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HomeMy WebLinkAbout83- Joint Community Recreation Dept. . . ; , / . j , INTERLOCAL AGREEMENT TO PROVIDE FOR A JOINT COMMUNITY RECREATION DEPARTMENT This agreement. made and entered into this 18th day of April , 1983 under the provisions of Title 7. Chapter II, Part 1 of the Montana Codes Annotated. by and between the City of Bozeman, Montana. a municipal corporation, hereinafter "City". the Bozeman School Districts No. 7 of Gallatin County. Montana. hereinafter "District" and the County of Gallatin, Montana, hereinafter "County". WIT N E SSE T H Whereas the parties to this agreement are interested in <, providing a program of community recreation under a mutually formed and controlled community recreation department and; Whereas the parties to this agreement as separate and distinct governing bodies recognized the benefits to be derived from creating a joint board on which each is equally represented to provide for the administration of a community recreation program and; Whereas the parties to this agreement, the City by virtue of Title 7, Chapter 16, Part 41, the District by virtue of Title 20, Chapter 7, Part 8 and the County by virtue of Title 7, Chapter 16, Part 21 of the Montana Code Annotated are individually granted the authority to provide recreation services. Now therefore, it is agreed by the parties hereto acting by and through their respective governing bodies as follows; .. . , , " . t i l. That there is created'a joint community recreation department to provide leisure and recreation services for the citizens of the community to be known as the Bozeman/Gallatin County Recreation Department, hereinafter "Department". 2. That the administration of the Department shall be the responsibility of the Board of Administrative Trustees, here~ inafter "Trustees". The Trustees shall be a three (3) person body consisting of the following: representing the City, the City Manager. representing the District, the School Superin- tendent. and representing the County, the Chairman of the County Commission. These individuals may designate another to act in their place and such an individual would have the same duties and responsibilities. That the Trustees are responsible to the governing bodies they represent. The Trustees are granted the authority to operate the Department subject to the review and consent of the governing bodies. Further: a) The Trustees shall establish personnel policies for the Department employees including all aspects of the employee/employer relationship including salaries. The Trustees shall make all decisions regarding full time employees. b) That the Trustees have the authority to employ a Recreation Director, hereinafter "Director". The Trustees shall assign the Director such duties and responsibilities as are necessary to fulfill the responsibilities under this agreement. The Trustees -2- .. ", t , . shall set the terms of employment of the Director, including salary and benefits. c) That the Trustees shall meet not less than on a quarterly basis at a time and location convenient to them. That the Trustees shall adopt their procedures for conducting business and one of the members shall be designated Chairman. The Chairman shall be the Trustee responsible for the supervision of the Department and the Director on matters arising between meetings of the Trustees. d) That each Trustee is responsible to their governing body for decisions made by the Trustees. The Trustees do not have the power to bind their respective govern- ing body. The Trustees, in managing and administering the Department, shall attempt to develop a program acceptable to all the parties to this agreement. e) The Trustees are vested with the power to develop, implement, sponsor and direct recreation and leisure activities for the citizens of Bozeman and Gallatin County. To this end, the Trustees have the authority to utilize existing facilities of the governing bodies, arrange for use of other community facilities, and procure the necessary equipment and supplies to conduct leisure activities. In addition, the Trustees shall establish all necessary rules, fees and regulations for the participants in any activities that are necessary -3- .. I " I for the functioning of the program. 3. That there shall be appointed a Citizens' Advisory Board to the Bozeman/Gallatin County Recreation Department, hereinafter "Board". The Board shall be comprised of citizens of Gallatin County interested in promoting leisure activities in the county. The Board shall act in an advisory capacity to the Trustees, their respective governing bodies, and the Director on subjects concerning leisure activities in Bozeman and Gallatin County. The Board may initiate pro. posals to be reviewed by the Trustees and review proposals of the Trustees and governing bodies. The Board does not have decision making powers over the establishment of policies or the administration of the Department or its personnel. Further: a) The Board shall consist of nine (9) members. Each of the governing bodies shall select three (3) members for the Board. b) Any resident living within the territorial jurisdiction of the respective governing body may be appointed to the Board. However, a governing body may only appoint one member who is employed by that entity. c) The term of service on the Board shall be three (3) years. To stagger the terms initially, each governing body shall appoint one member for a term of one year, one member for a term of two years and one member for a term of three years. Thereafter. the terms shall be for three (3) years. -4- I d) Vacancies on the Board shall be filled by the governing body that made the original appointment. An appointee may be removed by the governing body who originally made the appointment. The appointee filling a vacancy shall serve the balance of the term created by the vacancy. e) The members of the board shall meet monthly at a time and place convenient to them. The Board shall select a Chairman and Vice Chairman. The Board shall adopt any other rules necessary to conduct their business. No member of the Board shall be compensated for their service. f) In the event a member has three consecutive unexcused absences, the Chairman of the Board may recommend to the appointing body that that member's position on the Board be declared vacant. 4. The Department shall be managed by the Director. The Director shall be selected by the Trustees as outlined in paragraph 2 (b). The Director shall serve at the pleasure of the Trustees. It shall be the Director's duty to handle all administrative functions of the Department. Further: a) The Director shall, unless excused, attend all meetings of the Trustees and Board. The Director shall be available to the Trustees for consultation on all matters relating to the Department. b) The Director shall be responsible for initiating, implementing and carrying out matters of policy and program set by the Trustees. -5- d . c) The Director s~all be available to assist the governing bodies when required. In addition, the Director may act to assist private groups in the development of their programs. d) The Director is responsible for the recruiting, hiring, supervision and termination of employees necessary to carry out the duties of the Department. The Trustees have final authority regarding all full- time employees. e) The Director shall be responsible for the development of the Department budget. The Director shall work with the Board and Trustees in developing the budget and be responsible for making any necessary presenta- tions to the governing bodies. f) The Director shall assist the Advisory Board in matters deemed appropriate by the Trustees, including the planning of potential acquisition and development of recreation and leisure facilities. 5. That the proposed budget for the Department shall be prepared by the Director and the preliminary budget shall be submitted to the Trustees by March 1. The Trustees shall recommend to their respective governing bodies that portion of the budget that pertains to the respective governing body. Upon approval of monies by each governing body, the Trustees shall adopt a final budget. Monies shall be transferred by each governing ~ - body into a unified Recreation Fund in a lump sum within fifteen (15) days of the time all respective governing bodies -6- M . . formally adopt the b~dget. The mechanics of the Recreation . Fund shall be administered through the fiscal system of the County within the parameters of the fiscal policies as estab- lished by the Trustees. In order to provide for continued operation from July 1 until budgets are formally enacted by the respective governing body, the Department shall be author- ized to operate at a level not to exceed the existing level of operations from the preceeding fiscal year. 6. That the Department, with the approval of the Trustees, has the power and authority to acquire property, including the receipt of donations and bequests, for the purpose of conducting recreation and leisure activities. The Director shall maintain a prepared inventory of all materials including their value and ownership designation, that being City, County, District, or joint. The Department and Trustees are expressly forbidden, however, from acquiring any interest in real property 'and improvements thereon. 7. In the event one of the governing bodies that is a party to this agreement wishes to withdraw from it, they shall, prior to March 1st, notify the other parties of their intention. ~ Such action by one governing body will not extinquish this agreement, but if more than one governing body withdraws, the agreement is terminated. The withdrawal from the agreement shall officially coincide with the end of the fiscal year. a) Any items of property contributed by the withdrawing governing body shall be returned to them. Items of property purchased by the Department out of joint funds shall be divided equitably between the parties. -7- ~ " , . ~ . Upon withdrawal of any of the governing bodies or . b) . upon dissolution of this agreement, each governing body so withdrawing or involved in said dissolution shall become the owner of such improvements as have been made pursuant to the terms of said agreement upon the property belonging to such governing body upon withdrawal or dissolution, and in the event of such withdrawal or dissolution, each of the governing bodies hereby agrees to execute such documents or conveyances as are necessary to vest absolute title to such property and/or improvements as are located on the property of such governing body in the event ~ of such withdrawal or dissolution. 8. This agreement shall be reviewed on an annual basis by the Trustees, the Board, and the Director. Any suggested amend- ments shall be first approved by the Trustees, then presented by each Trustee to their respective governing body. Amendments to this agreement shall be in full force and effect only upon unanimous approval by the City, County, and District. 9. The duration of this agreement shall be for a period of three (3) years. The terms of this agreement shall replace any other written or oral agreements between the parties effective the 18th day of April , 1983. This agreement shall terminate at the end of June 30, 1986. -8- u . . J . . ,. . . - , . Passed and adopted by the CITY COMMISSION of Bozeman, Montana at its regularly scheduled meeting on the 14th day of March , 1983. ATTESTED (iJ' 01 ~/ CLER~F THE CITY COMMISSION Passed and adopted by tha BOARD OF COUNTY COMMISSIONERS, GALLATIN ~ COUNTY at its regularly scheduled meeting on the /f cay of . ~ ' 1983. ATTESTED ,J ,~-tJ- ~F ~.BOAR1i~ Passed and adopted by the TRUSTEES OF BOZEMAN SCHOOL DISTRICTS NO. 7 of Bozeman, Montana at its regularly scheduled meeting~n the "tiLl day of {i.~ , 1983. u ATTESTED C . ~. - -9- .. . _ol, SECRE'fARY OF Sl'A"rE ," I;' 5T ATE OF MONT ANA Jim Waltermire State Capitol Secretary of State Hdt'na, Montana 59620 June 21, 1983 Michael J. Aune, Director Bozeman/Gallatin County Recreation Department POBox 3298 Bozeman, MT 59715 Dear Mr. Aune: Please be advised that the Interlocal Cooperation Agreement dated April 18, 1983 between the City of Bozeman, Bozeman School District #7 and Gallatin County for the purpose of a Joint Community Recreation Department has been filed in this office on May 23, 1983 as provided for under Section 7-ll-l07 MCA. sincirely, , I'U~ ji=- JI WALTERMIRE Se retary of State JW:mc -" Telephone: (406) 449.2034/Cllrpor.ltions Burl"au: 449.3665 ~ .~i~~'. I