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Home My WebLink About05(D) - Approval of Agreement for Scott County Sheriff’s Office Lifejacket Loaner Station Report ITEM: 5D CITY COUNCIL AGENDA REPORT MEETING DATE: May 16, 2022 PREPARED BY: Steve Hart, Parks & Recreation Manager PRESENTED BY: Andy Brotzler, Public Works Director AGENDA ITEM: Approval of Agreement for Scott County Sheriff’s Office Lifejacket Loaner Station GOAL AREA Public Safety OBJECTIVE: 2. Enhance partnerships with community and public safety entities. RECOMMENDED ACTION: Approve agreement to allow the Scott County Sheriff’s Office to place a lifejacket loaner station at Sand Point Beach Park. BACKGROUND: In efforts to prevent and reduce the number of accidental drownings in lakes and rivers, the Scott County Sheriff’s Office has requested to place a life jacket loaner station at Sand Point Beach on Prior Lake. The Sheriff’s Office has received a grant from the Sea Tow Foundation to provide the station which includes signage, a storage rack, and 48 lifejackets free of charge. The program is designed to provide access to life jackets for those who might need them while swimming at the beach, and to have the jackets returned once they are done being used. The station and equipment will be monitored and maintained on a regular basis by the Scott County Sheriff’s Office. The City Attorney has prepared the attached agreement between the city and county for this program. The agreement outlines terms and conditions for the placement and maintenance of the lifejacket loaner station at Sand Point Beach. Staff has consulted with the League of Minnesota Cities and been advised that this does not create additional risk and liability for the city. FINANCIAL IMPACT: The loaner station has been procured by the Scott County Sheriff’s Office free of charge and requires no financial investment from the city. ALTERNATIVES: 1. Motion and second to approve the agreement for the lifejacket loaner station at Sand Point Beach. 2. Motion and second to deny the agreement for the lifejacket loaner station at Sand Point Beach. ATTACHMENTS: 1. 20220516 Lifejacket agreement w Scott Co City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 1 221417v1 AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE COUNTY OF SCOTT TO PROVIDE LIFEJACKETS AS SANDPOINT BEACH THIS AGREEMENT (the “Agreement”) is entered into this ___ day of ____________, 2022, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (“City”), and the COUNTY OF SCOTT, a body politic and corporate organized and existing under the laws of the State of Minnesota (“County”). The City and County are hereinafter referred to collectively as the “Parties”. RECITALS WHEREAS, Minnesota Statutes, Section 471.59 authorizes two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the City operates and maintains Sandpoint Beach with an address of 14341 Crest Ave NE, Prior Lake, Minnesota 55372; and WHEREAS, the County wishes to provide lifejackets (the quantity of which is flexible) and a rack to hang the lifejackets on at Sandpoint Beach and maintain the same for use by swimmers; and WHEREAS, the City is agreeable to permitting the County to provide lifejackets and a rack to hang the lifejackets on at Sandpoint Beach and maintain the same for use by swimmers; and NOW, THEREFORE, in consideration of the mutual promises and benefits that City and County shall derive from this Agreement, the Parties hereby enter into this Agreement for the purposes stated herein and jointly agree to the following: 1. RECITALS. The above Recitals are true and correct as of the date hereof and constitute a part of this Agreement. 2. PURPOSE. The purpose of this Agreement is to define the responsibilities and obligations of the City and the County with respect to providing lifejackets at Sandpoint Beach. 3. COUNTY OBLIGATION. The County, at its sole expense, will provide thirty-four (34) United States Coast Guard approved lifejackets and a suitable rack to hang the lifejackets on at Sandpoint Beach and maintain the same in safe and suitable condition for use by swimmers. 4. CITY OBLIGATION. The City will provide the County a suitable space at Sandpoint Beach to locate the lifejacket rack. 2 221417v1 5. TERM. The term of this Agreement shall commence upon the date of the signatures of the Parties to this Agreement and shall remain in effect until terminated by either Party. 6. INDEMNIFICATION. Each Party (hereinafter referred to as the “Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other Party against any and all claims, liability loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Indemnifying Party and/or those of the Indemnifying Party’s officers, employees, or agents. Under no circumstances, however, shall an Indemnifying Party be required to pay on behalf of itself and the other Party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for all Parties may not be added together to determine the maximum liability for either Party. The intent of this paragraph is to impose on each Party a limited duty to defend and indemnify each other subject to the limits of liab ility under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties form a single occurrence to be defended by a single attorney. 7. DISPUTES. The Parties agree that they will submit any disputes under this Agreement to mediation prior to resorting to action in Court. 8. TERMINATION. This Agreement may be terminated by either Party upon thirty (30) days written notice or at any time, upon mutual agreement of the Parties. 9. COUNTY CONTRACT SUBJECT TO AUDIT. Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, the County agrees that the City, State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County, and involve transactions relating to this Agreement. The County agrees to maintain these records for a period of six years from the date of termination of this Agreement. 10. CITY CONTRACT SUBJECT TO AUDIT. Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, the City agrees that the County, State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City, and involve transactions relating to this Agreement. 3 221417v1 The City agrees to maintain these records for a period of six years from the date of termination of this Agreement. 11. DATA PRACTICES. Each Party, its officers, employees, and agents, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy or confidentiality. 12. NONDISCRIMINATION. During the performance of this Agreement, each party agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed, or national origin be excluded from full employment light in, participation in, be denied benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. 13. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any proceedings related to this Agreement shall be venued in Scott County, Minnesota. 14. NON-ASSIGNABILITY. Neither the City nor County shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other Party. 15. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and have been signed by authorized representatives of the Parties. 16. WAIVER. The wavier of any rights and/or remedies arising under the terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. 17. THIRD PARTIES. This Agreement does not create any rights, claims, or benefits inuring to any person that is not a Party hereto nor create or establis h any third party beneficiary. 18. SAVINGS CLAUSE. If a court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect. 4 221417v1 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Remainder of page intentionally left blank. Signature blocks follow.] CITY OF PRIOR LAKE Dated: By: Mayor And: City Manager COUNTY OF SCOTT Dated: By: Sheriff’s Operations Captain Approved As To Form: Assistant County Attorney