INTERMUNICIPAL AGREEMENT BETWEEN
TOWN OF FRANKLIN AND TOWN OF MEDWAY
FOR FRANKLIN TO PROVIDE RECREATION
SERVICES TO MEDWAY
AGREEMENT made this _____ day of ______, 2009 by and between the Town of Franklin, a duly-organized municipal corporation with administrative offices located in the Municipal Building, 355 East Central Street, Franklin, MA (hereinafter: "Franklin") acting by and through its Town Administrator, duly-authorized, on behalf of its Recreation Department and the Town of Medway, a duly-organized municipal corporation with administrative offices located in the Town Hall, 155 Village Street, Medway, MA (hereinafter "Medway"), acting by and through its Board of Selectmen, duly-authorized, on behalf of its Park Department:
WHEREAS, Franklin has an active Recreation Department which provides organized sports programs and other recreational activities (programs and activities) to Franklin residents upon payment of a fee for participation, and
WHEREAS, Medway does not presently offer such programs or activities to its residents because it does not have a recreation staff, but Medway does maintain athletic fields and other recreational facilities (collectively "facilities"), and
WHEREAS, Franklin is willing to utilize its Recreation Department staff to make its existing programs and activities at its Franklin facilities available to Medway residents to the extent there are openings and to develop new fee-based programs and activities for Medway residents which utilize Medway's facilities, and
WHEREAS, the following agreement between Franklin and Medway for Franklin to provide recreation services to Medway constitutes an intermunicipal agreement governed by the provisions of G.L. Chapter 40, Section 4A, as amended by Chapter 188 of the Acts of 2008, which requires the Franklin Town Council to authorize this agreement on behalf of Franklin and it has done so and which authorizes the Medway Board of Selectmen to execute this agreement on behalf of Medway,
NOW THEREFORE, in consideration of the foregoing recitals, Franklin and Medway AGREE as follows:
1. Franklin Programs and Activities. If, after Franklin residents have been afforded an opportunity to register, there are still openings available in a Franklin Recreation Department program or activity developed for Franklin residents, Franklin may permit Medway residents to participate upon payment of the appropriate fee or
charge; all such fees and charges which Franklin collects shall inure solely to Franklin's benefit for the use of the Franklin Recreation Department.
2. Medway Programs and Activities. Franklin Recreation Department, in consultation with Medway Park Department, may develop and offer fee-based programs and activities for Medway residents to be held in either Franklin or Medway; Franklin may charge Medway residents a reasonable fee for participation. If, after Medway residents have been afforded an opportunity to register, there are still openings available in a Franklin Recreation Department program or activity developed for Medway residents, Franklin may permit Franklin residents to participate upon payment of the appropriate fee or charge. The fees collected shall inure to Franklin's benefit for the use of Franklin Recreation Department PROVIDED THAT if a program or activity is held at a Medway athletic field, Franklin shall pay to Medway eight dollars ($8.00) per paid participant for the use of the athletic field to be applied by Medway to the cost of field maintenance.
3. Staffing. Franklin will utilize current Franklin Recreation Department staff for Medway programs and activities and may hire additional staff who shall be Franklin employees. Franklin shall give preference to Medway residents in hiring additional staff solely for Medway programs and activities. The Medway Park Department's administrative assistant/secretary may be utilized to assist Franklin in program/activity registration but shall remain a Town of Medway employee.
4. Term. The initial term of this agreement shall commence as of the date that the Franklin Town Administrator executes this agreement and shall end on December 31, 2009. Thereafter, this agreement shall automatically renew for a one-year period beginning January 1, 2010 and ending December 31, 2010 and for one-year periods thereafter, January 1 through December 31, unless terminated by either municipality by vote, in Franklin's case, of its Town Council, and, in Medway's case, by vote of its Board of Selectmen, said termination to be effective as of January 1 of the year following the vote PROVIDED THAT written notice of said vote is given by the terminating municipality to the other municipality prior to December 1 of the year in which the vote is taken.
5. The foregoing represents Franklin's and Medway's entire agreement relating to Franklin's providing recreation services to Medway; all prior and contemporaneous agreements are merged herein. Any amendment of this Agreement shall only be effective if in writing and signed by duly-authorized representatives of both municipalities.
In witness whereof, Franklin and Medway have each caused this Agreement to be executed on its behalf by its duly authorized municipal official(s), on the date noted below.
Town of Franklin, by its Town Administrator: Town of Medway, by a majority of its Board of Selectmen:
Jeffrey D. Nutting
Date Date
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