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HomeMy WebLinkAbout20070604 - VI-02 VI-2 MEMO Date: 5/30/07 City of Hastings .Parks & Recreation To: Honorable Mayor and Council Members Department 920 W 10th St. Prom: Barry Bernstein, Parks and Recreation Director Hastings, MN 55033 Ph: (651)480-6175 Subject: Lake Isabel Fax: (651) 437-5396 www.ci.hastings.mn.us Background Information: Aquatic Center I have brought before council an agreement with the Minnesota Department of 901 Maple St. Natural Resources for the proposed fishing pier at Lake Isabel. The agreement Hastings, MN 55033 has been reviewed by our legal council. This agreement is the final piece of the Ph: (651) 480-2392 puzzle prior to beginning construction. Fax: (651) 437-5396 If approved, the signed agreement will be sent forward to the DNR and at that time the ordering of materials, delivery and installation will be scheduled. Civic Arena 2801 Redwing Blvd. REF: City Council! lake Isabel 3 2007 Hastings, MN 55033 Ph: (651) 480-6195 Fax: (651) 437-4940 PUBLIC FISHING PIER COOPERATNE AGREEMENT This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State", and the City of Hastings, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97 A.141 to provide public water access sites on lakes and rivers, where access is inadequate; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS, the State and the City have determined that a fishing pier site on Lake Isabelle, hereinafter referred to as the "Fishing Pier" is of high priority under the state public water access program; and WHEREAS, the City owns land described as; Sec. 27 , T.115N, R.17W, as shown in Exhibit A and on the attached map; and WHEREAS, plaus for the Fishing Pier have been developed and approved by the State and are attached hereto as Exhibit B and shall be referred to as the "Plan"; and WHEREAS, the State and the City desire to cooperate in the installation and maintenance of the Fishing Pier on Lake Isabelle; and WHEREAS, a resolution or copy of the City councillboard meeting minutes authorizing the City to enter into this agreement is attached hereto as Exhibit C; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. INSTALLATION Installation of the Fishing Pier structure itself shall be the responsibility of the State, however, the City shall provide personnel and equipment when feasible to assist with the installation. The City will coustruct and pay for a concrete footing and approach at the shoreline connecting the Fishing Pier gangway to the shore. The City will also construct and pay for a hard surfaced, accessible sidewalk/pathway, which meets ADA requirements of less than a 5% gradient, 1 % cross slope and 1 % tolerance connecting the Fishing Pier to an accessible parking space. The City agrees to complete their portion of the project Installation within one year of the effective date of this Agreement. II OPERATION OF THE FISHING PIER The City shall operate the Fishing Pier in the following manner: a. The City shall comply with all local, state and federal laws, regulations, rules and ordinances which may apply to the management, operation, and maintenance of said premises. b. The Fishing Pier may only be used for fishing, observation and other compatible uses. c. The Fishing Pier and related facilities shall be free and remain open every day during open water season for at least sixteen (16) hours per day between the hours of6;00 a.m. and midnight or in conjunction with the City's established hours for a facility of this type. The City may close the Fishing Pier for emergencies, or for other reasous, without prior written consent of the State. The City shall notify the State within 48 hours of the closing of the Fishing Pier for emergency reasons or if the facility will remain closed longer than 24 hours. d. Free and adequate parking in the vicinity will be provided for the Fishing Pier including at least one (1) designated accessible space for persons with disabilities. e. The State reserves the right to inspect the premises at all times to insure that the City is in compliance with the terms of this Agreement. f. The City shall provide police protection and patrols for the Fishing Pier in accordance with the CityDs established police department policies for a facility of this type. g. The State will provide and install the appropriate signage for the site, which indicates that the Fishing Pier is cooperatively provided by the City and the Department of Natural Resources. h. The State shall retain ownership of the Fishing Pier and retains the authority to relocate and/or remove the Fishing Pier if the site (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. 1. The City shall maintain the facilities and keep them in good and sanitary order in accordance with the City's established practices for maintenance of City park facilities. Additionally, the City shall provide all necessary routine maintenance and minor repairs 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 III. J. The City shall obtain any permit or license which may be required for the Fishing Pier. k. The City shall take necessary action no earlier than October 15th of each year to protect the Fishing Pier from damage caused by ice action. Additionally, if necessary, the City shall return the Fishing Pier to it's original location, Exhibit B, no later than May I st of each year. III. FUNDING The State shall provide the Fishing Pier structure in accordance with the Plan, Exhibit B. The cost of the Fishing Pier structure shall be borne by the State. The cost of the required shoreline footing, accessible sidewalk/pathway and parking area shall be borne by the City as provided in Article I. The total obligation of the State for it's responsibilities under Article I shall be limited to the amount of funds legislatively appropriated and administratively allocated to this project. The obligation of the State for the repairs and improvements beyond the initial installation costs shall also be limited by 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 Agrccmcnt is completed and executed. IV. 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 Scction 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. V. TERM This Agreement shall be effective on the date it is approved by the Department of Administration and shall remain in effect for a period of twenty (20) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required given notice is given. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six (6) years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all clairus for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro-rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds, The State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, 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 referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT 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, 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 and services provided from this agreement. XI. CONWLETEAGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XII. OTHER TERMS AND CONDITIONS NOTICES; Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to; The State The City Minnesota Department of Natural Resources City of Hastings Trails and Waterways Division Area (3B) Supervisor Parks and Recreation Director 1200 Warner Road 920 W. lOth. Street St. Paul, MN 55106 Hastings, MN 55033 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF HASTINGS By: By: Title: Title: Date: Date: DEPARTMENT OF ADMINISTRATION CITY OF HASTINGS Delegated to Materials Management Division By: By: Title: Title: Date: Date: STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: Date: Contract: