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HomeMy WebLinkAbout15.C.1. Agreement with Minnesota DNR for Boat Launch Funding tS .c-'.l) CITY OF SHAKOPEE CONSEf~T MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Parks, Recreation, and Facilities Director Meeting Date: July 19, 2005 Subject: Agreement with Minnesota DNR for Boat Launch Funding INTRODUCTION This agenda item is to authorize and agreement with the Minnesota Department of Natural Resources for funding the construction of a new boat launch on the Minnesota River, and to outline future operational responsibilities. BACKGROUND AND DISCUSSION The city has planned replacement of the Minnesota River boat landing for several years, and has been waiting for funding from the Minnesota DNR. This month, we received confirmation that the funding is now available. Boat Landing Location and Design The plans (attached) show the boat landing to be relocated to the north side of the river, utilizing the existing U.S. Fish and Wildlife Service parking lot. We have received the required easements from the U,S. Fish and Wildlife Service for use of the property. We also need a permit from Scott County for a small section of the boat launch facility that would be in the CSAH 101 right-of-way. I spoke with Scott County staff earlier this summer and although we don't have the final permit, their staff did not anticipate any problems. We will be submitting the permit shortly. Proposed Work and Funding Agreement The funding agreement provides reimbursement up to $100,000 for construction costs of the boat launch. As proposed previously, the city's required 25% contribution would include the costs to design, bid, and oversee construction of the boat landing. Engineering has agreed to design the parking lot (Jeff Weyandt is completing the design), and our department will oversee bidding and construction. City Council authorized preparation of plans and specifications for the boat landing on December 3, 2003. One design item that has not been finalized is whether or not to resurface the existing parking lot. The DNR has agreed to include resurfacing of the parking lot as a bid alternate. If the bid is good, there may be additional funding available from the DNR for this work. Also, the DNR has asked whether or not it is feasible to include a handicapped parking stall closer to the ramp. Mr, Weyandt is working on the feasibility of this request. The original proposal for the design work apparently had the work being paid for out of the Engineering Department's operating budget, according to comments by previous staff. However, I was not able to confirm with Engineering whether or not this is still agreeable. We have included $10,000 in the preliminary 2006-2010 Park CIP that was reviewed by the Parks and Recreation Advisory Board in June. This amount should be adequate to cover the design fees, if needed. Timeline for Work. The funding is available through December 31, 2006. I believe it would be beneficial ir we could include this project as part of the overall Huber Park bid package, and coordinate it with the Huber Park construction in 2006. The DNR is comfortable with this approach. Ongoing Operational Responsibilities As with the existing boat landing, the city would be responsible for ongoing operation. The agreement is for a 20-year period, at which time the DNR would likely provide funding for renovation of the launch. REQUESTED ACTION 1. City Council is asked to authorize a Public Waters Access Cooperative Agreement with the Minnesota Department of Natural Resources for funding the construction of a new Minnesota River boat launch. 2. 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'~$ / "'''~d 1/1 !:I ocrtt-,OO'Otr-.. 1#1%-.1 ..tQ,LLII-Q EIWrD cD I, P ~ . _ ~ <,Uf3\ Z&".Lt., OO'DI-" U'Dt-.l .-..u-a ~:I\II'IO CJ) <( .. ~ 0 <;Ii .....-1001lC-H.rtl-J.AD.Lt.a'-aL3UlrDCD \ _ ~~;09 ;--~~ /' ~ A -11 'if /0 PUBLIC WATER ACCESS COOPERATIVE AGREEMENT This Agreement, between the State of Minnesota, acting by and tlrrough the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Shakopee 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 access sites on lakes and rivers where access is inadequate; and WHEREAS, the State and the City are authorized under Miimesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise conunon powers; and WHEREAS, the City and th~ State have determined this public water access improvement on Minnesota River is of high priority under the state public water access program; and WHEREAS, there is a right-of-way easement in effect between the City and the United States Department of the Interior, Fish and Wildlife Service for land described as: Sec. 1, T115N, R23W, Scott County, attached hereto as Exhibit A; and WHEREAS, the State is willing to construct a Public Water Access to the Minnesota River; and WHEREAS, plans for the Public Water Access have been developed by the City and approved by the State and are attached hereto as Exhibit B and shall be referred to as the "Plan"; and WHEREAS, the City will operate and maintain the Public Water Access located on the Minnesota River, hereinafter referred to as the "Facilities"; 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 benefits to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: 1. STATE'S DUTIES AND RESPONSIBILITIES a. The State shall provide technical assistance with the design and funding assistance with the construction of the Public Water Access facilities. b. The State shall review and approve the preliminary and fmal plans for the facilities as prepared by the City. c. The State will provide and install the appropriate signage for the site, including a wood-routed sign, which indicates the facilities are cooperatively provided by the City, the United State Department of the Interior, Fish and Wildlife Service and the Department of Natural Resources. The State shall also provide all boating related informational signs for a facility as determined by Department of Natural Resources policy. d. The State reserves the right to inspect the facility at any time to ensure that the City is in compliance with this agreement. II. CITY DUTIES AND RESPONSIBILITIES a. The City shall prepare the necessary plan, specifications, and proposal for the development of the facilities. The design shall meet ADA requirements and shall be approved by the State. b. The City shall perform all necessary bid advertisement, contract administration, construction engineering, staking, materials testing, record keeping and construction inspection, and shall administer the terms of the construction contract from contract award to certification of the fmal payment. - c. The City shall permit the State to review and approve any alterations to the facilities as designed and constructed under Exhibit B. d. The City shall obtain all federal and state permits necessary for the construction of the facilities. e. The City shall provide appropriate signage as necessary for proper operation and maintenance of the facilities. f. The City shall operate and maintain the facilities consistent with all local, state, and federal laws, regulations and rules that may apply to the management, operation, and maintenance of the facility. g. 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. h. The City shall provide police protection and patrols for the facilities in accordance with established police department policies for a facility of this type. i. The City shall maintain the access facilities for use by the public, and all of the laws, rules, regulations and Commissioner's orders of the Department of Natural Resources pertaining to public water access sites shall be applicable to the use of the site. j. The City and the State shall not charge a separate fee to use the launch ramp or parlcing area. The facility shall remain open year-round or in conjllilction with the City's established hours for a facility of this type. The City may close a facility for emergencies, or for other reasons, without prior written consent of the State. The City shall notify the State within 48 hours of closing a facility for emergency reasons or if a facility will remain closed longer than 24 hours. III FUNDING The State shall provide funding for it's responsibilities under Article I (a) above, however, the total obligation of the State shall be 75% of the total cost' of constructing the facility under Article I (a), as referenced in the Plan, attached and incorporated into this agreement as Exhibit B, not to exceed $iOO,ooo,OO. The obligation of the State is also limited to the amount of funds legislatively appropriated and administratively allocated to this project. The obligation of the State will expire on 31 December 2006, or when all development obligations under Article II (a) (b) have been satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. Reimbursement will be due within thirty (30) days of the City's presentation of invoices for services performed and acceptance of such services by the State's authorized representative. The City will not receive payment for work found by the State to be unsatisfactory or preformed in violation of federal, state or local law. N. LIABILITY Each party agrees that if will be responsible for its own acts and the results thereof to the extent authorized by the 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. 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 years from the end of this agreement. VIT. ANTITRUST The City hereby assigns to the State any and all claims 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 pamphiets, 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. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. 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 Shakopee Trails and Waterways Division Area (3B) Supervisor Parks and Recreation Department 1200 Warner Road 129 South Holmes Street St. Paul, MN 55106 Shakopee, MN 55379 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF SHAKOPEE By: By: Title: Title: Date: Date: DEPARTMENT OF ADMINISTRATION CITY OF SHAKOPEE 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. 6A.15 a 6CO~. Signed: Date: Contract: