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IV.7. Joint Powers Agreement with the City of Minnetonka for Youth Advisory Board and ACE Programs; Imihy Bean CITY OF HOPKINS City Council Report 2023-140 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: PeggySue Imihy Bean, AICP, Special Projects and Initiatives Manager Date: 12/19/2023 Subject: Joint Powers Agreement with the City of Minnetonka for the Youth Advisory Board and ACE Programs _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Enter into a Joint Powers Agreement (JPA) with the City of Minnetonka for the Youth Advisory Board and ACE Programs for a period of five years ending December 31, 2029. OVERVIEW For 25 years, the City of Hopkins in partnership with the City of Minnetonka, Three Rivers Park District and the Hopkins Public School district have operated an 18-member Youth Advisory Board (YAB) which creates events and programming for high school aged students within the community. This program was previously overseen by a full-time Youth Programs Coordinator employed by the City of Hopkins and supervised by a City of Minnetonka employee. This position has been vacant since April 2023 and has remained as such while the partners of the YAB work to set a new course for the Depot building. In 2022, the City of Hopkins ran a pilot version of the ACE Program, which provides internships within the City to young adults aged 16-24 who have faced some barrier to employment. In 2023, the City of Minnetonka joined this program as an employment partner and hosted their first intern. As this program grows, it has become necessary to have more staff time dedicated to recruitment, employer and supervisor engagement and general administrative work. In considering the programs and the desire from both communities to have a higher level of teen and young adult focused programming, the cities have agreed to enter into a Joint Powers Agreement (JPA) which funds programming and staff time for both initiatives. The City of Minnetonka has agreed to contribute $60,000 annually for a period of five years, matching the $60,000 budgeted by the City of Hopkins, $50,000 by the Hopkins School District, and Three Rivers Park District who covers the associated capital costs of maintaining the building in addition to a contribution of $19,500. Following the execution of a JPA, the cities will work together to hire a Young Adult Programs Specialist which will oversee the programs and by employed by the City of Hopkins. SUPPORTING INFORMATION • Joint Powers Agreement with the City of Minnetonka on the Youth Advisory Board and ACE Programs Administration COOPERATIVE AGREEMENT REGARDING PARTNERSHIP IN YOUTH PROGRAMMING This Agreement is made as of _________, 2023, the date of execution notwithstanding, by and between City of Hopkins, a Minnesota municipal corporation (“Hopkins”) and the City of Minnetonka, a Minnesota municipal corporation ("Minnetonka"), referred to collectively as “the Parties” Recitals A. Hopkins has designed and implemented a youth employment program known as the Advanced Career Employment Program (“ACE Program”). The Program focuses on youth participants, ages 14-24, who traditionally face barriers to employment and/or are traditionally underserved in the workforce (“Intern(s)”). Through internships with participating cities, the ACE Program provide Interns with an opportunity to gain professional and leadership skills. B. The Parties, with the support of the Hopkins School District and Three Rivers Park District, operate a Youth Advisory Board (“Board") which meets at the Depot Coffeehouse (9451 Excelsior Boulevard, Hopkins MN 55343) (the “YAB Program”). The YAB Program provides community networking, outreach, events, and engagement for high school aged students in a chemical-free environment. The Board consists of up to 18 students in grades 9-12, who either (1) attend schools in the Hopkins Public School District or Minnetonka Public School District, or (2) are residents of Hopkins or Minnetonka or reside in adjacent cities and have a strong connection to either Hopkins or Minnetonka. The YAB Program hosts youth led events serving youth from all over the region. (The ACE Program and YAB Program are collective called “the Programs”.) C. Minnetonka desires to participate in the Programs and to host Interns according to the terms of this Agreement. Terms and Conditions 1. Obligations of both parties a. The Parties agree to equally share financial responsibility for any deficit incurred by the Program under this Agreement. Regular financial updates will be given to all partners and decision making regarding the annual budget and goals for the program will be shared among the partners. 2. Hopkins obligations. a. Hopkins is responsible for screening ACE Program applicants, selecting applicants to accept into the ACE Program as Interns, and assigning Interns to work in Minnetonka. Before assigning the Intern, Hopkins will consult with Minnetonka to ensure that the Intern’s areas of interest and Minnetonka’s available areas of work are reasonably aligned. b. Hopkins will oversee supervision of the Program and provide regular financial updates regarding the Program. c. Hopkins will be responsible for grant applications and grant administration processes on behalf of the ACE Program. d. Hopkins will conduct workforce readiness trainings and conduct recruitment activities on behalf of the ACE Program. e. Hopkins will provide on-going annual reports to track the success of the ACE Program. f. Hopkins will oversee the Board and provide support to the Board for their meetings and events. g. Hopkins will continue to oversee the lease of the Depot Coffeehouse and cover fiscal items related to the Depot including insurance coverage, heating, electrical and any other items necessary for continuing young adult programming. 3. Minnetonka obligations. a. Minnetonka agrees to pay $60,000 annually, each year on January 1, to Hopkins to fund the Programs and agrees to a 3.0% annual increase for the length of the agreement. b. Minnetonka shall be the employer of the Interns assigned to it and shall provide the Interns with their wages, benefits (including expense reimbursement, as applicable), payroll services, worker's compensation coverage, and any human resource needs or accommodations as may be applicable under Minnetonka’s employment policies or applicable law. c. Minnetonka will pay any necessary work expenses for any Interns hosted by Minnetonka. Necessary work expenses may include, but are not limited to, uniforms, PPE, bus passes, or specialized equipment. d. Minnetonka will work with the Interns to develop a work plan which will include assigned work location and work schedule. e. Minnetonka will assign job duties to the Interns that are suitable to the Interns’ experience and education level and reasonably consistent with the Interns’ stated areas of interest. Minnetonka will provide a staff person to act as the Interns’ workplace supervisor, who will be responsible for making job assignments, answering any questions the Interns may have, and overseeing the Intern’s Program experience while assigned to Minnetonka. f. Minnetonka will provide Interns with a safe work site and will provide appropriate information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site. g. Minnetonka shall provide Hopkins with regular updates on the Interns’ activities as well as report any concerns regarding the Interns’ performance. h. Minnetonka may appoint up to five (5) youth members to the YAB Board. i. Minnetonka may use the Programs to engage students and seek feedback from teens and young adults within their community. 4. Data practices. Minnetonka’s Data Practices policy shall apply with respect to data the Interns receive from or create for Minnetonka, and Hopkins’ Data Practices policy shall apply with respect to data the Interns receive from or create for Hopkins; provided, however, that the provisions of Minn. Stat. § 13.05, subd. 6 shall apply to any exchanges of data between Minnetonka and Hopkins as necessary to perform this Agreement. 5. Term. This Agreement is effective for the term commencing on the date written above and ending on December 31, 2028. 6. Revenues. Minnetonka agrees that any revenues paid to Hopkins as part of the lease of the Depot will be used to pay the existing deficit of the Depot and fund the Board. 7. Audit Disclosure. Under Minn. Stat. § 16C.05, subd. 5, the parties’ books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the other party and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years after the termination of this Agreement. 8. Equal Opportunity. Each party agrees not to discriminate against any employee, applicant for employment, or participant in a program provided under this Agreement by reason of any characteristic or classification protected by state or federal law. 9. Electronic signatures. The parties agree that this Agreement may be electronically signed by one or both parties. The parties agree that electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity and admissibility. 10. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota, without regard to conflict of law provisions. 11. Entire Agreement. This Agreement shall constitute the entire agreement between Minnetonka and Hopkins and supersedes any other written or oral agreements between the parties. This Agreement can only be modified in writing signed by both parties. CITY OF HOPKINS Date:_______________ By_____________________________ Patrick Hanlon, Mayor Date:_______________ By_____________________________ Mike Mornson, City Manager CITY OF MINNETONKA Date:_______________ By_____________________________ Brad Wiersum, Mayor Date:______________ By_____________________________ Mike Funk, City Manager