanimously to recommend the City Council approve the Activities and Share Facilities Agreement with ISD 728. SUPPORTING DOCUMENTS ATTACHED: 0 Agreement Related to Activities and Shared Facilities POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve an Agreement Related to Activities and Shared Facilities between the City of Otsego and Independent School District No. 728. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A JOINT POWERS AGREEMENT RELATED TO ACTIVITIES AND SHARED FACILITIES THIS AGREEMENT is entered into effective Feb 10, 2020, by and between the City of Otsego (the "City") and Independent School District #728 (the "School District"). RECITALS A. The City and School District continue to partner effectively and to look for ways to provide quality programming to residents in an efficient, cost effective manner. B. This Agreement is intended to formalize and update current agreements between the parties in its entirety. C. The purpose of this Agreement is also meant to reaffirm the commitments related to collaborative programming, facility rental, and non -duplication of offerings. NOW THEREFORE, in consideration of the covenants contained in this Agreement, the City and School District now agree as follows: 1. Facility Rental. A. Facilities, The City and School District hereby agree to operate and waive rental fees for applicable spaces (i.e, fields, gyms, theaters, etc.) when at least seventy- five percent (75%) of the participants reside in the School District and in accordance with School District Policies 901 (Community Education), 902 (Use of School District Facilities and Equipment) and Minn. Statute 123B.51 (Schoolhouses and Sites; Access for Non -curricular Purposes). B. Non -Duplication. The City and School District hereby agree to reduce and/or eliminate program duplication in accordance with School District Policies 901 (Community Education). C. Supplementary Costs. The City and School District hereby agree to charge/pay reasonable and applicable costs related to such things as staffing, utilities, supplies and equipment required as appropriate. D. Priority. The City and School District hereby understand regularly scheduled Early Childhood, Elementary, and Secondary programming shall not be substantially disrupted. E. Scheduling. The City and School District hereby agree to schedule activities and/or make arrangements through parties and in accordance with practices designated by each party. 2. Collaborati*.e Pr6grammin2. A. The City and School District hereby agree to encourage use of facilities in order to: i. Maximize facility use ii. Meet the educational needs and interest of area residents iii. Utilize resources and the expertise of residents to develop a vibrant, well- rounded community iv. Increase active participation and engagement of residents. B. The City and School District hereby agree to facilitate participant registration when hiring staff and providing supplies. C. The City and School District hereby agree to promote collaborative programming. D. The City and School District hereby agree to equitably share any revenue and/or expenditures related to collaborative programming. E. The City and School District hereby agree to review program effectiveness, feedback, and recommendations annually. 3. Ma'rketinQ.. A. The City and School District hereby agree to provide information related to program registration with a link/resource to the corresponding department in publications and through registration software. B. The City and School District hereby agree to advocate and promote shared opportunities through available resources. 4. 'Reportin A. Annual Report. The City and School District Designee is encouraged to, as soon as possible, after the end of each programming year, prepare and present to the City Council and School Board an annual report of its activities and participation. At a minimum, the report shall contain a description of program activity including age group participation and a plan for programming for the coming year. 5. Indemnification. The City and School District shall each be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend one another, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that nothing in this Agreement shall affect or otherwise constitute a waiver of the limits on the liability of the City or the School District provided by applicable law. 6. Further Consultation/Dispute Resolution. The City and School District agree to consult with each other on all matters, which may affect or alter this Agreement. If a dispute arises between the City and School District, regarding this Agreement, designees will promptly meet and attempt in good faith to negotiate a resolution to the dispute. 7. Termination. This Agreement shall remain in force and effect and shall be binding on the successors and assigns of the parties until terminated by either party. Either party may, for any reason, terminate this Agreement by providing 30 days' written notice of termination to the other party. Upon written notice of termination, designees shall prepare a final report and submit that report to the City and School District. The parties shall work together in good faith to reach a final settlement of any/all financial matters. 8. Severability. If any portion of this Agreement is found to be void, unenforceable or unconstitutional, or any combination of these, by a court of competent jurisdiction, the remaining portion of this Agreement shall remain in effect. 9. Entire Agreement. This Agreement is the parties' entire agreement regarding its subject matter and supersedes all prior agreements and negotiations regarding its subject matter. The parties may amend this Agreement only in a writing signed by both parties. Dated: , 2020 CITY OF OTSEGO, MINNESOTA By Its Dated: , 2020 INDEPENDENT SCHOOL DISTRICT #728 By Its