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SHARED PERSONNEL AGREEMENT BETWEEN THE CITY OF ELK RIVER <br />AND ELK RIVER MUNICIPAL UTILITIES (ERMU) REGARDING THE CITY'S <br />PUBLIC WORKS DIRECTOR AND ERMU'S WATER DEPARTMENT <br />THIS AGREEMENT ("Agreement") made and entered into by and between the City of <br />Elk River, ("City") 13065 Orono Parkway, Elk River, Minnesota 55330; and Elk River <br />Municipal Utilities ("Utilities") 13069 Orono Parkway, Elk River, Mirmesota, 55330. <br />WITNESSETH <br />WHEREAS, Utilities operates the City of Elk River electric and water utilities; and <br />WHEREAS, City operates and manages all other municipally owned infrastructure <br />within the City, including the public streets and sanitary sewer system; and <br />WHEREAS, much of the infrastructure for the City of Elk River water system is located <br />under public streets within right of way owned and managed by the City; and <br />WHEREAS, development and operation of that portion of the water system located <br />within public right of way requires careful coordination with and supervision by the City <br />Public Works Department; and <br />WHEREAS, management and operation of the water system also requires careful <br />coordination with the City Public Works Department, which manages the City's sanitary <br />sewer system; and <br />WHEREAS, City and Utilities agree that it will be more efficient, and the public interest <br />will be better served, by having the Water Superintendent under direct supervision of the <br />City Public Works Director and; <br />WHEREAS, City and Utilities desire to enter into this Agreement providing for <br />assistance with management of the City of Elk River Water System by the City Public <br />Works Director; and <br />WHEREAS, this Agreement is authorized and provided for by Minnesota Statutes § <br />471.59 and by Minnesota Statutes § 412.361, Subd. 5. <br />NOW, THEREFORE, in consideration of the mutual undertaking and agreements <br />hereinafter set forth, City and Utilities agree as follows: <br />1. SERVICES TO BE PROVIDED. The City Public Works Director, or such other City <br />employee or representative as the City Administrator or City Council shall designate, <br />shall provide to Utilities the Supervisory Services described in Attachment <br />A (" Supervisory Services"). Any City employee or representative providing Supervisory <br />Services to Utilities will continue, at all times, to be supervised, controlled, and directed <br />