HomeMy WebLinkAboutVIII-15 Authorize Signature - Cooperative Agreement for Lake Isabel Public Water AccessCity Council Memorandum
To:Mayor Fasbender & City Councilmembers
From:Chris Jenkins, Parks & Recreation Director
Date:April 7, 2025
Item:Cooperative Agreement –Lake Isabel Public Water Access
Council Action Requested:Approve attached Cooperative Agreement.
Background Information:For many years the City of Hastings has maintained
the public water access (boat launch) at Lake Isabel Park. Recently staff worked
with the MN Department of Natural Resources to plan replacement of the boat
launch planking. This agreement is the mechanism to cooperatively replace the
boat launch planking and to memorialize the City of Hastings will continue to
maintain the boat launch.
Financial Impact:Approximately $5,000 of expense will be incurred by the City
to remove the old planking and install the new planking. The State has incurred
the cost to purchase and deliver the new planking. This expense will be paid from
Fund 200, no adjustments are needed or requested.
Advisory Commission Discussion:N/A
Council Committee Discussion:N/A
Attachments:
▪Cooperative Agreement
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State of Minnesota
Cooperative Agreement
LAKE ISABEL PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND CITY OF HASTINGS
This 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.
The State and City have determined that the public water access on Lake Isabel is of high priority under the state
public water access program; and
The concrete boat ramp, located on City owned land at Sec. 27, T115, R17 in Dakota County and described as
Lake Isabel Park, needs replacement, and
The State and the City desire to cooperate in the replacement and ongoing maintenance of the boat ramp on
Lake Isabel,and
The City Council has authorized the City to enter into this agreement.
Agreement
Term of Agreement
Effective Date: April 7, 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 boat ramp planks through the standard internal purchasing process including,
mi
MINNeSOTA
1.
1.1
1.2
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but not limited to, a separate requisition request.
b.Provide boating and aquatic invasive species informational and regulatory signs for the site as
recommended by Department of Natural Resources policy and requested by the City.
c.Review and approve plans and provide technical assistance for the boat ramp replacement and
maintenance for the term of this Agreement.
d.Inspect the public water access at any time to ensure that the City is following this agreement.
City’s Duties and Responsibilities. The City shall:
a.Obtain any permit or license which may be required for the boat ramp replacement or other
construction or repair of the public water access.
b.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.
c.Construct the boat ramp and pay for any other material needed for the construction and maintenance
of the public water access.
d.The City shall be responsible for all routine maintenance and upkeep of the facilities including all on-
going ramp maintenance and will keep the facilities in reasonable and safe condition.
e.The City shall not restrict the use of the facilities based upon the boat size or the boat’s engine
horsepower, except as adopted through uniform water surface use zoning regulations.
f.The City shall not charge a separate fee to use the launch ramp or parking area. The facility shall remain
open year-round or in conjunction with the City’s established hours for a facility of this type. The City
may close a facility for emergencies, without prior written consent of the State. The City shall notify the
State within 48 hours of closing the facility for emergency reasons or if the facility will remain closed
longer than 48 hours.
g.Follow Minnesota DNR’s Operational Order 113, which requires 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
http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf.Duties listed are in
Op Order 113 under Sections II and III (p. 5-8).
i.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.
ii.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.
iii.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.
iv.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.
2.2
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h.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 §2 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 obligation of the State for its responsibilities under §2 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 is Rachel Henzen, 1200 Warner Road, St. Paul, MN 55106, 651-259-5875,
rachel.henzen@state.mn.us, or her successor.
The City’s Authorized Representative is Chris Jenkins, 920 West 10th Street, Hastings, MN 55033, 651-480-6176,
cjenkins@hastingsmn.gov or his successor.
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.
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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 Contract. 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 Contract 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
subcontractors, with respect to the program, publications, or services provided resulting from this
Contract.
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 Dakota County, Minnesota.
Termination
Termination. The State or the City may terminate this agreement at any time, with or without
cause, upon 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.
8.
9.
9.1
9.2
10.
11.
11.1
11.2
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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 $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.
Exhibits. The following Exhibits are attached and incorporated into this Contract. In the event of a conflict
between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the
Contract, and then in the following order:
Exhibit A:Map of Lake Isabel Park
(The remainder of this page intentionally left blank.)
12.
13.
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:_____________________________________
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Lake Isabel Fishing Pier
Dakota County
Minnesota Department of Natural Resources
Parks and Trails | Area 3B
1200 Warner Road
Saint Paul, MN 55106
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City Owned Property
DEPARTMENT OFIlliNATURALRESOURCES
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