HomeMy WebLinkAboutVIII-14 Cooperative Agreement with DNR for Extension of Lake Rebecca Fishing PierCity Council Memorandum
To:Mayor Fasbender & City Councilmembers
From:Chris Jenkins, Parks & Recreation Director
Date:March 17, 2025
Item:Cooperative Agreement: Lake Rebecca Fishing Pier
Council Action Requested:Approve cooperative agreement and resolution to
receive an extension for the Lake Rebecca Fishing Pier.
Background Information:The existing fishing pier at Lake Rebecca Park was a
cooperative effort between the City and MN DNR. It was identified that an extension
to the pier would better serve the location and the fishing public, so staff from both
agencies propose the attached agreement and resolution to provide an extension
for the pier. This extension will be installed as part of the larger Lake Rebecca
project.
Financial Impact:No cost to the City, the pier extension is funded by the MN
DNR.
Advisory Commission Discussion:N/A
Council Committee Discussion:N/A
Attachments:
▪Agreement
▪Resolution
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State of Minnesota
Cooperative Agreement
REBECCA LAKE PUBLIC FISHING PIER
LAND USE, OPERATIONS, AND MAINTENANCE COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND CITY OF HASTINGS
This Cooperative Agreement (“Agreement”is between the State of Minnesota, acting through its Commissioner
of the Department of Natural Resources (“State”) and City of Hastings,(“City”).
Recitals
The Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes
Section 97A.141 to provide public water access on lakes and rivers, where access is inadequate; and
Under Minnesota Statutes § 471.59, subd. 10, the State is empowered to engage such assistance as deemed
necessary; and
The State and City have determined that a fishing pier site on Rebecca Lake is of high priority under the state
public water access program; and
The fishing pier extension will be located on City owned land at Sec. 21, T115 N, R17 W,described as Lake
Rebecca Park, and used for fishing, observation, and other compatible uses (“Fishing Pier”), and
The State and the City desire to cooperate in the installation and maintenance of the Fishing Pier extension on
Rebecca Lake; and
The City Council has authorized the City to enter into this Agreement.
Agreement
Term of Agreement
Effective Date: March 21, 2025,or the date the State obtains all required signatures under Minn. Stat.
§ 16C.05, subd. 2, whichever is later.
Expiration Date: December 31, 2045, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
Agreement between the Parties
State’s Duties and Responsibilities. The State shall:
a.Encumber funds for the facility through the standard internal purchasing process including, but not
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limited to, a separate requisition request.
b.Review and approve any signs before they are placed at the facility by the City.
c.Retain ownership of the Fishing Pier extension through the expiration date of the Agreement and retain
the authority to relocate and/or remove the Fishing Pier extension if the site, identified as Exhibit A,is
determined to be inadequate or if the City fails to comply with the terms of the Agreement. Before such
removal or relocation, the State shall consult with the City.
d.The State reserves the right to inspect the Fishing Pier to ensure that the City complies with the terms of
this Agreement.
City’s Duties and Responsibilities. The City shall:
a.Comply with all local, state and federal laws, regulations, rules and ordinances which may apply to the
management, operation, and maintenance of the Fishing Pier extension.
b.Obtain any permit or license which may be required for the Fishing Pier extension.
c.Provide a hard surfaced, accessible route/sidewalk/pathway which meets accessible requirements of
less than a 5% gradient, 2% cross slope connecting the Fishing Pier to an accessible parking space. The
City agrees to complete this portion of the project as soon as possible and within one (1) year of the
effective date of this Agreement. The City agrees to comply with the Americans with Disabilities Act
(ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines.
d.Provide personnel and equipment to install the Fishing Pier extension, and request assistance from the
State as needed.
e.Keep the Fishing Pier and related facilities free and open every day during open water season in
conjunction with the City’s established operational months and hours for a facility of this type. The City
may close the Fishing Pier for emergencies, or for other reasons, without prior written consent of the
State. The City shall notify the State within seventy-two (72)hours of the closing of the Fishing Pier for
emergency reasons or if the facility will remain closed longer than seventy-two (72)hours.
f.Provide free and adequate parking in the vicinity for the Fishing Pier including at least one (1) designated
accessible space for persons with disabilities.
g.Provide police protection and patrols for the Fishing Pier in accordance with the City’s established police
department policies for a facility of this type.
h.Install appropriate signage for the site as approved by the State.
i.Maintain the Fishing pier extension and facilities and keep them in good and sanitary order in
accordance with the City's established practices for maintenance of City facilities. Additionally, the City
shall provide all necessary routine maintenance and minor repairs to the Fishing Pier extension
including, but not limited to, the repair or replacement of decking and railings. The State shall assist the
City with major structural repairs subject to the availability of funding according to the provisions of
Article II.
j.Take action no earlier than October 15th of each year to protect the Fishing Pier from damage caused by
ice action. This may include moving the fishing pier to a protected location or disconnecting it from
shore.The City shall return the Fishing Pier to its original location in a usable condition no later than
May 1st of each year or after floodwaters recede, whichever is later.
k.Follow Minnesota Department of Natural Resource’s (DNR)Operational Order 113, which requires
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preventing or limiting the introduction, establishment and spread of invasive species during activities on
public waters and DNR-administered lands. Operational Order 113 is incorporated into this Agreement
by reference and can be found at
https://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf Duties listed are in
Operational Order 113 under Sections II and III (p. 5-8).
a.The City shall prevent invasive species from entering or spreading within a project site by
cleaning equipment and clothing prior to arriving at the project site.
b.If equipment or clothing arrives at the project site with soil, aggregate material, mulch,
vegetation (including seeds) or animals, it shall be cleaned with tools or equipment furnished by
the City (such as brush/broom, compressed air,or pressure washer) at the staging area.
c.The City shall dispose of material and debris cleaned from equipment and clothing at an
appropriate location. If the material cannot be disposed of onsite, then the material must be
secured prior to transport (such as a sealed container, covered truck, or wrap with tarp) and
legally dispose of offsite.
d.The City shall ensure that all equipment and clothing used for work in public waters has been
adequately decontaminated for aquatic invasive species. All equipment and clothing including
but not limited to waders, vehicles and boats that are exposed to any public water of the state
must be thoroughly cleaned and drained of all water before transport to another location.
l.Follow pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat.
§ 84.973 for all habitat restorations and enhancements conducted on DNR lands and prairie restorations
on state lands or on any lands using state funds. Practices and guidelines ensure an appropriate diversity
of native species to provide habitat for pollinators through the growing season.
Funding
The State shall provide funding for its responsibilities under Article II of this Agreement through the standard
internal purchasing process including, but not limited to a separate requisition in which funds will be
encumbered. The total cost of the Fishing Pier extension shall be borne by the State. The total obligation of the
State for its responsibilities under Article II of this Agreement shall be limited to the amount of funds legislatively
appropriated and administratively allocated to this project. No additional funding will be provided, unless
agreed upon by all parties and an amendment to this Agreement is completed and executed.
Authorized Representatives
The State’s Authorized Representative, or their successor:
TJ DeBates
Minnesota DNR East Metro Fisheries Supervisor
1200 Warner Road, Saint Paul, MN 55106
Timothy.Debates@state.mn.us | 651.259.5770
The City’s Authorized Representative, or their successor:
Chris Jenkins
City of Hastings Parks and Recreation
920 West 10th Street, Hastings, MN 55033
CJenkins@hastingsmn.gov | 651.480.6176
3.
4.
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Assignment, Amendments, Waiver, and Contract Complete.
Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement
without the prior consent of the State and a fully executed assignment Agreement, executed and
approved by the authorized parties or their successors.
Amendments. Any amendment to this Agreement must be in writing and will not be effective until it
has been executed and approved by the authorized parties or their successors.
Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the
provision or its right to enforce it.
Contract Complete. This Agreement contains all negotiations and Agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
Liability
Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by
law and shall not be responsible for the acts of the other party and the results thereof. The State’s liability shall
be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other
applicable law. The City’s liability shall be governed by Minnesota Statutes Sections 466.01 -466.15, and other
applicable law.
State Audits.
Under Minn. Stat. §16C.05, subd. 5, the City’s books, records, documents, and accounting procedures and
practices relevant to this Agreement are subject to examination by the State, the State Auditor, or Legislative
Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Agreement.
Government Data Practices.
The City and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if
the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time)
as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil
remedies of Minn. Stat. §13.08 apply to the release of the data governed by the Minnesota Government
Practices Act, Minn. Stat. Ch. 13, by either the City or the State.
If the City receives a request to release the data referred to in this clause, the City must immediately notify and
consult with the State’s Authorized Representative as to how the City should respond to the request. The City’s
response to the request shall comply with applicable law.
Publicity and Endorsement.
Publicity. Any publicity regarding the subject matter of this Agreement must identify the State as the
sponsoring agency and must not be released without prior written approval from the State’s
Authorized Representative. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, information posted on corporate or other websites, research, reports,
signs, and similar public notices prepared by or for the City individually or jointly with others, or any
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subcontractors, with respect to the program, publications, or services provided resulting from this
Agreement.
All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of
Minnesota guidelines for creating accessible electronic documents can be found at the following URL:
https://mn.gov/mnit/programs/accessibility/.
Endorsement.The City must not claim that the State endorses its products or services.
Venue
Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
Termination
Termination. The State or the City may terminate this Agreement at any time, with or without
cause, upon thirty (30)days’ written notice to the other party.
Termination for Insufficient Funding.The State may immediately terminate this Agreement if it
does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to the City. The State is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the City will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the
extent that funds are available. The State will not be assessed any penalty if the Agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the City notice of the lack of funding within a
reasonable time of the State’s receiving that notice.
Force Majeure
Neither party shall be responsible to the other or considered in default of its obligations within this Agreement
to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot,
disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or
occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the
delay or failure to perform. A party relying on this provision to excuse performance must provide the other party
prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as
practicable.
E-Verify Certification (in accordance with Minn. Stat. §16C.075).
For services valued in excess of fifty-thousand dollars ($50,000), the City certifies that as of the date of services
performed on behalf of the State, City and all its subcontractors will have implemented or be in the process of
implementing the federal E-Verify Program for all newly hired employees in the United States who will perform
work on behalf of the State. The City is responsible for collecting all subcontractor certifications and may do so
utilizing the E-Verify Subcontractor Certification Form available at
http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept
on file with Contractor and made available to the State upon request.
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Exhibits. The following Exhibits are attached and incorporated into this Agreement. In the event of a conflict
between the terms of this Agreement and its Exhibits, or between Exhibits, the order of precedence is first
the Agreement, and then in the following order:
Exhibit A: Fishing Pier Location Map
Exhibit B: City Council Meeting Minutes or Council Resolution
(The remainder of this page intentionally left blank.)
14.
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1.State Encumbrance Verification
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05
Print Name:___________________________________
Signature:_____________________________________
Title:Date:______________
SWIFT Contract No._____________________________
2.City
Print Name:___________________________________
Signature:_____________________________________
Title:Date:______________
Print Name:___________________________________
Signature:_____________________________________
Title:Date:______________
3.State Agency
With delegated authority
Print Name:___________________________________
Signature:_____________________________________
Title:Date:______________
4.Commissioner of Administration
As delegated to The Office of State Procurement
Print Name:___________________________________
Signature:_____________________________________
Title:Date:______________
Admin ID:_____________________________________
This is a draft for approval only, Do Not Sign.Signing will be done in order, by email through DocuSign.
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Exhibit A
MississippiRationalRiver
and Recreaton
Area "
Minneapolis
Saint Paul
Hastings
Rebecca Lake
Fishing Pier Extension
2025
Coordmare System:NAD 1983ITM Zone 15N
Countyof Dakota,Metropolitan Council,MetroGIS,Esri,TomTom,Garmin,
FAO,NOAA.USGS,EPA,NTS,USFWS
Mapby:JimLevin,February2025 0.04
0.05
0.07=1Mi
Z3Km0.1
*7;
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION AUTHORIZING CITY OF HASTINGS TO ENTER
INTO A COOPERATIVE AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
FOR THE LAKE REBECCA FISHING PIER EXTENSION PROJECT
WHEREAS,the authorizing authority approves of the attached application for the Lake Rebecca
fishing pier extension project; and
WHEREAS,the authorizing authority agrees to be reimbursed costs associated with this project as
outlined in the cooperative agreement.
NOW, THEREFORE BE IT RESOLVED,that the authorizing authority of the City of Hastings
does adopt this resolution.
WHEREUPON SAID RESOLUTION ____________ WAS DECLARED DULY PASSED
AND ADOPTED THIS ______ DAY OF ______________.
______________________________
Mary D. Fasbender, Mayor
ATTEST:
______________________________
Kelly Murtaugh, City Clerk
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