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4.10 SR 08-07-2023Request for Action To Item Number Ma Tor and CinT Council 4.10 Agenda Section Meeting Date Prepared by Consent Agenda August 7, 2023 Tim Sevcik, Street and Park Superintendent Item Description Reviewed by Orono Boat Launch Dock Replacement ustin Femrite P.E., Public Works Director Reviewed by Cal Pormer, Ci r Administrator Action Requested Approve the Memorandum of Understanding (MOU) with the Minnesota Department of Natural Resources (DNR) for a refurbished 5-foot byT 30-foot dock for the Orono Boat Launch. Background/Discussion During the spring installation of the Orono Park boat launch dock, staff noted several structural deficiencies with the dock resulting in several repairs to be conducted. While repairs were able to make the dock safe for the summer season, it was identified a replacement was needed. Staff contacted the Minnesota Department of Natural ResouYces to inquire about the potential of the DNR to provide a new dock as part of our parmership to offer access to the lake. DNR staff indicated theyT did not have funding for any new docks for 2023, however they had several docks no longeY needed in their inventoryr. After inspecting their excess docks, the DNR identified a 5-foot byr 30-foot ADA accessible dock with a wooden surface that was structurally sound and in relatively good condition. The DNR agreed to provide this dock to the cityT for use at Orono Park `vith the cityT to maintain the dock for public use. Some deck boards and bumper rail replacements `vill need to be conducted byT cityT staff prior to installation. Staff recommends entering a MOU with the DNR to replace the Orono Park boat launch dock for continued use of the facilit�r. Financial Impact None Mission/Policy/Goal Provide continued services to the public in the most efficient and cost-effective manner. Attachments ■ Memorandum of Understanding The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 �DEPARTMENT OF . NATURAL RESOURCES State of Minnesota Department of Natural Resources Parks and Trails Division Memorandum of Understanding for a 5ft by 30ft Dock Placement This Memorandum of Understanding (MOU) is intended to provide a framework for a collaborative working relationship between the Minnesota Department of Natural Resources (DNR) Parks and Trails (PAT) and the City of Elk River (to be referred to as the Partner). WHEREAS, pursuant to Minn. Stat. § 97A.141, the DNR provides public access sites on lakes and rivers where access is inadequate; WHEREAS, the Partner owns the land described as Section 32, Township 33N, Range 26W in Sherburne County, MN also known as the Orono Lake Public Water Access which a map is attached and incorporated into this agreement as Exhibit A; WHEREAS, the purpose of the DNR making available a dock for the Partner to use is to provide the public with adequate access to lakes and rivers. L STATEMENT OF PURPOSE. The purpose of this MOU is to establish a framework for cooperative action between the Partner and the DNR. The DNR is to provide a dock to be located at the Lower Orono Lake Public Water Access in Sherburne County for the Partner to receive "as is" and thenceforth maintain said dock for public use. ILTerm of Agreement Effective date: August 3, 2023, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2. Expiration date: Three years from last signature date, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Revisions or amendments to this MOU may be reassessed on an annual basis, but any changes must be in writing and approved by both Parties. TERMINATION. Any of the signatory Agencies may terminate this MOU with or without cause, upon 30 calendar days' advance written notice sent to the Authorized Representatives for the parties. Said written notice of termination shall be delivered either electronically or by U. S. first class mail. This MOU may also be terminated at any time by written mutual consent of all parties. IIL RE SPONSIBILITIES: DNR RESPONSIBILITIES: a. The State shall provide the Partner with a Sft by 30ft dock to be received "as is." b. The State shall retain ownership of the dock through the expiration date and retains the authority to relocate and/or remove the dock if the site (Exhibit A) is determined to be inadequate or if the Partner fails to comply with the terms of the agreement. Before such removal or relocation, the State shall consult with the Partner. c. The State reserves the right to inspect the premises at all times to ensure that the Partner complies with the terms of this Agreement. PARTNER RESPONSIBILITIES: a. The Partner agrees to receive the dock "as is" and is responsible for the day-to-day operations and maintenance of the dock and all associated costs including deck boards and bumper rail replacement. b. The Partner is responsible for the installation, removal, and winter storage of the dock. c. The Partner will resolve (make safe) any safety issues within 24 hours and all other maintenance issues within one week of a report. d. The dock shall be available during the open water season—from approximately fishing opener to the end of October. The Partner may close or remove the dock for emergencies, without prior written consent of the State. The Partner must 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). 1. The Partner shall prevent invasive species from entering or spreading within a proj ect site by cleaning equipment and clothing prior to arriving at the proj ect site. 2. If the equipment or clothing arrives at the proj ect site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned with tools or equipment furnished by the Partner (such as brush/broom, compressed air or pressure washer) at the staging area. 3. The Partner 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. 4. The Partner shall ensure 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 cleaned and drained of all water before transport to another location. f. Upon Completion of the term of the agreement, the ownership of the dock will be transferred to the Partner forthwith and responsibilities for operating and maintaining will be up to the Partner. IV. Authorized Representatives The State's Authorized Representative is Tim Edgeton, PAT, Area 3A Supervisor, or their successor, has the responsibility to monitor the performance and the authority to accept the services provided under this MOU. Address: 1035 South Benton Drive, Sauk Rapids, MN 56379 Phone: 320-223-7861 Email: tim.edgeton@state.mn.us The Partner's Authorized Representative is Tim Sevcik, Street and Park Superintendent, or their successor. Address: 1900 Proctor Rd NW, Elk River, 55330 Phone: 763-226-8387 Email: tsevcik@elkrivermn.gov V. GENERAL PROVISIONS. a. This MOU contains the final and entire agreement between the parties and is the complete and exclusive statement of the terms. This MOU supersedes all prior agreement and understandings, whether oral or written, in connection with the subject matter of this MOU. b. This MOU is not a legally binding agreement and creates no legally binding obligations for any of the parties. Each party may, upon written notice, amend, or discontinue its role outlined in the MOU. Because of this mutual desire to proceed, each Party affirms that it fully intends to make a good faith effort to achieve the goals described above including working together to find mutually beneficial solutions when problems arise. c. No amendment to this MOU will be effective unless it is in writing and signed by both Parties. d. Nothing in this MOU shall be construed to require or empower any of the party signatories to act beyond the scope of their individual authorities as set forth in Minnesota Statute or Rule. e. The Parties agree that portable document format or other electronic signatures of the Parties to this MOU shall be binding and enforceable and that this MOU may be executed in one or more counterparts. £ All notices required under this MOU shall be made to the parties' authorized Representative as set forth in Paragraph V above. g. The Parties acknowledge that this MOU, as well as any data created, collected, stored, or received under the terms of this MOU, are "Government Data" within the meaning of the Minnesota Government Data Practices Act (Minnesota Statutes chapter 13), and that they must comply with the provisions of the Act as it relates to such data. h. Liability. Each party will be responsible for its own acts and behavior and the results thereo£ The Minnesota Tort Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the State's liability. CITY OF ELK RIVER By: Title: Date: CITY OF ELK RIVER By: Title: Date: STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES By: Title: Date: 4 Exhibit A Public Water Access, Lower Orono Lake, Sherburne County, MN �__ ��,,� �� � . _ - � � �`.:, , �t \ � �,/__ � • �`-, � T. ` i � +p �7' �V ? �� . ' _ ... ' � _. . � � � �,. � . . � � ��, , �` . _ ��L � ,.,i, .� �, \ ��.. �'- �-r � .�'�''� . , _ , ��, s _ - __ r� . . • # -� � �, / .. - A . �!-"-'- - � . '� �� . t � ,T( � ' � f � / V� ' --�"'- _ e' � i � � � � �• � � ' N �.�� .� � ����� '.� , • j ��' ����T f ; . �i�� � � ' E +9-' . ' +f . ec., �� �. � � � .:.� � � L `�: . • , . 1 � � � �L ��� . �. �! �, - � : �� .. ,� �� . � � , '@ - �;,.�w �� � , - , � y� � ,'� �.,,� , � �^„ r �'�t '� ' �.` ; ,. . ��.{ � ' f �C:;r'`1 _ � ... � l�� i .; 'r '� :+L t, fF�, "`> � ' �!''�,`~ 4 f�;� � �i- * r e' i � ' � • � �� � 4 ���� R • . � � �'��� . ! 1►. `. �.� �� _ . 4 � � . . , �' ti� ,�� , � �- .-,�� << �, .�' - .�� �� .:.; �.� �:.. , o .r ( R�„ ,,;,'�j1'" ' t ��Q' � r.- _ � m DEPARTMENTOF NATURALRESOURCES Mol IyLou. Pi ntok@state. mn. us Map and geographic data should not be interpreted as establishing or describing legal boundaries or legal access and should not be used for navigational purposes. Map and geographic data should be used for reference only. Users of the data are responsible for verifying public land or water boundaries by observing boundary signs and markers, consulting official surveys and maps, and contacting local MNDNR offices.