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D-9. Approve Joint Powers Agreement with Carver County for Recreation Programs and Events41 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 MEMORANDUM TO: Todd Hoffman, Park & Recreation Director FROM: Jerry Ruegemer, Recreation Superintendent DATE: April 25, 2016 oka SUBJ: Approval Joint Powers Agreement with Carver County for Recreation Programs and Events PROPOSED MOTION "The City Council approves a Joint Powers Agreement with Carver County for Recreation Programs and Events." Approval of this item requires a simple majority vote of the City Council. Recreation Center BACKGROUND Finance further explains the partnership and defines each organization's responsibilities Phone: 952.227.1140 The City of Chanhassen and Carver County have been partnering with recreation Fax: 952.227.1110 programs for a number of years. These programs have included classes in archery, Planning & stand-up paddle boarding, family log rolling, slack lining, and other outdoor classes. Park &Recreation The partnership was developed to expand outdoor recreation offerings for our Phone: 952.227.1120 Fax: 952.227.1110 residents and the residents of Carver County. Recreation Center The Joint Powers Agreement between the City of Chanhassen and Carver County 2310 Coulter Boulevard further explains the partnership and defines each organization's responsibilities Phone: 952.227.1400 related to staffing, necessary equipment for programs, revenue distribution, Fax: 952.227.1404 marketing, advertising, and program registration. Planning & Natural Resources RECOMMENDATION Phone: 952.227.1130 Fax: 952.227.1110 Staff recommends the City Council approve a Joint Powers Agreement with Carver County for Recreation Programs and Events. Public Works 7901 Park Place ATTACHMENTS Phone: 952.227.1300 Fax: 952.227.1310 1. Joint Powers Agreement. Senior Center Phone: 952.227.1125 g:\park\jeiry\carver county joint powers agreement 04-25-2016.docx Fax: 952.227.1110 Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow JOINT POWERS AGREEMENT between CARVER COUNTY AND THE CITY OF CHANHASSEN for RECREATION PROGRAMS & EVENTS THIS AGREEMENT (the "Agreement"), made and entered into by and between the CITY OF CHANHASSEN, a municipal corporation, organized under the laws of the State of Minnesota, party of the first part, hereinafter referred to as "Municipality", and the County of Carver, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, party of the second part, hereinafter referred to as "County"; WITNESSETH: WHEREAS, The County and the Municipality have been involved in planning and delivering Recreation Programs and Events, and WHEREAS, It is the desire of both of the parties hereto to enter into a written document regarding planning and delivering recreation programs and events, and WHEREAS, Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties; NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the Municipality and the County as follows: Article 1 Enabling Authority Minnesota Statutes Section 471.59 authorizes two or more governmental units to jointly exercise any power common to the contracting parties. Article 2 Purpose This Agreement shall apply to the planning and delivering of recreation programs and events as listed in the attached addendum. Page 2 of 1 ] Article 3 Prosecution of Work A. The County will: 1) Provide trained lead instructors for each program as arranged and agreed upon by both parties. 2) Provide appropriate primary equipment for the activity as arranged. 3) Provide recreation assistant volunteers for the activity as arranged. 4) Provide marketing & advertisement strategies and resources as arranged. 5) Provide communication before & after to registrants including liability waivers, satisfaction surveys and other pertinent information as arranged. B. The Municipality will: 1) Provide assistant staff or volunteer for each program as agreed upon and arranged by both parties. 2) Provide supplemental equipment for the activity as arranged. 3) Provide registration capabilities for program/event registrants as arranged. 4) Provide marketing & advertisement strategies and resources as arranged. 5) Provide communication before & after to registrants including liability waivers, satisfaction surveys and other pertinent information as arranged. C. Municipality and County will delineate finances as follows: 1) RECREATION PROGRAM AND EVENT COSTS: A) Seasonal staff labor expense (or FT staff when appropriate), equipment and tools specific to the program or event, operating costs of marketing, advertisement, registration and general overhead for both agencies will be discussed and agreed upon prior to the program/event. B) An estimation for total County costs (Appendix A) will be provided to Municipality no less than (90) days prior to the development of the program/event to allow for proper marketing, advertising and preparation duties. 2) RECREATION AND PROGRAM AND EVENT REVENUE: A) All recreation program and event costs agreed upon by the County and Municipality will be deducted from the total program/event revenue prior to the final revenue sharing. Page 3 of 11 B) Remaining revenue after operating costs are removed will be split equally, 50/50 between Carver County Parks and partner Municipality C) Exception to an equal revenue split will be in the event of a multi -agency arranged program in which (3+) partner Municipalities are involved. In this arrangement revenue allocations will be pro -rated consistent with the number of registrations each agency procured. D) Municipality will collect and maintain all recreation program and event revenue as agreed upon and arranged by the involved agencies. E) Agreed upon revenue will be issued from the Municipality to the County within (90) days of the invoice date. 3) REIMBURSEMENTS: A) Reimbursements might be issued to registrants for a variety of reasons (program cancellation, participant dissatisfaction with service etc.) and are to be agreed upon between the County and Municipality. Reimbursements issued are to have equal financial impact on all agencies involved. D. The County agrees to completing the following in respect to all partnership programs: 1) Provide pre & post program communication materials to Municipality for distribution to program participants. 2) Provide appropriate instructor and/or volunteer training as outlined in the attached addendum for each activity. Article 4 Hold Harmless and Indemnification A. The Parties' total liability under this Agreement shall be governed by Minn. Stat. § 471.59, subd. la. B. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts/omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Stat. § 466.04, subd. 1. C. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party's negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as Page 4 of 11 a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. D. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. E. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Article 5 Workers' Compensation A. It is hereby understood and agreed that any and all employees of the County, the County's contractors and subcontractors and all other persons employed, retained, contracted with or otherwise engaged and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of the Municipality and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the Municipality. B. It is hereby understood and agreed that any and all employees of the Municipality, the Municipality's contractors and subcontractors and all other persons employed, retained, contracted with or otherwise engaged by the Municipality in the performance of the provisions of services hereunder shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the County. C. The Municipality and the County will each maintain workers' compensation insurance or self-insurance coverage, covering its own employees while they are providing assistance pursuant to this Agreement. Page 5 of 11 Article 6 Records — Availability and Access To the extent required by Minnesota Statutes Section § 16C.05, Subd. 5 (as may be amended), the parties agree that the other party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of this Agreement and for six (6) years after its termination or cancellation. Article 7 Data Privacy Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Article 8 Nondiscrimination During the performance of this Agreement, the Municipality and the County agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. Article 9 Default and Withdrawal A. Default in this Agreement may occur when a party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement. Unless the party's default is excused by the non -defaulting party, the non - defaulting party may, upon written notice to the defaulting party representative listed herein, cancel this Agreement in its entirety as indicated in (B) below. B. Any party may withdraw from this Agreement prior advertising the recreation program or event in a publican or other media with or without cause by providing thirty (7) days' prior written notice to the other parties herein. C. The terms of Article 4, 5, 6 and 7 shall survive the expiration, termination or withdrawal from this Agreement. Page 6 of 11 D. Only the governing bodies of the participating parties have authority to act pursuant to this provision of this Agreement. E. Each party to this Agreement reserves the right to withdraw from and cancel this Agreement within thirty (30) days prior to advertisement of the recreation program or event. F. Representatives for each of the parties to this Agreement are as listed below: Municipality Name: Jerry Ruegemer Title: Recreation Superintendent Address: 7700 Market Blvd. PO Box 147 City/State: Chanhassen, MN 55317 Phone: 952-227-1121 E-mail: jruegemer@ci.chanhassen.mn.us Article 10 Term of Agreement This Agreement will commence upon approval of both the Municipality and the County and the signature of the official with authority to bind each party. This Agreement shall be in effect until such time as the recreation program or events are completed or as Article 9 herein. Article 11 Merger and Modification A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. Article 12 Nonwaiver, Severability and Applicable Laws A. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. B. Nothing in this Agreement shall constitute a waiver by the Municipality of any statute of limitations or exceptions on liability. If the Municipality fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. C. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either County/Division Name: Sam Pertz Title: Parks & Trails Supervisor Address: 11360 Hwy. 212, Ste. 2 City/State: Cologne, MN 55322 Phone: 952-466-5250 E-mail: spertz@co.carver.mn.us Article 10 Term of Agreement This Agreement will commence upon approval of both the Municipality and the County and the signature of the official with authority to bind each party. This Agreement shall be in effect until such time as the recreation program or events are completed or as Article 9 herein. Article 11 Merger and Modification A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. Article 12 Nonwaiver, Severability and Applicable Laws A. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. B. Nothing in this Agreement shall constitute a waiver by the Municipality of any statute of limitations or exceptions on liability. If the Municipality fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. C. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either Page 7of11 party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. D. The Laws of the State of Minnesota shall apply to this Agreement. Article 13 Section Headings The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Article 14 Third Parties This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. Municipalities Name, Minnesota Authorized Representative Date: Attest: City Manager Date: County of Carver, Minnesota County Board Chair Date: Attest: County Administrator Date: Approved As To Form: County Attorney Date: Addendum to the Joint Powers Agreement with Carver County Parks (Reference Article 2) General info: All recreation equipment will be inspected/serviced and documented for proper working condition by professional service (when appropriate) or by parks staff Parks staff involved with program instruction including seasonal, part time, or casual instructors and full-time recreation employees will have completed trainings such as: CPR/First Aid, Right to Know, 15 -passenger van driving, etc. o Documentation and retention of these trainings will be maintained A risk assessment form (Appendix B) will be completed prior to any new activities taking place and completed seasonally (or as determined by staff) for activities listed here. Any adverse conditions causing cancellation or concern prior to the program will be documented on the form by the activity instructor and filed. 1. Archery a. Carver County instructors are qualified to teach archery by the National Archery in the School Program (NASP). b. This program is limited to ages eight and older. c. Strict range rules will be enforced including whistle/verbal commands and use of a shooting and waiting line. Group management will be closely supervised using these cues by Carver County Parks' instructors & volunteers. Host staff and/or parent chaperones might be utilized to perform group control techniques as needed. d. 1:20 max adult to child ratio will be enforced by Carver County Parks & partnering agency Staff. e. Location and range set-up will be selected by a NASP trained Carver County instructor taking considerations of populated areas, trails, roads, walls, doors etc. into account. f. When shooting indoors, a protective curtain will be set a minimum of 3 feet away from the nearest parallel wall to prevent puncture. g. Locations: city archery ranges, all county parks, indoor gyms as arranged and approved by partner agency, Three Rivers Carver Park Reserve archery range, private archery ranges, open green spaces, & other locations as arranged. h. Participants will sign a waiver or have a legal parent/guardian sign one on their behalf for this specific Carver County Parks activity. 2. Geocaching a. Thorough instructions are given on using the devices for navigation along with boundaries for the course which keeps children away from roads, ravines, and steep banks near water. b. Children will travel in groups typically in size of 2-4 with multiple units per group. Participants will mark 'home' on the unit so they can always find their way back. c. Adult chaperones, Carver County Parks' instructors, agency partner Staff & volunteers are stationed throughout the course to be available if needed for technical questions. d. Locations: schools/community ed., city parks, county parks, National Wildlife Refuge, other public open spaces suitable for activity 3. Slackline a. The slackline will be set-up at approximately knee height (typically 2') for the smallest participant to prevent uncomfortable and risky falls of the line. b. Staff will require spotters be present during the balancing activity to prevent the slackliner from fall or to guide the fall should it occur. c. Industry grade equipment will be utilized at all times. Personal equipment or homemade lines will not be allowed. Page 9 of 11 d. Staff and volunteers will be trained on proper set-up technique to protect the slackliner and the trees being used for the activity. e. Instruction includes best practices and rules for preventing injury and succeeding at the activity. 4. Outdoor Cooking a. Instruction will include safety discussion and guidelines set by Carver County Parks' instructors and volunteers regarding appropriate distance from hot surfaces/objects, age-appropriate do's and don'ts of using flame/fire at home, and the importance of cooking raw food thoroughly as well as cleansing cooking surfaces. b. Instructors will have a list of food allergies and emergency contacts on hand for each participant. Instructors will review this list prior to purchasing ingredients. c. Any flame/fire lit outside of Carver County Parks' property will be lit, maintained and monitored by staff from the hosting site. The fire will be modest in size and contained inside of a raised fire pit provided by Carver County Parks. Staff will remain aware of issued fire -bans in the area. 5. Survival Skills (curricula may include any of the following) a. Fire Building i. Any flame/fire lit will be monitored & maintained by staff from the County, hosting site of volunteers from either agency. The fire will be modest in size and contained inside of a raised fire pit, metal pie -tin or otherwise safe and fire -retardant device provided by Carver County Parks. Staff will remain aware of issued fire -bans in the area. ii. Instruction will include safety discussion and guidelines set by Carver County Parks' instructors and volunteers regarding appropriate distance from hot surfaces/objects & age-appropriate do's and don'ts of using flame/fire at home. iii. Fire structures that are built and lit by program participants will remain completely contained within an aluminum pie -tin or comparable container on a non-flammable surface. iv. Fuel that is used by program participants will not exceed 1" in diameter. b. Shelter building i. Instruction will be provided as to what considerations need to be taken in a wilderness survival situation. Key techniques, tips and tactics will be discussed and participants will have an opportunity to develop their own survival shelter. ii. Shelter building activities are supervised by Carver County Parks' instructors, partner agency staff, and volunteers from either agency as well as the group's adult chaperones to ensure that children are not trying to lift large limbs or crawling into unstable structures. iii. Locations: schools/community ed., city parks, county parks, National Wildlife Refuge, other public open spaces c. Knot -tying i. Instruction includes: fishing knots, sailing knots, climbing knots etc. using short rope lengths provided and supervised by Carver County Parks' instructors, partner agency staff or volunteers from either agency. 6. Snowshoeing a. Snowshoe equipment and instruction will be provided by Carver County Parks' instructors. b. Location selection will be agreed upon by Carver County Parks' staff and partner municipality. c. Snowshoe programs will not take place on frozen lakes unless ice thickness is confirmed using posted DNR guidelines. Page 10 of 11 d. In some locations, a warm refuge maybe available for those who become cold during a program. e. Signs or verbal instructor warning indicating icy/slippery locations will be placed appropriately along the hiking trail to help prevent falls. 7. Cross Country Skiing a. Cross country ski equipment, location, and instruction will be selected and provided by Carver County Parks' instructors. b. Participants will sign a waiver or have a legal parent/guardian sign one on their behalf for this specific Carver County Parks activity. Typically restricted to ages 8+. c. Cross country ski programs will not take place on frozen lakes unless ice thickness is confirmed using posted DNR guidelines. d. In some locations, a warm refuge may be available for those who become cold during a program. e. Signs or verbal instructor warning indicating icy/slippery locations will be placed appropriately along the skiing trail to help prevent falls. 8. Ice Fishing a. Ice fishing equipment and instruction will be provided by Carver County Parks' instructors. b. Location selection will be agreed upon by Carver County Parks' staff and partnering municipality. c. Ice fishing programs will not take place on frozen lakes unless ice thickness is confirmed using posted DNR guidelines. d. In some locations, a warm refuge may be available for those who become cold during a program. e. Signs or verbal instructor warning indicating icy/slippery locations will be placed appropriately in the area to help prevent falls. 9. Log Rolling a. Carver County staff and volunteers are trained on what weather, wind & water temperature conditions are appropriate for conducting the program. b. Rolling will take place in maintained beach areas and pools. c. Carver County staff and volunteers will hold the logs steady while rollers gain their balance and footing and slowly release the logs for the rolling to begin. d. Logs will be used in the shallowest water possible in order for the log to remain afloat and free to spin. e. Falling off the log causes the log to move away from the roller which creates a clean fall into the shallow water. f. When logs are used in pools they will used only in the shallow end and will be oriented perpendicular to the narrow end of the pool and will maintain at least 10 feet of open water in front of and behind the roller as per industry standard. g. Industry standard 'training wheel' devices will be used to slow the spin of the log for beginners. Max number of trainers per log is 3, minimum is 0. For beginners and intermediate rollers 1-3 trainers are recommended. h. Participants will sign a waiver or have a legal parent/guardian sign one on their behalf for this specific Carver County Parks Activity. i. Logs are filled with faucet water at the start of each program to prevent the transfer of aquatic invasive species and to keep the logs empty/lightweight for staff and volunteers while carrying. j. PFD's and shoes will not be required but are optional. 10. Team Building a. Carver County staff and volunteers work with the partnering agency or client to determine the most appropriate activities for their group's physical abilities and interests and the space provided. b. Activities could include touch between participants. Instructors preface the activities with a short discussion on challenge by choice—the ability for an individual to take on Page 11 of 11 a different role in the group if a physical part of the activity is uncomfortable for them either emotionally or physically. c. Examples of activities that could involve physicality: i. All participants support one another as they try to keep the whole team aboard a shrinking tarp—staff will use discretion to ensure that the tarp never becomes too small. ii. One -handed lift where a participant volunteers to be lifted less than one foot off the ground by a circle of other participants. Instructor facilitates proper hand placement and safety for the group lift. iii. Human chair where a circle of participants squat to sit on one another's knees like a chair to demonstrate that if the whole circle participates they are all supported. Again, prefaced with challenge by choice and facilitated with safety in mind. 11. Special Events (such as Bike Konnect & Youth Camps) a. Location selection, event logistics, and risk management arrangements will be agreed upon by Carver County Parks' staff and partnering municipality in compliance with Article 3 of this document.