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SHARED PERSONNEL AGREEMENT <br />THIS AGREEMENT made and entered into by and between the City of Elk River, Sherburne <br />County, State of Minnesota, (hereinafter referred to as the "City") 13065 Orono Parkway, Elk <br />River, Minnesota 55330, and Elk River Municipal Utilities, 13069 Orono Parkway, Minnesota, <br />55330 (hereinafter referred to as the "Utilities"). <br />WITNESSETH <br />WHEREAS, the Utilities and City are both corporate bodies politic under the Laws of the State <br />of Minnesota; and <br />WHEREAS, both the City and the Utilities desire to enter into this Agreement through which <br />the City will share personnel for the provision of human resources services to the Utilities; and <br />WHEREAS, this Agreement is authorized and provided for by Minnesota Statue § 471.59. <br />NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter <br />set forth, the City and the Utilities agree as follows: <br />1. SERVICES TO BE PROVIDED. An employee or employees of the City's human <br />resources department will provide human resources services to the Utilities as described <br />in Attachment A. The City shall notify the Utilities as to which employee or employees <br />shall provide such services. Any City employee providing services to the Utilities will <br />continue, at all times, to be supervised, controlled, and directed by the City. <br />2. TERM OF THE AGREEMENT. The term of this Agreement shall be for one year from <br />the effective date of this Agreement. This Agreement shall be renewed each year <br />automatically for successive one year terms unless either party gives written notice to the <br />other of that party's intent not to renew this Agreement. <br />3. PAYMENT FOR SERVICES. The Utilities shall not be required to pay the City for <br />providing the services outlined on Attachment A. However, should the City determine <br />that it requires payment for services rendered, it shall notify the Utilities in writing and <br />this Agreement may be modified as outlined in Section 8B below. <br />4. CONTRACT ADMINISTRATION. <br />A. The City designates the City Administrator or her designee to represent the City in all <br />matters connected with the Agreement on behalf of the City. <br />B. The Utilities designates its General Manager, or his designee, to represent the Utilities <br />in all matters connected with this Agreement on behalf of the Utilities. <br />C. The City's designee shall be available at reasonable times upon reasonable notice to <br />confer with the General Manager of the Utilities. Whenever feasible, practical, and <br />not in conflict with mandated duties and responsibilities, the City shall endeavor to <br />provide the services agreed upon herein in accordance with the intent of the Utilities. <br />