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HomeMy WebLinkAbout#09 - MN Off-Road Cycling MOU - Sunfish Lake Park STAFF REPORT DATE: 8/04/2021 CONSENT TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Memorandum of Understanding MOU REVIEWED BY: Marty Powers, Public Works Director Parks Commission BACKGROUND: At the July 20th City Council meeting Staff presented a report on amending and rerouting trails within Sunfish Lake Park. At that meeting the Council approved the trail reroute plans and approved having Staff to draft a project specific Memorandum of Understanding (MOU) for the trail project between the City and the Minnesota Off-Road Cyclists (MORC). The directive to draft the MOU was approved through Resolution 2021-082. ISSUE BEFORE THE CITY COUNCIL: Does the City Council approve of the proposed MOU for the trail project? PROPOSAL DETAILS/ANALYSIS: Staff has drafted a project specific MOU, which has been reviewed by the City Attorney. The MOU outlines the expectations of both parties (City and MORC) as well as the project areas. The City currently has an existing MOU with MORC to help maintain the existing bike trails and the new MOU will be project specific and will expire/become null after the new trails are installed and completed. FISCAL IMPACT (Estimated): MORC has agreed to volunteer time and effort to build the new trials and reroute the walking trails within the Park. There is not expected to be a fiscal impact to the City for the trial construction/reconstruction. OPTIONS: The City Council may: 1. Approve the project specific MOU. 2. Amend the project specific MOU. 3. Deny project specific MOU. RECOMMENDATION: If the item is removed from the consent agenda Staff recommends the following motion. “Motion to approve the project specific MOU between the City of Lake Elmo and MORC for the creation of entrance and exit of Bike Trials as well as the reroute of walking trails in Sunfish Lake Park.” ATTACHMENTS: • MOU 1 LA515-1-737579.v2 MEMORANDUM OF UNDERSTANDING, PROJECT SPECIFIC BETWEEN THE MORC AND THE CITY OF LAKE ELMO Sunfish Lake Park – Lake Elmo, MN This Memorandum of Understanding (“MOU”), dated as of this ____ day of _____________, 2021 is entered into by and between the City of Lake Elmo, a Minnesota municipal corporation and Minnesota Off Road Cyclists, a Minnesota non-profit corporation (“MORC”). SECTION 1 - INTRODUCTION AND PURPOSE MORC and the City are interested in promoting mountain biking as an outdoor recreation and fitness activity. The City and MORC have established mountain bike trails in the City’s Sunfish Lake Park. The City, MORC, and other trail users have identified a need to re-route certain walking trails and mountain bike trails within Sunfish Lake Park. This MOU identifies a specific project, which is the re-routing of certain walking trails within Sunfish Lake Park and the establishment of entrance and exit mountain bike trails to connect to the existing mountain bike trailhead. MORC volunteers have agreed to perform this work as a volunteer service to the City in Sunfish Lake Park. Locations of the trails to be re-routed and established by MORC are set forth in Exhibit A of this MOU. This MOU also establishes the responsibilities and conditions under which MORC volunteer service will be provided for the project and delineates the responsibilities of the City. SECTION 2 – OWNERSHIP OF IMPROVEMENTS All improvements constructed in Sunfish Lake Park by the City or by MORC shall be, and remain the property of the City. All plans and documents including records, data, and other information acquired, developed or documented under this MOU shall be the property of the originating party, unless otherwise mutually agreed upon by both parties. SECTION 3 – TERM OF MOU The term of this MOU shall commence on August 4th, 2021, and end on August 4, 2022. The City may agree to extend this MOU for an additional one-year term upon the written approval of the City. Though, the intent of the MOU is ensure quick and complete establishment of the described trail work. 2 LA515-1-737579.v2 SECTION 4 – MORC VOLUNTEERS Volunteers assigned to perform the work under this MOU at Sunfish Lake Park will be considered volunteers of MORC and will be covered under the policies and procedures of MORC in relation to volunteer organization and management. Volunteers are not employees or volunteers of the City, however, they will receive training by MORC enabling them to represent the relationship between MORC and the City. SECTION 5 - MORC RESPONSIBILTIES MORC shall be responsible for the following at no cost to the City: a) Mountain bike trail design and construction in Sunfish Lake Park, with respect to the re- routing of certain walking and mountain bike trails. The project is further described as follows: 1) Removing two sections of walking trails (shown in red on the attached Exhibit A). 2) Installing two new sections of mountain bike trails so that a designated entrance and exit to the trail network is established (shown in yellow on the attached Exhibit A). 3) Installing a short walking trail to enter the walking trail network (shown in ____ on the attached Exhibit A). (the “Project”). b) Trail development and construction must conform to International Mountain Bike Association (“IMBA”) guidelines and City approved designs. The standards for trail design and construction shall be ultimately determined by the City. MORC shall be responsible for designing and constructing the Project. Trail construction may include sculpting or removing dirt as needed with respect to the trails being re-routed or established as part of the Project. c) Providing and supervising volunteers for trail construction. MORC must train and supervise all volunteers in appropriate trail construction techniques in accordance with IMBA guidelines. d) Providing its volunteers with tools and equipment. Coordination is required with Public Works to determine when it is acceptable to use power tools that may be heard by neighbors. e) Identifying a crew leader and providing that person’s name and contact information to the Public Works Director. f) Submitting recommendations to the City for any significant trail alignment changes that may arise in carrying out the Project as outlined in this MOU. 3 LA515-1-737579.v2 SECTION 6 - CITY RESPONSIBILITIES The City shall be responsible for the following: a. Reviewing and approving trail designs and implementation plans for the Project. b. Providing support for approved work on a schedule agreed to by the Public Works Director. c. Notification of any trail closures that must occur within Sunfish Lake Park as part of the Project. SECTION 7 – INDEMNIFICATION AND INSURANCE MORC and the City each agree that they will be responsible for their own acts and the results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party, therefor, agrees that it will assume all risk and liability to itself, its agents, officials, volunteers, and employees, for the injury to persons or property resulting in any manner from the conduct of its own operations and its accepted responsibilities found in this MOU. MORC shall provide the City with a certificate of commercial general liability insurance evidencing coverage of at least $1,000,000 of combined single limits covering claims that might be brought against MORC or the City that arise out of the uses authorized by this MOU. MORC must name the City as an additional insured on its policy with respect to the commercial general liability insurance. The certificate of insurance must be provided to the City Administrator prior to the Project commencing and subsequently not later than April 1st of each calendar year. SECTION 8 – COMPLIANCE WITH LAWS MORC and its activities under this MOU must not interfere with the public’s enjoyment of Sunfish Lake Park. MORC agrees that it will abide by all applicable laws and regulations, including, but not limited to, City ordinances. SECTION 9 – TERMINATION This MOU may be terminated by either party upon delivery of 30 day written notice to the other party. SECTION 10 – AMENDMENT OR ASSIGNMENT OF MOU This MOU shall not be altered, changed, or amended except by written mutual agreement of the parties. This MOU shall not be assigned by either party without the written permission of the other party. All prior agreements, resolutions, understandings, representations, whether consistent or inconsistent, verbal or written, concerning this MOU or the recreational facilities subject to this MOU are merged into and superseded by this MOU with the exception of the Memorandum of Understanding that was entered into by MORC and the City dated October 26th, 2020 with respect to ongoing maintenance of the mountain bike trails in Sunfish Lake Park (the “2020 MOU”). The 2020 MOU shall remain in full force and effect. 4 LA515-1-737579.v2 SECTION 11 - NOTIFICATIONS Except as otherwise expressly provided in this MOU, a notice or other communication required by this MOU shall be delivered to the contact persons at the email addresses and phone numbers listed below: MORC Contacts: Graydon Betts President treasurer@morcmtb.org president@morcmtb.org 952-913-3834 City of Lake Elmo Contacts: Kristina Handt Marty Powers City Administrator Public Works Director 651-747-3905 651-747-3941 khandt@lakeelmo.org mpowers@lakeelmo.org SECTION 12 – EMPLOYEES Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the parties hereto or as constituting one of the parties as an agent, representative or employee of the other party for any purpose or in any manner whatsoever. Personnel assigned to perform work on the recreational facilities subject to this MOU by one of the parties shall not be considered temporary or permanent employees of the other party for any purpose whatsoever or be entitled to any rights or benefits by way of workers’ compensation, unemployment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA, or any other right or benefit of the other party. SECTION 13 – SEVERABILITY If any portion of this MOU is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the MOU. 5 LA515-1-737579.v2 THE VOLUNTEER GROUP By: ______________________________ Its: _______________________________ By: ______________________________ Its: _______________________________ CITY OF LAKE ELMO By: ________________________________ Charles Cadenhead Its: Mayor By: ________________________________ Julie Johnson Its: City Clerk 6 LA515-1-737579.v2 EXHIBIT A Locations of the Trail to be Re-Routed [to be attached] Sunfish Lake Restored Prairie Sunfish Lake Park P µ Landfill City of Lake Elmo 3880 Laverne Ave. N Lake Elmo, MN 55042 651-747-3940 www.lakeelmo.orgFFFFFFFFFFFFFFFFFFF F F FFFF FFF!GF Wooded Area Open Field ParkingParkingP Landfill P Private Property 56 7 8 9 10 4 3 12 13 14 15 16 2 18 !G Single Track Trailhead Park Hours 1/2 Hour before Sunrise to 1/2 Hour after Sunset Multi-use TrailsMulti-use Trail 5.9 Miles F17 1 11 Single Track TrailsGreen Trail 1.1 Miles Black Trail 1.8 MilesBlue Trail 1.0 Mile 19