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Dakota County Contract C0029126
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AQUATIC INVASIVE SPECIES AID
GRANT AGREEMENT
This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting
through its Environmental Resources Department (County) and the City of Lakeville (Grantee).
Recitals
WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement;
WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive
Species Prevention Aid;
WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs
to manage and prevent the growth of aquatic invasive species with local units of government, soil and water
conservation districts, watershed districts, or lake associations, in the county;
WHEREAS, yellow iris exists within Kingsley Lake in Dakota County and the City of Lakeville has proposed
control via herbicide treatment (Services).
WHEREAS, the Grantee agrees to perform all Services described in this Agreement to the satisfaction of the
County;
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and
covenants contained in this Agreement, the County and the Grantee agree as follows:
AGREEMENT
1. Parties: The parties to this Agreement are the County and Grantee, collectively referred to as the
“Parties”.
2 Effective Date and Term: Notwithstanding the dates of signatures of the Parties to this Agreement, the
effective date of this Agreement is from April 1, 2017 through December 31, 2017, or until completion
by the Parties of their respective obligations under this Agreement, whichever occurs first, unless
earlier terminated by law or according to the provisions of this Agreement.
3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City
of Lakeville for Aquatic Invasive Species prevention activities.
4. Grantee Obligations
A. Grantee shall provide the following services (Services), described herbicide treatment of yellow
iris within Kingsley Lake and more specifically in accordance with Dakota County’s Aquatic
Invasive Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto
and incorporated by reference herein as Exhibits A and B, and the Grantee’s Proposal, attached
hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies
between this Agreement and Exhibits A or B, the priority of documents shall be as follows: 1)
this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s
Aquatic Invasive Species Grant Program (Exhibit B); 4) the Grantee’s Proposal (Exhibit C).
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B. Publicity: Grantee shall acknowledge funding provided by the County in any promotional
materials, signage, reports, publications, notices, or presentations related to activities conducted
under this Agreement. This section shall survive the expiration or termination of this Agreement.
5. Reimbursement.
The Grantee may claim reimbursement for expenditures incurred in connection with the performance of
activities that are eligible for reimbursement in accordance with this Agreement. No reimbursements will
be made for any expenditures incurred prior to the effective date of this Agreement.
The County will reimburse the Grantee within 45 calendar days of Grantee’s submission of invoices to
the County. Invoices must be submitted in the form acceptable to the County. All requests for
reimbursement must be submitted by December 15, 2017. The Grantee must certify that the requested
reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic
Invasive Species Plan attached hereto and incorporated by reference to this Agreement as Exhibit A,
that Grantee has documentation of the actual expenditures for which reimbursement is sought, and that
such expenditures have not been otherwise reimbursed.
Grantee understands and agrees that payments by the County to Grantee under this Agreement are
dependent upon payments to the County from the State, through the Department of Revenue. The
Parties agree that payment to the County from the State is a condition precedent of this Agreement and
if payment from the State is not obtained or continued or is decreased by any amount the County may
reduce or terminate this Agreement by giving Grantee 30 days’ notice. If the Agreement is terminated
due to lack of funding from the State, Grantee shall only be entitled to the actual cost of Services
rendered up to the date of termination. If payment from the State to the County is decreased, the
Parties may negotiate a decrease in the amount of Services provided in the Agreement. The Grantee
agrees that the County’s decision not to terminate shall be sufficient consideration for any modification
of the Agreement.
5. Authorized Representatives: The following named persons are designated as the Authorized
Representatives of the Parties for purposes of this Agreement. These persons have authority to bind
the party they represent and to consent to modifications, except that the Authorized Representatives
shall have only the authority specifically granted by their respective governing boards. Notice required
to be provided pursuant this Agreement shall be provided to the following named persons and
addresses unless otherwise stated in this Agreement, or in a modification to this Agreement.
The County’s Authorized Representative is:
Georg T. Fischer or successor, Director
Environmental Resources Department
14955 Galaxie Avenue
Apple Valley MN 55124
Telephone: 952-891-7554
Email: Georg.fischer@co.dakota.mn.us
The Grantee’s Authorized Representative is:
Douglas P. Anderson, Mayor
Lakeville City Hall
20195 Holyoke Avenue
Lakeville MN 55044
Telephone: 952-985-4410
Email: danderson@lakevillemn.gov
In addition, notification to the County or the Grantee regarding termination of this Agreement by the
other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway
55, Hastings, MN 55033.
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The Parties shall provide written notification to each other of any change to the Authorized
Representative. Such written notification shall be effective to change the designated liaison under this
Agreement, without necessitating an amendment of this Agreement.
7. Indemnification and Insurance:
Each party to this Agreement shall be liable for the acts or omissions of its officers, directors,
employees or agents and the results thereof to the fullest extent authorized by law and shall not be
responsible for the acts of the other party, its officers, directors, employees or agents. It is understood
and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other
applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or
actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a
claimant to obtain separate judgments or separate liability caps from the individual parties. In order to
insure a unified defense against any third-party liability claims arising from work of the Project, Grantee
agrees to require all contractors or subcontractors hired to do any work on the Project to maintain
commercial general liability insurance in the amounts consistent with the minimum limits of coverage
established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are
able to comply with the indemnity requirements through an insurance company, the League of
Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any
purpose by the activities of the Grantee because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as Federal regulations on data privacy,
including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it
applies. The Grantee agrees to abide by these statutes, rules and regulations and as the same may be
amended from time to time.
9. Assignment, Amendments, Waiver and Complete Agreement.
A. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this
Agreement without the prior consent of the County and a fully executed assignment agreement,
executed by the County and the Grantee.
1. Use of Contractors. The Grantee may engage contractors to perform activities funded
pursuant to this Agreement. However, the Grantee retains primary responsibility to the County
for performance of the activities and the use of such contractors does not relieve the Grantee
from any of its obligations under this Agreement.
If the Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the
contract for such services shall include the following provisions:
(1) The contractor must maintain all records and provide all reporting as required by this
Agreement.
(2) The contractor must defend, indemnify, and save harmless the County from all claims,
suits, demands, damages, judgments, costs, interest, and expenses arising out of or by
reason of the performance of the contracted work, caused in whole or in part by any
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negligent act or omission of the contractor, including negligent acts or omissions of its
employees, subcontractors, or anyone for whose acts any of them may be liable.
(3) The contractor must provide and maintain insurance through the term of this Agreement
in amounts and types of coverage as set forth in the Insurance Terms, which is attached
an Incorporated as Exhibit E, and provide to the County, prior to commencement of the
contracted work, a certificate of insurance evidencing such insurance coverage.
(4) The contractor must be an independent contractor for the purposes of completing the
contracted work.
(5) The contractor must acknowledge that the contract between the Grantee and the
contractor does not create any contractual relationship between County and the
contractor.
(6) The contractor shall perform and complete the activities in full compliance with this
Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued
by any federal, state, or local political subdivisions having jurisdiction over the activities.
B. Amendments. Any amendment to this Agreement must be in writing and executed by the County
and the Grantee.
C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in
a waiver of the right to enforce the same or another provision of this Agreement.
D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements
between the County and the Grantee. No other understanding regarding this Agreement, whether
written or oral may be used to bind either party.
10. Audit. The Grantee shall maintain books, records, documents and other evidence pertaining to the
costs or expenses associated with the work performed pursuant to this Agreement. Upon request the
Grantee shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or
abstract all of the books, records, papers or other documents relevant to this Agreement. The Grantee
shall use generally accepted accounting principles in the maintenance of such books and records, and
shall retain all of such books, records, documents and other evidence for a period of six (6) years from
the date of the completion of the activities funded by this Agreement.
11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed
as creating or establishing the relationship of co-partners or joint ventures between the County and the
Grantee, nor shall the County be considered or deemed to be an agent, representative or employee of
the Grantee in the performance of this Agreement. Personnel of the Grantee or other persons while
engaging in the performance of this Agreement shall not be considered employees of the County and
shall not be entitled to any compensation, rights or benefits of any kind whatsoever.
12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its
breach, must be with the appropriate state court with competent jurisdiction in Dakota County.
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13. Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to
nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against
any employee, applicant for employment, or participant in this Agreement because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, membership or
activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take
action to ensure that applicants and employees are treated equally with respect to all aspects of
employment, including selection for training, rates of pay, and other forms of compensation.
14. Compliance with the Law. The Grantee agrees to conduct its work under this Agreement in
compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations.
The Grantee is responsible for obtaining and complying with all federal, state, or local permits, licenses,
and authorizations necessary for performing the work.
15. Default and Remedies.
A. Events of Default. The following shall, unless waived in writing by the County, constitute an event
of default under this Agreement: If the Grantee fails to fully comply with any material provision,
term, or condition contained in this Agreement.
B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Grantee
written notice of an event of default, the Grantee shall have thirty (30) calendar days in which to
cure such event of default, or such longer period of time as may be reasonably necessary so long
as the Grantee is using its best efforts to cure and is making reasonable progress in curing such
events of default (the “Cure Period”). In no event shall the Cure Period for any event of default
exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default,
the Grantee shall propose in writing the actions that the Grantee proposes to take and the schedule
required to cure the event of default.
C. Remedies. Upon the Grantee’s failure to cure an event of default within the Cure Period, the
County may enforce any or all of the following remedies, as applicable:
(1) The County may refrain from disbursing the grant monies; provided, however, the
County may make such a disbursement after the occurrence of an event of default
without thereby waiving its rights and remedies hereunder.
(2) The County may enforce any additional remedies it may have in law or equity.
(3) The County may terminate this Agreement and its obligation to provide funds under this
Agreement for cause by providing thirty (30) days’ written notice to the Grantee. Such
notice to terminate for cause shall specify the circumstances warranting termination of
the Agreement. Cause shall be a material breach of this Agreement and any
supplemental agreement or modification to this Agreement or an event of default. Notice
of Termination shall be made by certified mail or personal delivery to the Authorized
Representative of the other Party. For purposes of termination and default, all days are
calendar days.
16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated immediately by the County in the event sufficient funds from the County, State, or
Federal sources are not appropriated, obtained and continued at least at the level relied on for the
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funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on
the part of the County.
17. Ownership of Materials and Intellectual Property Rights.
A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the
materials conceived or created by the Grantee, or its employees or sub-grantees, and which arise
out of the performance of this Agreement, including any inventions, reports, studies, designs,
drawings, specifications, notes, documents, software and documentation, computer-based training
modules, electronically, magnetically or digitally recorded material, and other work in whatever form
(Materials) to the Grantee.
B. The Grantee represents and warrants that Materials produced or used under this Agreement do not
and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this
Agreement to the contrary, Grantee shall indemnify and defend the County, at its expense, from
any action or claim brought against the County to the extent that it is based on a claim that all or
parts of the Materials infringe upon the intellectual property rights of another.
The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies
that the Authority would otherwise possess.
18. Firearms Prohibited
Unless specifically required by the terms of this Agreement, no provider of services pursuant to this
Agreement, including but not limited to employees, agents or subcontractors of Grantee shall carry or
possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this
Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of
this Agreement at the sole discretion of the County.
19. Compliance with DNR requirements
19.1 Prior to conducting authorized watercraft inspections at water accesses, Grantee must be a
local government unit and execute a Delegation Agreement with the Minnesota Department of
Natural Resources (DNR).
19.2 Grantee must obtain a permit from the DNR prior to conducting invasive aquatic plant
management activities.
20. Severability.
Every section, provision or part of this Agreement is declared severable from every other section,
provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be
held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or
part thereof.
21. Survival of terms
The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7.
Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and
Venue.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized to
execute this contract on behalf of Dakota County.)
By: _____________________________________
Georg T. Fischer, Director
Environmental Resources Department
Date of signature:__________________________
APPROVED AS TO FORM:
/s/Helen R. Brosnahan 5/10/17
Assistant County Attorney Date
Attorney File No. KS-17-216-003
FOR THE GRANTEE
(I represent and warrant that I am authorized by
law to execute this contract and legally bind the
Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
Dakota County Contract C0029132
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AQUATIC INVASIVE SPECIES AID
GRANT AGREEMENT
This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting
through its Environmental Resources Department (County) and the City of Lakeville (Grantee).
Recitals
WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement;
WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive
Species Prevention Aid;
WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs
to manage and prevent the growth of aquatic invasive species with local units of government, soil and water
conservation districts, watershed districts, or lake associations, in the county;
WHEREAS, curlyleaf pondweed exists within Marion and Orchard Lakes in Dakota County and the City of
Lakeville has proposed control via herbicide treatment (Services).
WHEREAS, the Grantee agrees to perform all Services described in this Agreement to the satisfaction of the
County;
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and
covenants contained in this Agreement, the County and the Grantee agree as follows:
AGREEMENT
1. Parties: The parties to this Agreement are the County and Grantee, collectively referred to as the
“Parties”.
2. Effective Date and Term: Notwithstanding the dates of signatures of the Parties to this Agreement, the
effective date of this Agreement is from April 1, 2017 through December 31, 2017, or until completion
by the Parties of their respective obligations under this Agreement, whichever occurs first, unless
earlier terminated by law or according to the provisions of this Agreement.
3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City
of Lakeville for Aquatic Invasive Species prevention activities.
4. Grantee Obligations
A. Grantee shall provide the following services (Services), described as herbicide treatment of
curlyleaf pondweed within Marion and Orchard Lakes and more specifically in accordance with
Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species Grant
Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the
Grantee’s Proposal, attached hereto and incorporated by reference herein as Exhibit C. If there
are any inconsistencies between this Agreement and Exhibits A or B, the priority of documents
shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit
Dakota County Contract C0029132
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A); 3) the County’s Aquatic Invasive Species Grant Program (Exhibit B); 4) the Grantee’s
Proposal (Exhibit C).
B. Publicity: Grantee shall acknowledge funding provided by the County in any promotional
materials, signage, reports, publications, notices, or presentations related to activities conducted
under this Agreement. This section shall survive the expiration or termination of this Agreement.
5. Reimbursement.
The Grantee may claim reimbursement for expenditures incurred in connection with the performance of
activities that are eligible for reimbursement in accordance with this Agreement. No reimbursements will
be made for any expenditures incurred prior to the effective date of this Agreement.
The County will reimburse the Grantee within 45 calendar days of Grantee’s submission of invoices to
the County. Invoices must be submitted in the form acceptable to the County. All requests for
reimbursement must be submitted by December 15, 2017. The Grantee must certify that the requested
reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic
Invasive Species Plan attached hereto and incorporated by reference to this Agreement as Exhibit A,
that Grantee has documentation of the actual expenditures for which reimbursement is sought, and that
such expenditures have not been otherwise reimbursed.
Grantee understands and agrees that payments by the County to Grantee under this Agreement are
dependent upon payments to the County from the State, through the Department of Revenue. The
Parties agree that payment to the County from the State is a condition precedent of this Agreement and
if payment from the State is not obtained or continued or is decreased by any amount the County may
reduce or terminate this Agreement by giving Grantee 30 days’ notice. If the Agreement is terminated
due to lack of funding from the State, Grantee shall only be entitled to the actual cost of Services
rendered up to the date of termination. If payment from the State to the County is decreased, the
Parties may negotiate a decrease in the amount of Services provided in the Agreement. The Grantee
agrees that the County’s decision not to terminate shall be sufficient consideration for any modification
of the Agreement.
6. Authorized Representatives: The following named persons are designated as the Authorized
Representatives of the Parties for purposes of this Agreement. These persons have authority to bind
the party they represent and to consent to modifications, except that the Authorized Representatives
shall have only the authority specifically granted by their respective governing boards. Notice required
to be provided pursuant this Agreement shall be provided to the following named persons and
addresses unless otherwise stated in this Agreement, or in a modification to this Agreement.
The County’s Authorized Representative is:
Georg T. Fischer or successor, Director
Environmental Resources Department
14955 Galaxie Avenue
Apple Valley MN 55124
Telephone: 952-891-7554
Email: Georg.fischer@co.dakota.mn.us
The Grantee’s Authorized Representative is:
Douglas P. Anderson, Mayor
Lakeville City Hall
20195 Holyoke Avenue
Lakeville MN 55044
Telephone: 952-985-4410
Email: danderson@lakevillemn.gov
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In addition, notification to the County or the Grantee regarding termination of this Agreement by the
other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway
55, Hastings, MN 55033.
The Parties shall provide written notification to each other of any change to the Authorized
Representative. Such written notification shall be effective to change the designated liaison under this
Agreement, without necessitating an amendment of this Agreement.
7. Indemnification and Insurance:
Each party to this Agreement shall be liable for the acts or omissions of its officers, directors,
employees or agents and the results thereof to the fullest extent authorized by law and shall not be
responsible for the acts of the other party, its officers, directors, employees or agents. It is understood
and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other
applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or
actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a
claimant to obtain separate judgments or separate liability caps from the individual parties. In order to
insure a unified defense against any third-party liability claims arising from work of the Project, Grantee
agrees to require all contractors or subcontractors hired to do any work on the Project to maintain
commercial general liability insurance in the amounts consistent with the minimum limits of coverage
established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are
able to comply with the indemnity requirements through an insurance company, the League of
Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any
purpose by the activities of the Grantee because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as Federal regulations on data privacy,
including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it
applies. The Grantee agrees to abide by these statutes, rules and regulations and as the same may be
amended from time to time.
9. Assignment, Amendments, Waiver and Complete Agreement.
A. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this
Agreement without the prior consent of the County and a fully executed assignment agreement,
executed by the County and the Grantee.
1. Use of Contractors. The Grantee may engage contractors to perform activities funded
pursuant to this Agreement. However, the Grantee retains primary responsibility to the County
for performance of the activities and the use of such contractors does not relieve the Grantee
from any of its obligations under this Agreement.
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If the Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the
contract for such services shall include the following provisions:
(1) The contractor must maintain all records and provide all reporting as required by this
Agreement.
(2) The contractor must defend, indemnify, and save harmless the County from all claims,
suits, demands, damages, judgments, costs, interest, and expenses arising out of or by
reason of the performance of the contracted work, caused in whole or in part by any
negligent act or omission of the contractor, including negligent acts or omissions of its
employees, subcontractors, or anyone for whose acts any of them may be liable.
(3) The contractor must provide and maintain insurance through the term of this Agreement
in amounts and types of coverage as set forth in the Insurance Terms, which is attached
an Incorporated as Exhibit E, and provide to the County, prior to commencement of the
contracted work, a certificate of insurance evidencing such insurance coverage.
(4) The contractor must be an independent contractor for the purposes of completing the
contracted work.
(5) The contractor must acknowledge that the contract between the Grantee and the
contractor does not create any contractual relationship between County and the
contractor.
(6) The contractor shall perform and complete the activities in full compliance with this
Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued
by any federal, state, or local political subdivisions having jurisdiction over the activities.
B. Amendments. Any amendment to this Agreement must be in writing and executed by the County
and the Grantee.
C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in
a waiver of the right to enforce the same or another provision of this Agreement.
D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements
between the County and the Grantee. No other understanding regarding this Agreement, whether
written or oral may be used to bind either party.
10. Audit. The Grantee shall maintain books, records, documents and other evidence pertaining to the
costs or expenses associated with the work performed pursuant to this Agreement. Upon request the
Grantee shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or
abstract all of the books, records, papers or other documents relevant to this Agreement. The Grantee
shall use generally accepted accounting principles in the maintenance of such books and records, and
shall retain all of such books, records, documents and other evidence for a period of six (6) years from
the date of the completion of the activities funded by this Agreement.
11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed
as creating or establishing the relationship of co-partners or joint ventures between the County and the
Grantee, nor shall the County be considered or deemed to be an agent, representative or employee of
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the Grantee in the performance of this Agreement. Personnel of the Grantee or other persons while
engaging in the performance of this Agreement shall not be considered employees of the County and
shall not be entitled to any compensation, rights or benefits of any kind whatsoever.
12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its
breach, must be with the appropriate state court with competent jurisdiction in Dakota County.
13. Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to
nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against
any employee, applicant for employment, or participant in this Agreement because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, membership or
activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take
action to ensure that applicants and employees are treated equally with respect to all aspects of
employment, including selection for training, rates of pay, and other forms of compensation.
14. Compliance with the Law. The Grantee agrees to conduct its work under this Agreement in
compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations.
The Grantee is responsible for obtaining and complying with all federal, state, or local permits, licenses,
and authorizations necessary for performing the work.
15. Default and Remedies.
A. Events of Default. The following shall, unless waived in writing by the County, constitute an event
of default under this Agreement: If the Grantee fails to fully comply with any material provision,
term, or condition contained in this Agreement.
B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Grantee
written notice of an event of default, the Grantee shall have thirty (30) calendar days in which to
cure such event of default, or such longer period of time as may be reasonably necessary so long
as the Grantee is using its best efforts to cure and is making reasonable progress in curing such
events of default (the “Cure Period”). In no event shall the Cure Period for any event of default
exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default,
the Grantee shall propose in writing the actions that the Grantee proposes to take and the schedule
required to cure the event of default.
C. Remedies. Upon the Grantee’s failure to cure an event of default within the Cure Period, the
County may enforce any or all of the following remedies, as applicable:
(1) The County may refrain from disbursing the grant monies; provided, however, the
County may make such a disbursement after the occurrence of an event of default
without thereby waiving its rights and remedies hereunder.
(2) The County may enforce any additional remedies it may have in law or equity.
(3) The County may terminate this Agreement and its obligation to provide funds under this
Agreement for cause by providing thirty (30) days’ written notice to the Grantee. Such
notice to terminate for cause shall specify the circumstances warranting termination of
the Agreement. Cause shall be a material breach of this Agreement and any
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supplemental agreement or modification to this Agreement or an event of default. Notice
of Termination shall be made by certified mail or personal delivery to the Authorized
Representative of the other Party. For purposes of termination and default, all days are
calendar days.
16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated immediately by the County in the event sufficient funds from the County, State, or
Federal sources are not appropriated, obtained and continued at least at the level relied on for the
funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on
the part of the County.
17. Ownership of Materials and Intellectual Property Rights.
A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the
materials conceived or created by the Grantee, or its employees or sub-grantees, and which arise
out of the performance of this Agreement, including any inventions, reports, studies, designs,
drawings, specifications, notes, documents, software and documentation, computer-based training
modules, electronically, magnetically or digitally recorded material, and other work in whatever form
(Materials) to the Grantee.
B. The Grantee represents and warrants that Materials produced or used under this Agreement do not
and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this
Agreement to the contrary, Grantee shall indemnify and defend the County, at its expense, from
any action or claim brought against the County to the extent that it is based on a claim that all or
parts of the Materials infringe upon the intellectual property rights of another.
The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies
that the Authority would otherwise possess.
18. Firearms Prohibited
Unless specifically required by the terms of this Agreement, no provider of services pursuant to this
Agreement, including but not limited to employees, agents or subcontractors of Grantee shall carry or
possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this
Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of
this Agreement at the sole discretion of the County.
19. Compliance with DNR requirements
19.1 Prior to conducting authorized watercraft inspections at water accesses, Grantee must be a
local government unit and execute a Delegation Agreement with the Minnesota Department of
Natural Resources (DNR).
19.2 Grantee must obtain a permit from the DNR prior to conducting invasive aquatic plant
management activities.
Dakota County Contract C0029132
7 | Page
20. Severability.
Every section, provision or part of this Agreement is declared severable from every other section,
provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be
held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or
part thereof.
21. Survival of terms
The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7.
Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and
Venue.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized to
execute this contract on behalf of Dakota County.)
By: _____________________________________
Georg T. Fischer, Director
Environmental Resources Department
Date of signature:__________________________
APPROVED AS TO FORM:
/s/Helen R. Brosnahan 5/11/17
Assistant County Attorney Date
Attorney File No. KS-17-216-004
FOR THE GRANTEE
(I represent and warrant that I am authorized by
law to execute this contract and legally bind the
Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
Dakota County Contract C0029144
1 | Page
AQUATIC INVASIVE SPECIES AID
GRANT AGREEMENT
This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting
through its Environmental Resources Department (County) and the City of Lakeville (Grantee).
Recitals
WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement;
WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive
Species Prevention Aid;
WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs
to manage and prevent the growth of aquatic invasive species with local units of government, soil and water
conservation districts, watershed districts, or lake associations, in the county;
WHEREAS, aquatic invasive species exist within Marion and Orchard Lakes in Dakota County and the City of
Lakeville has proposed aquatic invasive species surveys and establishment of an early detection and rapid
response plan (Services).
WHEREAS, the Grantee agrees to perform all Services described in this Agreement to the satisfaction of the
County;
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and
covenants contained in this Agreement, the County and the Grantee agree as follows:
AGREEMENT
1. Parties: The parties to this Agreement are the County and Grantee, collectively referred to as the
“Parties”.
2. Effective Date and Term: Notwithstanding the dates of signatures of the Parties to this Agreement, the
effective date of this Agreement is from April 1, 2017 through December 31, 2017, or until completion
by the Parties of their respective obligations under this Agreement, whichever occurs first, unless
earlier terminated by law or according to the provisions of this Agreement.
3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City
of Lakeville for Aquatic Invasive Species prevention activities.
4. Grantee Obligations
A. Grantee shall provide the following services (Services), described as: aquatic invasive species
surveys and establishment of an early detection and rapid response plan for Marion and
Orchard Lakes and more specifically in accordance with Dakota County’s Aquatic Invasive
Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto and
incorporated by reference herein as Exhibits A and B, and the Grantee’s Proposal, attached
Dakota County Contract C0029144
2 | Page
hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies
between this Agreement and Exhibits A or B, the priority of documents shall be as follows: 1)
this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s
Aquatic Invasive Species Grant Program (Exhibit B); 4) the Grantee’s Proposal (Exhibit C).
B. Publicity: Grantee shall acknowledge funding provided by the County in any promotional
materials, signage, reports, publications, notices, or presentations related to activities conducted
under this Agreement. This section shall survive the expiration or termination of this Agreement.
5. Reimbursement.
The Grantee may claim reimbursement for expenditures incurred in connection with the performance of
activities that are eligible for reimbursement in accordance with this Agreement. No reimbursements will
be made for expenditures incurred prior to the effective date of this Agreement.
The County will reimburse the Grantee within 45 calendar days of Grantee’s submission of invoices to
the County. Invoices must be submitted in the form acceptable to the County. All requests for
reimbursement must be submitted by December 15, 2017. The Grantee must certify that the requested
reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic
Invasive Species Plan attached hereto and incorporated by reference to this Agreement as Exhibit A,
that Grantee has documentation of the actual expenditures for which reimbursement is sought, and that
such expenditures have not been otherwise reimbursed.
Grantee understands and agrees that payments by the County to Grantee under this Agreement are
dependent upon payments to the County from the State, through the Department of Revenue. The
Parties agree that payment to the County from the State is a condition precedent of this Agreement and
if payment from the State is not obtained or continued or is decreased by any amount the County may
reduce or terminate this Agreement by giving Grantee 30 days’ notice. If the Agreement is terminated
due to lack of funding from the State, Grantee shall only be entitled to the actual cost of Services
rendered up to the date of termination. If payment from the State to the County is decreased, the
Parties may negotiate a decrease in the amount of Services provided in the Agreement. The Grantee
agrees that the County’s decision not to terminate shall be sufficient consideration for any modification
of the Agreement.
6. Authorized Representatives: The following named persons are designated as the Authorized
Representatives of the Parties for purposes of this Agreement. These persons have authority to bind
the party they represent and to consent to modifications, except that the Authorized Representatives
shall have only the authority specifically granted by their respective governing boards. Notice required
to be provided pursuant this Agreement shall be provided to the following named persons and
addresses unless otherwise stated in this Agreement, or in a modification to this Agreement.
Dakota County Contract C0029144
3 | Page
The County’s Authorized Representative is:
Georg T. Fischer or successor, Director
Environmental Resources Department
14955 Galaxie Avenue
Apple Valley MN 55124
Telephone: 952-891-7554
Email: Georg.fischer@co.dakota.mn.us
The Grantee’s Authorized Representative is:
Douglas P. Anderson, Mayor
Lakeville City Hall
20195 Holyoke Avenue
Lakeville MN 55044
Telephone: 952-985-4410
Email: danderson@lakevillemn.gov
In addition, notification to the County or the Grantee regarding termination of this Agreement by the
other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway
55, Hastings, MN 55033.
The Parties shall provide written notification to each other of any change to the Authorized
Representative. Such written notification shall be effective to change the designated liaison under this
Agreement, without necessitating an amendment of this Agreement.
7. Indemnification and Insurance:
Each party to this Agreement shall be liable for the acts or omissions of its officers, directors,
employees or agents and the results thereof to the fullest extent authorized by law and shall not be
responsible for the acts of the other party, its officers, directors, employees or agents. It is understood
and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other
applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or
actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a
claimant to obtain separate judgments or separate liability caps from the individual parties. In order to
insure a unified defense against any third-party liability claims arising from work of the Project, Grantee
agrees to require all contractors or subcontractors hired to do any work on the Project to maintain
commercial general liability insurance in the amounts consistent with the minimum limits of coverage
established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are
able to comply with the indemnity requirements through an insurance company, the League of
Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any
purpose by the activities of the Grantee because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as Federal regulations on data privacy,
including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it
applies. The Grantee agrees to abide by these statutes, rules and regulations and as the same may be
amended from time to time.
9. Assignment, Amendments, Waiver and Complete Agreement.
A. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this
Agreement without the prior consent of the County and a fully executed assignment agreement,
executed by the County and the Grantee.
Dakota County Contract C0029144
4 | Page
B. Use of Contractors. The Grantee may engage contractors to perform activities funded
pursuant to this Agreement. However, the Grantee retains primary responsibility to the County
for performance of the activities and the use of such contractors does not relieve the Grantee
from any of its obligations under this Agreement.
If the Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the
contract for such services shall include the following provisions:
(1) The contractor must maintain all records and provide all reporting as required by this
Agreement.
(2) The contractor must defend, indemnify, and save harmless the County from all claims,
suits, demands, damages, judgments, costs, interest, and expenses arising out of or by
reason of the performance of the contracted work, caused in whole or in part by any
negligent act or omission of the contractor, including negligent acts or omissions of its
employees, subcontractors, or anyone for whose acts any of them may be liable.
(3) The contractor must provide and maintain insurance through the term of this Agreement
in amounts and types of coverage as set forth in the Insurance Terms, which is attached
an Incorporated as Exhibit E, and provide to the County, prior to commencement of the
contracted work, a certificate of insurance evidencing such insurance coverage.
(4) The contractor must be an independent contractor for the purposes of completing the
contracted work.
(5) The contractor must acknowledge that the contract between the Grantee and the
contractor does not create any contractual relationship between County and the
contractor.
(6) The contractor shall perform and complete the activities in full compliance with this
Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued
by any federal, state, or local political subdivisions having jurisdiction over the activities.
C. Amendments. Any amendment to this Agreement must be in writing and executed by the County
and the Grantee.
D. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in
a waiver of the right to enforce the same or another provision of this Agreement.
E. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements
between the County and the Grantee. No other understanding regarding this Agreement, whether
written or oral may be used to bind either party.
10. Audit. The Grantee shall maintain books, records, documents and other evidence pertaining to the
costs or expenses associated with the work performed pursuant to this Agreement. Upon request the
Grantee shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or
abstract all of the books, records, papers or other documents relevant to this Agreement. The Grantee
shall use generally accepted accounting principles in the maintenance of such books and records, and
Dakota County Contract C0029144
5 | Page
shall retain all of such books, records, documents and other evidence for a period of six (6) years from
the date of the completion of the activities funded by this Agreement.
11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed
as creating or establishing the relationship of co-partners or joint ventures between the County and the
Grantee, nor shall the County be considered or deemed to be an agent, representative or employee of
the Grantee in the performance of this Agreement. Personnel of the Grantee or other persons while
engaging in the performance of this Agreement shall not be considered employees of the County and
shall not be entitled to any compensation, rights or benefits of any kind whatsoever.
12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its
breach, must be with the appropriate state court with competent jurisdiction in Dakota County.
13. Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to
nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against
any employee, applicant for employment, or participant in this Agreement because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, membership or
activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take
action to ensure that applicants and employees are treated equally with respect to all aspects of
employment, including selection for training, rates of pay, and other forms of compensation.
14. Compliance with the Law. The Grantee agrees to conduct its work under this Agreement in
compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations.
The Grantee is responsible for obtaining and complying with all federal, state, or local permits, licenses,
and authorizations necessary for performing the work.
15. Default and Remedies.
A. Events of Default. The following shall, unless waived in writing by the County, constitute an event
of default under this Agreement: If the Grantee fails to fully comply with any material provision,
term, or condition contained in this Agreement.
B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Grantee
written notice of an event of default, the Grantee shall have thirty (30) calendar days in which to
cure such event of default, or such longer period of time as may be reasonably necessary so long
as the Grantee is using its best efforts to cure and is making reasonable progress in curing such
events of default (the “Cure Period”). In no event shall the Cure Period for any event of default
exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default,
the Grantee shall propose in writing the actions that the Grantee proposes to take and the schedule
required to cure the event of default.
C. Remedies. Upon the Grantee’s failure to cure an event of default within the Cure Period, the
County may enforce any or all of the following remedies, as applicable:
(1) The County may refrain from disbursing the grant monies; provided, however, the
County may make such a disbursement after the occurrence of an event of default
without thereby waiving its rights and remedies hereunder.
Dakota County Contract C0029144
6 | Page
(2) The County may enforce any additional remedies it may have in law or equity.
(3) The County may terminate this Agreement and its obligation to provide funds under this
Agreement for cause by providing thirty (30) days’ written notice to the Grantee. Such
notice to terminate for cause shall specify the circumstances warranting termination of
the Agreement. Cause shall be a material breach of this Agreement and any
supplemental agreement or modification to this Agreement or an event of default. Notice
of Termination shall be made by certified mail or personal delivery to the Authorized
Representative of the other Party. For purposes of termination and default, all days are
calendar days.
16. Non-Appropriation.
Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated
immediately by the County in the event sufficient funds from the County, State, or Federal sources are
not appropriated, obtained and continued at least at the level relied on for the funding of this
Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the
County.
17. Ownership of Materials and Intellectual Property Rights.
A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the
materials conceived or created by the Grantee, or its employees or sub-grantees, and which arise
out of the performance of this Agreement, including any inventions, reports, studies, designs,
drawings, specifications, notes, documents, software and documentation, computer-based training
modules, electronically, magnetically or digitally recorded material, and other work in whatever form
(Materials) to the Grantee.
B. The Grantee represents and warrants that Materials produced or used under this Agreement do not
and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this
Agreement to the contrary, Grantee shall indemnify and defend the County, at its expense, from
any action or claim brought against the County to the extent that it is based on a claim that all or
parts of the Materials infringe upon the intellectual property rights of another.
The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies
that the Authority would otherwise possess.
18. Firearms Prohibited
Unless specifically required by the terms of this Agreement, no provider of services pursuant to this
Agreement, including but not limited to employees, agents or subcontractors of Grantee shall carry or
possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this
Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of
this Agreement at the sole discretion of the County.
19. Compliance with DNR requirements
19.1 Prior to conducting authorized watercraft inspections at water accesses, Grantee must be a
local government unit and execute a Delegation Agreement with the Minnesota Department of
Natural Resources (DNR).
Dakota County Contract C0029144
7 | Page
19.2 Grantee must obtain a permit from the DNR prior to conducting invasive aquatic plant
management activities.
20. Severability.
Every section, provision or part of this Agreement is declared severable from every other section,
provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be
held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or
part thereof.
21. Survival of terms
The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7.
Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and
Venue.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized to
execute this contract on behalf of Dakota County.)
By: _____________________________________
Georg T. Fischer, Director
Environmental Resources Department
Date of signature:__________________________
APPROVED AS FORM:
/s/Helen R. Brosnahan 5/15/17
Assistant County Attorney Date
Attorney File No. KS-7-216-005
FOR THE GRANTEE
(I represent and warrant that I am authorized by
law to execute this contract and legally bind the
Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
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Dakota County
Aquatic Invasive Species Plan
2017 - 2020
Photos of AIS found in Dakota County in 2016 (clockwise from top right): MN DNR (zebra mussels), Kayla Horan (rusty crayfish – Vermillion River), MN DNR (curlyleaf
pondweed), MN DNR (flowering rush), Blue Water Science (Eurasian watermilfoil – Schulze Lake), MAISRC (common carp)
Contents
Aquatic Invasive Species (AIS) Advisory Committee ...................................................................................... i
Acronyms ....................................................................................................................................................... i
Introduction .................................................................................................................................................. 1
Dakota County Profile ............................................................................................................................... 3
What are Aquatic Invasive Species ........................................................................................................... 3
Pathways of Introduction and Spread ...................................................................................................... 4
Laws and Regulations ................................................................................................................................ 4
AIS Best Management Practices ............................................................................................................... 5
Reporting AIS ............................................................................................................................................ 6
Local AIS Prevention Aid Program ............................................................................................................ 7
Plan Purpose and Program History ............................................................................................................... 9
Adaptive Management ............................................................................................................................. 9
AIS Program Development ........................................................................................................................ 9
Inventory and Assessment .......................................................................................................................... 13
AIS Infestations in Minnesota ................................................................................................................. 13
Current AIS Research in Minnesota ........................................................................................................ 13
AIS Infestations in Dakota County .......................................................................................................... 15
Coordinating AIS efforts in Dakota County ............................................................................................. 17
Implementation Plan .................................................................................................................................. 18
Prevention ............................................................................................................................................... 18
Watercraft Inspections ....................................................................................................................... 18
Lake Service Provider Certification ..................................................................................................... 19
Alternative Pathways Assessment ...................................................................................................... 19
Early Detection ........................................................................................................................................ 19
Monitoring and Assessments .............................................................................................................. 20
Lake Byllesby Assessments ................................................................................................................. 21
Volunteer Monitoring Network .......................................................................................................... 21
Rapid Response ....................................................................................................................................... 21
Rapid Response Contingency Fund ..................................................................................................... 22
Rapid Response Plan ........................................................................................................................... 22
Outreach and Education ......................................................................................................................... 22
Outreach Materials ............................................................................................................................. 23
Youth Outreach Programs................................................................................................................... 23
Wetland Health Evaluation Program .................................................................................................. 23
Grant Program ........................................................................................................................................ 24
Appendix ..................................................................................................................................................... 25
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Aquatic Invasive Species (AIS) Advisory Committee
Michael Rutten – Dakota County Water Resources, AIS Program Lead
Brad Becker – Dakota County Water Resources
Michael Behan – Dakota County Water Resources
Paula Liepold – Vermillion River Watershed Joint Powers Organization
Terry Vikla – Dakota County Operations Management – Parks
Lindsey Albright – Dakota County Soil and Water Conservation District
Acronyms
AIS – Aquatic Invasive Species
Committee – Dakota County AIS Advisory Committee
DCSWCD – Dakota County Soil and Water Conservation District
Extension – University of Minnesota – Extension
LGU – Local Government Unit
MN DNR – Minnesota Department of Natural Resources
VRWJPO – Vermillion River Watershed Joint Powers Organization
WMO – Watershed Management Organization
Dakota County Aquatic Invasive Species Plan: 2017-2020
Adopted by the Dakota County Board of Commissioners on 4/18/2017
Plan prepared for the Dakota County Environmental Resources Department
by the Dakota County Soil and Water Conservation District
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Introduction
Since the early 2000s, the introduction and spread of aquatic invasive species (AIS) has occurred at an
alarming rate throughout Minnesota and continues to be a growing concern across the state. Residents
in Dakota County are not immune to these concerns. The county is bisected by the Vermillion River
(Figure 1), many lakes and wetlands pocket suburban neighborhoods, and three major rivers define all
or portions of the County’s northern, eastern, and southern borders (the Minnesota, Mississippi, and
Cannon Rivers, respectively).
The introduction of these non-native species (fish, plant, and invertebrate), unhindered by natural
predators or disease, can cause quick, permanent, and detrimental alterations to a stream or lake
ecosystem. As a result, these changes can have a negative impact on the recreational suitability of the
stream or lake, which in turn, can impact the economic viability of the local community. AIS have already
been detected in numerous Dakota County lakes, as well as the Vermillion (including its tributaries),
Cannon, and Mississippi Rivers. There are also a number of invasive species, not currently found in
Minnesota, that have the potential to negatively impact the health of waters in Dakota County as well.
The Dakota County Aquatic Invasive Species Plan serves as a guide for the use of funding provided
annually to Dakota County through the Minnesota Department of Natural Resources’ (MN DNR) Local
AIS Prevention Aid program. The plan outlines the strategies utilized by Dakota County to help prevent
the continued spread of AIS within the county and greater Minnesota. Through this program, Dakota
County aims to support existing monitoring and implementation efforts by local government units
(LGUs) and non-profit organizations (as well as conduct monitoring on waterbodies not currently
monitored by LGUs), to assess AIS suitability within the County parks system (particularly Lake Byllesby),
and to promote County-wide outreach efforts.
The AIS program is overseen by the Dakota County Environmental Resources Department. In 2015, the
Dakota County AIS Advisory Committee (Committee) was formed to provide ongoing management,
oversight, and implementation of programs supported by AIS Prevention Aid funding. The Committee
consists of Dakota County and Dakota County Soil and Water Conservation District (DCSWCD) staff
members, with additional input from a broad range of stakeholders.
The Dakota County AIS Advisory Committee works closely with local, state and federal governments, as
well as nonprofit and private organizations operating in Dakota County, to develop and implement AIS
prevention programs. Organizations and interested citizens assist the AIS Advisory Committee to better
prioritize resources and develop workable strategies to prevent the spread of AIS into local waters. The
Dakota County AIS Plan involves continued engagement with stakeholders by developing and
coordinating outreach tools, providing training opportunities, and implementing strategies that adhere
to the best management practices for increasing AIS awareness, monitoring, and management.
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Figure 1. Dakota County Aquatic Invasive Species Infested Waters
**For more information
about the specific AIS found
in local waterbodies, refer to
Tables 4 and 5 on pages 15
and 16 of this plan
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Dakota County Profile
Dakota County is 587 square miles in area and has a population of approximately 400,000. Situated in
the southeast corner of the Twin Cities Metropolitan area, Dakota County is the third most populous
county in the state of Minnesota. Founded in 1849, Dakota County was one of the original nine counties
created by the Minnesota Territory Legislature, thus, it was established before Minnesota was
considered a state. The County seat was first established in Kaposia in 1853, was moved to Mendota in
1854, and then moved again to Hastings in 1857, where it currently resides. Mendota, directly across
the river from Fort Snelling, became the first European settlement in Minnesota.
Dakota County features a land use ratio of approximately 1/3 urban, 1/3 suburban, and 1/3 rural. The
confluence of two major rivers (the Mississippi and Minnesota) that form the county's northern and
eastern borders further compliments Dakota County’s unique geography. The County’s development
and history have been greatly influenced by its proximity to these rivers. Between 1990 and 2000,
Dakota County's population grew by nearly 30 percent. Development has continued to move outwards
from the urban core of Minneapolis and St. Paul into suburban municipalities (Burnsville, Eagan, Inver
Grove Heights, Apple Valley, Farmington, Lakeville and Rosemount), which has resulted in the dramatic
increase in population in recent years.
What are Aquatic Invasive Species
According to the MN DNR, AIS are aquatic organisms that are non-native to Minnesota and cause harm
to both the economic prosperity and natural resources of a given community or waterbody, as well as
have potentially negative impacts on human health. Not all non-native species become ‘invasive’. Some
species fail to thrive in their new environment and naturally die off without harming the ecosystem.
Others survive, but are unable to outcompete the native species, thus they ultimately coexist without
destroying or displacing the native species.
Commonly found invasive aquatic plant species in Dakota County include curly-leaf pondweed, Eurasian
water milfoil, and purple loosestrife. Although less common, aquatic invasive invertebrates such as
zebra mussels, rusty crayfish, and Chinese mystery snail are also present within the County. The
introduction and subsequent spread of AIS typically results in habitat alteration, ecosystem degradation,
and a loss of bio-diversity due to intensified competition for resources. AIS typically have few natural
predators, are able to reproduce rapidly, and are more aggressive than native species (which ultimately
diminishes the success of native species). Along with negatively affecting aquatic wildlife, AIS have the
potential to impede recreational opportunities and disrupt industrial, municipal, and agricultural uses of
public waters.
AIS infestations often span geographic and jurisdictional boundaries; thus, it is critical to coordinate
management and prevention strategies across watershed and jurisdictional boundaries to slow the
spread of AIS.
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Pathways of Introduction and Spread
The means and routes by which species are introduced into new environments are called ‘pathways’ or
‘vectors’. Some species that become invasive are intentionally brought to an area for various uses, but
escape from captivity or are carelessly released into the environment. Other invasives are
unintentionally imported, arriving through livestock and produce, by transport equipment such as
packing material or in a ship’s ballast water, or attached to an engine or boat trailer when moving
between waterbodies.
Other pathways by which AIS can be introduced to an ecosystem include:
Docks and lifts (moved from an infested waterbody to an uninfested waterbody)
Water recreational equipment (i.e. water trampolines, rafts) and vehicles (i.e. tubes or jet skis)
Waterfowl hunters/angler gear (i.e. waders and boots)
Water gardens or shoreline restorations
Bait buckets
Wildlife
Although several attempts have made to eradicate AIS from an infested waterbody, it is typically
impractical to fully remove a population once it has been established. Working to prevent the
introduction and spread of invasive species is the most effective way of protecting healthy, non-infested
ecosystems.
Laws and Regulations
Current Minnesota state law prohibits the transportation of most aquatic plants. This law will not only
help prevent the spread of Eurasian watermilfoil and other aquatic plants, but it will also reduce the risk
of zebra mussels or other invasive animal species being transported while attached to aquatic plants. In
addition, it will reduce the inadvertent transport of other harmful plants into or within the state.
Under state law, it is unlawful to:
Transport aquatic plants, except as allowed in statutes
Transport zebra mussels and other prohibited species of animals
Place or attempt to place into waters of the state a boat, seaplane, or trailer that has aquatic
plants, zebra mussels, or other prohibited invasive species attached
Certain invasive species that can threaten natural resources and their use have been designated as
prohibited invasive species in Minnesota. According to the MN DNR, it is a misdemeanor to possess,
import, purchase, transport, or introduce these species except when under a permit for disposal,
control, research, or educational purposes. Some of the prohibited invasive species found in Dakota
County include Eurasian watermilfoil, curly-leaf pondweed, and purple loosestrife.
Other invasive species are considered regulated invasive species. It is legal to possess, sell, buy, and
transport regulated invasive species, but they may not be released or planted in public waters. Both the
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rusty crayfish and the common carp are examples of regulated invasive species found in Dakota County,
whereas other regulated species not currently found in Dakota County (as of 2017) include water
hyacinth and spiny waterflea.
A complete list of prohibited, regulated, and unregulated invasive species (both aquatic and terrestrial),
as well as information regarding the transport of water and regulated activities in infested waters, can
be found at www.dnr.state.mn.us/invasives/laws.html.
As of July 1, 2012, a boat lift, dock, swim raft, or associated equipment that has been removed from any
waterbody may not be placed in another waterbody until a minimum of 21 days have passed by.
Regulations relating to the transportation of water in boats and other water-related equipment by
boaters from all waters in the state include:
A person leaving waters of the state must drain all water from water-related equipment, including
bait containers, live wells, and bilges. They must also remove the drain plug before transporting
the watercraft and equipment from the water access or riparian property
Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast
tanks, bilges, and live wells must be removed or opened while transporting watercraft and water-
related equipment
Emergency response vehicles and equipment may be transported on a public road with the drain
plug or other similar device replaced only after all water has been drained from the equipment
upon leaving the waterbody
The following are exempt:
o Portable bait containers used by licensed aquatic farms
o Portable bait containers used when fishing through the ice, except on waters designated
infested for viral hemorrhagic septicemia (VHS)
o Marine sanitary systems
Businesses that are defined by Minnesota law as lake service providers need to have the owner or
manager attend aquatic invasive species training and apply for a lake service provider permit every
three years. Employees are also required to take an online training in order to be certified to work in
Minnesota waters. More information about the lake service provider training and permitting process
can be found at: http://www.dnr.state.mn.us/lsp/index.html.
AIS Best Management Practices
The MN DNR promotes several best practices that anyone can follow to help stop the spread of AIS:
Clean all aquatic plants, zebra mussels, and other invasive species from watercraft, trailers, and
water-related equipment before leaving any water access or shoreland
Drain water-related equipment (boat, ballast tanks, portable bait containers, motor) and drain
bilge, livewell and baitwell by removing drain plugs before leaving a water access or shoreline
property. Keep drain plugs out and water-draining devices open during transport
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Dispose of unwanted bait, including minnows, leeches, and worms, in the trash. Refill the bait
container with bottled or tap water if planning on keeping bait
Some invasive species are small and difficult to see at the access. In order to properly remove AIS from
your watercraft or other equipment, take one or more of the following precautions before moving to
another waterbody, especially after leaving zebra mussel and spiny waterflea infested waters:
Spray with high-pressure water
Rinse with very hot water (120°F for at least 2 minutes; or 140°F for at least 10 seconds to kill
zebra mussels)
Dry for at least 5 days
Reporting AIS
If you believe that you have found an invasive species in a local lake or river, please collect the following
information in order to complete the reporting process:
1. Map it - Note where you found the plant or animal (where on the lake, near which access or
road). Take GPS coordinates of the specimen if possible.
2. Take photos or make a collection - Take photos of the plants or animals. For plants, include
close-ups of the leaves, their attachment to the stem, and any flowering structures that might
be present. When making a collection of an aquatic plant:
a. Keep in a plastic bag with water
b. Label with specific location, date, your name
c. Refrigerate the sample
For animal specimens, focus on the top and sides of the specimen, making note of special
markings or coloration on the body.
3. Identification - use the following resources to try to identify the specimen:
a. DNR page on aquatic plants (native and non-native)
b. Aquatic invasive plants identification webpages
Potential new AIS findings are to be reported to the MN DNR using the new online reporting platform,
EDDMapS Midwest. The EDDMapS (Early Detection and Distribution Mapping) system is accessible
through the aforementioned website, but it also has an associated smartphone and tablet app to make
it easy to report locations of invasive species while out in the field.
All data submitted through EDDMapS is reviewed by state verifiers at the MN DNR to ensure the
accuracy of submissions. Once reviewed, infestation reports are freely available to scientists,
researchers, land managers, land owners, educators, conservationists, ecologists, farmers, foresters,
state and national parks.
EDDMapS combines data from other databases and organizations, as well as volunteer observations, to
create a national network of invasive species distribution data that is utilized by the MN DNR to track
the spread of AIS in Minnesota. For more information about AIS in your area or if you have questions
about the AIS reporting process, please contact a local DNR invasive species expert.
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Local AIS Prevention Aid Program
In 2014, the Minnesota state legislature passed a county aid tax bill (Chapter 308, HF3167: Omnibus tax
bill. Article 1: Property Tax Aids and Credits. Section 11) providing $10 million annually to Minnesota
counties to help prevent the spread of AIS. The distribution of funds is based on a calculation
considering each county's share of watercraft trailer launches and watercraft trailer parking spaces
(Figure 2). In July 2014, $4.5 million dollars was distributed to the 87 Minnesota counties. In 2015 and
thereafter, that value was increased to $10 million per annum. The statute does not require matching
funds, and while state statute allocates funding beyond 2014, funding beyond 2017 is not guaranteed at
this time. In accordance with the legislative directive (Minnesota State Statute 477A.19, Appendix D),
Dakota County received $58,052 in 2014, $129,004 in 2015, $128,471 in 2016, and is projected to
receive $121,690 in 2017.
Figure 2. Motorized boat launches in Dakota County
1. Lilydale Regional Park (Lilydale) 9. Spring Lake Regional Park (Nininger Township)
2. Minnesota River (Fort Snelling State Park) 10. Mississippi River south of Lock and Dam No. 2 (Hastings)
3. MN DNR boat launch (South St. Paul) 11. Lake Rebecca (Hastings)
4. Cedar Avenue Bridge/Blackdog Road (Burnsville) 12. Lake Isabelle (Hastings)
5. Fish Lake (Eagan) 13. Vermillion River (Ravenna Township Dushane’s Landing)
6. Crystal Lake (Burnsville) 14. Vermillion River (Ravenna Township)
7. Orchard Lake (Lakeville) 15. Lake Byllesby (Lake Byllesby Regional Park)
8. Lake Marion (Lakeville)
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Counties are required by statute to establish and submit guidelines, either by resolution or through the
adoption of a county plan, that detail how the Local AIS Prevention Aid funding will be used. Counties
must use the funds to prevent or limit the spread of AIS at all accesses within the county. Funds may be
appropriated directly or a portion of the funds can be directed towards LGUs, park districts, joint powers
boards, watershed districts and watershed management organizations (WMOs), as well as lake
associations and non-profit groups located in the County, to be used for AIS prevention.
Guidelines must be submitted to the MN DNR by December 31 each year that payments are received.
Each county is responsible for deciding on how to best use the funds while still abiding by all current
laws and regulations at the state level. More information about the Local AIS Prevention Aid Grant can
be found at: http://www.dnr.state.mn.us/invasives/ais/prevention.html.
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Plan Purpose and Program History
The purpose of the County’s AIS program is to prevent the introduction of new AIS, prevent further
spread of existing AIS, and reduce the potential for environmental and economic impact brought on by
AIS infestations. To this effect, in 2015 the Dakota County Board of Commissioners passed a resolution
(14-587) adopting the following guidelines for using the AIS Prevention Aid grant:
Prepare a comprehensive inventory of boat launches and waterbodies at risk
Undertake awareness campaigns
Develop early detection and response procedures
Manage existing populations of aquatic invasive species
Establish partnerships with local units of government, water management organizations, Soil
and Water Conservation District or lake associations
Adaptive Management
This plan is intended to serve as a working document to guide activities and the use of the Local AIS
Prevention Aid funds by Dakota County. The fluid nature of this plan is meant to provide a framework
from which to establish programs that can best deal with new infestations or promote new outreach
opportunities with community partners.
The management of AIS is a relatively new field in water resource management, particularly at the
County level, and with that, it must be taken into account that experience and new scientific research
must be incorporated into future actions in order to prevent and manage the presence of AIS. As such,
this plan will be reviewed by the Dakota County AIS Advisory Committee on a yearly basis; plan priorities
will be reviewed and any necessary amendments will be made at that time.
AIS Program Development
County staff determined that the first phase (2014 and 2015) of the AIS program would focus on
waterbodies that have motorized boat launches and associated parking lots. Once AIS program efforts
are established on waterbodies with motorized boat launches, a second phase (2015-2016) of AIS
programming occurred to incorporate AIS program elements on both smaller waterbodies and those
that do not have motorized boat launches and/or associated parking lots. Activities at motorized boat
launches tend to be the main spreading source for AIS, but because of the connectivity between
waterbodies (particularly within in Lebanon Hills Park), it was important to monitor the type and
distribution of AIS on those smaller waterbodies in order to gain a better understanding of the potential
for introductions in larger, higher use waterbodies.
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2014
In 2014, the MN DNR distributed a list of motorized boat launches that could be incorporated into
Dakota County’s AIS program. The initial list included 18 boat launches on access points on both lakes
and rivers located around the County. Staff visited and investigated each site in the fall of 2014 to
evaluate the presence of MN DNR AIS signage at the launch. New or updated AIS signage was ordered
from the MN DNR to be installed at the launch, if necessary.
2015
Beginning in 2015, Dakota County initiated a public awareness campaign using a third party advertising
company to print and place educational posters and other materials at indoor and outdoor locations
throughout Dakota County, including 5 gas stations and 14 bar/restaurants. AIS awareness campaign
materials were focused towards the boating community at gas stations, restaurants, and bars that
boaters and anglers use, and were consistent with AIS messaging used statewide by the MN DNR (Clean,
Drain, and Dry campaign).
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The campaign was in place for four months (June through September 2015). AllOver Media estimated
476,700 monthly impressions from the media in the five gas stations, and 210,000 monthly impressions
from the media in the 14 bars and restaurants.
Dakota County also developed content for the AIS program to be displayed on the County’s website and
purchased AIS educational display materials that can be made available to local communities or school
groups for use as part of various environmental events and ongoing outreach activities.
Dakota County looked for opportunities to collaborate with other counties, watershed groups, and
jurisdictions that share water resources with the County in order to promote a regional approach to AIS
prevention strategies. Internal partnerships were also identified within the County organizational
structure itself, as to encourage AIS programming that would be beneficial to various departments
within the County. Cooperation between existing local organizations, such as cities and lake
associations, was promoted to further the development and implementation of the County’s AIS plan.
2016
In 2016, a consulting firm hired by Dakota County conducted AIS
surveys on twenty lakes on County owned property and installed
zebra mussel sampler plates at four lakes around the County.
Dakota County also purchased a number of plates that were
shared with LGUs and lake associations to be installed at public
and private boat launches. County Transportation staff installed
‘Clean In, Clean Out’ pavement stencils at several boat launches in
Lakeville, Burnsville, and at the County’s launch on Lake Byllesby.
Dakota County continued to work with a third party advertising company to promote the AIS public
awareness campaign and installed educational displays at the Lake Byllesby boat launch and near
beach/campground office, at the Lebanon Hills Visitor Center, and at Jensen Lake near the start of
canoeing trail.
Dakota County purchased a number of outreach materials including the ‘Aquatic Invasive Species Early
Detectors: A How-To Guide’ developed by Minnehaha Creek Watershed District and AIS identification
WATCH Cards, to be shared with interested parties for use or further distribution to lake associations
and watershed management organizations.
In addition to the aforementioned outreach materials purchased in 2016, the AIS program also
supported AIS identification training for volunteers with the Wetland Health Evaluation Program (WHEP)
and youth outreach activities as part of the annual Metro Area Children’s Water Festival. The Dakota
County AIS Committee also explored opportunities to partner with statewide AIS volunteer programs
(University of Minnesota - Extension (Extension) - AIS Detector program and MN DNR - AIS Ambassador
program). Lastly, the Committee investigated opportunities to expand the Vermillion River Watch
volunteer stream monitoring program (managed by the DCSWCD and the Vermillion River Watershed
‘Clean In, Clean Out’ stencil
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Joint Powers Organization (VRWJPO)) to include an AIS monitoring component into the current
monitoring platform.
Beginning in early 2016, the Committee began researching the possibility of using the Local AIS
Prevention Aid to develop a grant program to support AIS efforts of partner organizations. Grant funding
is prioritized for protection and maintenance projects (early detection and response, established
population control), and education programs. Approved projects must address AIS-related issues by
utilizing multi-disciplinary, integrated solutions based on the best available science and technology.
More information about the County’s AIS grant program can be found at
https://www.co.dakota.mn.us/Environment/WaterQuality/AIS/.
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Inventory and Assessment
Various types of AIS have been present in Minnesota over the last 200 years, but the rate of reported
infestations is increasing at an alarming rate. Since the 1950s, public awareness of the importance of
preventing new AIS introductions into Minnesota and managing existing infestations also increased.
Public demand for AIS research, management, and education strategies has been particularly intensified
the last 20 years.
In order for management and prevention activities to be as effective as possible, the types and extent of
AIS within Dakota County and surrounding areas must be known. This section highlights known AIS
infestations in the state of Minnesota and Dakota County, focuses on priority species currently studied
by state researchers, and provides information about the MN DNR’s Infested Waters List.
Dakota County staff partnered with LGUs and WMOs in the county to conduct a ‘waterbody assessment
survey’ to collect information pertaining to the types and frequency of AIS monitoring and/or
management activities their organizations are undertaking. The survey findings will help optimize future
County-led AIS programs to fill gaps and provide assistance to partner organizations.
AIS Infestations in Minnesota
At this time, there are 14 species of aquatic animals and 10 species of aquatic plants known to be
invasive in Minnesota. Many of these species, such as the common carp, have been present in
Minnesota for several decades. Others, such as the rapid invasion of zebra mussels, along with growing
concerns about the spread of Asian carp, have brought AIS-related issues to the forefront more recently.
As of December 2016, the MN DNR Infested Waters list includes 5% of Minnesota's public waters. The
List features selected prohibited invasive species (including Brazilian elodea, brittle naiad, Eurasian
watermilfoil, faucet snails, flowering rush, New Zealand mud snails, round goby, ruffe, white perch, and
zebra mussels), selected regulated invasive species (spiny waterflea), and diseases (Viral Hemorrhagic
Septicemia (VHS)). Lakes, rivers, ponds, and wetlands are added to the infested waters list by the MN
DNR if it contains an aquatic invasive species that could spread to other waters. The MN DNR may also
list a lake, river, pond or wetland as infested if it is connected to a body of water where an aquatic
invasive species is present.
For more information about AIS infested waterbodies in Minnesota, visit the Infested Waters List to find
the official list of infested waters, including all rivers and stream segments of infested waterbodies. A
map option is also available through EDDMapS Midwest, though it only displays infested lakes,
wetlands, and major river pools.
Current AIS Research in Minnesota
Researchers at the Minnesota Aquatic Invasive Species Research Center (MAISRC), a research center
based in St. Paul and working in cooperation with the MN DNR and Extension, are currently studying
detection, prevention and control techniques for close to three dozen AIS that are considered to be
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high-risk for Minnesota. Several of the key species being studied by MAISRC are increasing in
distribution across the state.
The following tables identify AIS of concern and are grouped by fish, plant, and invertebrate species.
Researchers evaluated each species’ existing distribution throughout (or near) Minnesota, their
distribution potential, and their potential to adversely impact ecosystems once established. Note that
plant species with control potential (i.e. chemical treatment or mechanical harvesting) are indicated in
Table 2.
Table 1. Priority invasive fish species in Minnesota as designated by MAISRC
Common Name Scientific Name Distribution Risk of Spread Potential Impacts
Common carp Cyprinus carpio Widespread High High
Bighead carp Hypophthalmichthys nobilis Localized Spreading High
Silver carp Hypophthalmichthys molitrix Localized Spreading High
Grass carp Ctenopharyngodon idella Localized Spreading High
Rainbow smelt Osmerus mordax Localized Spreading High
Ruffe Gymnocephalus cernua Localized Spreading High
Round goby Neogobius melanostomus Localized Spreading High
Northern snakehead Channa argus Not found in MN Presumed High Presumed High
Zander Sander lucioperca Not found in MN Presumed High Presumed High
Table 2. Priority invasive plant species as designated by MAISRC
Common Name Scientific Name Distribution Risk of
Spread
Potential
Impacts
Control
Potential
Curly-leaf pondweed Potamogeton crispus Widespread High High Yes
Eurasian watermilfoil Myriophyllum spicatum Widespread High High Yes
Hybrid/narrow leaf
cattail
Typha x glauca,
T. Angustifolia Widespread High High Yes
Purple loosestrife Lythrum salicaria Widespread High High Yes
European haplotype-
common reed Phragmites australis Localized High High
Flowering rush Butomus umbellatus Localized High High
Starry Stonewort Nitellopsis obtusa Localized High High
Hydrilla Hydrilla verticillata Not found in MN High Likely High
Water chestnut* Trapa natans Not found in MN Moderate Likely High
Yellow floating heart* Nymphoides peltata Not found in MN Moderate Likely High
Cabomba* Cabomba caroliniana Not found in MN Moderate Likely High
European frog-bit* Hydrocharis morsus-ranae Not found in MN Moderate Likely High
Curly waterweed* Lagarosiphon major Not found in MN Moderate Likely High
*Species not likely to be found in MN, but have spread and caused impacts in inland waters of regions with a climate similar to that of MN
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Table 3. Priority invasive invertebrate species as designated by MAISRC
Common Name Scientific Name Distribution Risk of
Spread
Potential
Impacts
Spiny waterflea Bythotrephes longimanus Established High High
Zebra mussel Dreissena polymorpha Established High High
Quagga mussel Dreissena rostriformis Established High High
Faucet snail Bithynia tentaculata Established High High
Rusty crayfish Orconectes rusticus Established Unknown Unknown
New Zealand mud snail Potamopyrgus antipodarum Established Unknown Unknown
Ponto-Caspian amphipod Echinogammarus ischnus Not found in MN Unknown High
Killer shrimp Dikerogammarus villosus Not found in MN Unknown High
Caspian mud shrimp Chelicorophium curvispinum Not found in MN Unknown High
Red Swamp Crayfish Procambarus clarkii Not found in MN
More information about MAISRC’s mission to “develop research-based solutions that can reduce the
impacts of aquatic invasive species in Minnesota by preventing spread, controlling populations, and
managing ecosystems; and to advance knowledge to inspire action by others” can be found by visiting
MAISRC’s website: http://www.maisrc.umn.edu/ais-mn.
AIS Infestations in Dakota County
As of December 2016, there are 26 waterbodies in Dakota County listed on the MN DNR’s Infested
Waters List (Table 4). The MN DNR will add a lake, river, pond or wetland to the Infested Waters List if
the water is found to contain certain AIS that could spread to other waters. The MN DNR may also
designate a lake, river, pond or wetland as infested if it is connected to a body of water where AIS is
present as it is assumed that AIS will naturally spread between the water bodies.
Table 4. MN DNR Infested Waters in Dakota County
Waterbody Name City or Jurisdiction Invasive Species Year Listed Dow Number
Alimagnet Burnsville Eurasian watermilfoil 2014 19-0021
Bridge Dakota County Eurasian watermilfoil 2016 19-0179
Byllesby Dakota County Flowering rush 2016 19-0006
Cobblestone Apple Valley Eurasian watermilfoil 2012 19-0456
Crystal Burnsville Eurasian watermilfoil 2007 19-0027
Earley Burnsville Eurasian watermilfoil 2007 19-0033
Fish Eagan Eurasian watermilfoil 2009 19-0057
Heine Pond Eagan Eurasian watermilfoil 2010 19-0153
Holland Dakota County Eurasian watermilfoil 2009 19-0065
Keller Burnsville Eurasian watermilfoil 2007 19-0025
Lac Lavon Burnsville Eurasian watermilfoil 2007 19-0446
Lac Lavon Burnsville Brittleleaf naiad 2007 19-0446
Lily Dakota County Eurasian watermilfoil 2016 19-0180
Marion Lakeville Eurasian watermilfoil 2007 19-0026
McDonough Dakota County Eurasian watermilfoil 2016 19-0076
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O'Brien Dakota County Eurasian watermilfoil 2016 19-0072
Portage Dakota County Eurasian watermilfoil 2016 19-0074
Quarry Eagan Eurasian watermilfoil 2007 19-0128
Rebecca Hastings Zebra mussel 2009 19-0003
Schultz Dakota County Eurasian watermilfoil 2007 19-0075
Sunset Pond Burnsville Eurasian watermilfoil 2007 19-0451
Thomas Eagan Eurasian watermilfoil 2012 19-0067
Twin Lakes Burnsville Eurasian watermilfoil 2007 19-0028
Unnamed Lake Inver Grove Heights Eurasian watermilfoil 2016 19-0035
Unnamed Lake Eagan Flowering rush 2007 19-0064
Valley Pond Lakeville Eurasian watermilfoil 2007 19-0348
It is important to note that not all AIS identifications will trigger a listing on the infested waters list by
the MN DNR. Of this subset of species, curly-leaf pondweed, reed canary grass, yellow iris, purple
loosestrife, rusty crayfish, and Chinese mystery snail have all been located in Dakota County, but are not
included in Table 4. Curly-leaf pondweed, reed canary grass, and purple loosestrife have been present in
the County for a significant number of years, whereas rusty crayfish and Chinese mystery snails were
found by volunteer groups in 2016. Rusty crayfish were found in the Vermillion River (Farmington and
Hastings) and North Creek (Farmington) in the fall of 2016. Specimens were collected as part of routine
biomonitoring activities performed by DCSWCD staff and by Hastings High School students participating
in the VRWJPO’s Vermillion River Watch program. The Chinese mystery snails were discovered while
monitoring Thompson Lake (West St. Paul) by volunteers participating in Dakota County’s Wetland
Health Evaluation Program (WHEP).
Several other prohibited and regulated AIS are known to be present within Dakota County and within
close proximity to the County. These species (Table 5) are a growing concern due to their potential to
spread to uninfested waterbodies in Dakota County.
Table 5. Common AIS in Dakota County and greater Minnesota/Wisconsin
Common Name Type Status Nearest Infested Water Location
Bighead carp Fish Prohibited Mississippi River – Pool 1, 2, 3
Grass carp Fish Prohibited Mississippi River – Pool 1, 2, 3
Flowering Rush Plant Prohibited Cannon River Goodhue County, MN
New Zealand mudsnail Invertebrate Prohibited Lake Superior Duluth, MN
Silver carp Fish Prohibited Mississippi River – Pool 1, 2, 3
Spiny waterflea Invertebrate Prohibited Lake Mille Lacs Mille Lacs County, MN
Zebra mussel Invertebrate Prohibited Lake Rebecca Hastings, MN
Faucet snail Invertebrate Regulated Mississippi River – Pool 4
Banded, Chinese mystery snail Invertebrate Regulated Thompson Lake West Saint Paul, MN
Common carp, koi Fish Regulated Lake Marion Lakeville, MN
Goldfish Fish Regulated Vermillion River Watershed
Japanese trap door snail Invertebrate Regulated Red Cedar River Rice Lake, WI
Yellow iris or yellow flag Plant Regulated Kingsley Lake Lakeville, MN
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Management of AIS on the Mississippi and Minnesota Rivers is a collaborative process between several
state and federal agencies including the MN DNR, the US Army Corps of Engineers, and the National
Parks Service, amongst others. At this time, the MN DNR is leading all monitoring and management
activities related to AIS infestations on the Mississippi River within Minnesota jurisdiction, so
management of those species identified as inhabiting the Mississippi River (namely the three carp
species listed in Table 5) will not be addressed in this Plan.
Coordinating AIS efforts in Dakota County
In the fall of 2016, Dakota County began working with LGUs and WMOs to gather information on water
resource management activities currently performed on MN DNR designated waterbodies throughout
the county. The purpose of conducting the survey was to identify potential gaps in AIS-related
programming that could be filled with financial, logistical, or programmatic support from the County
through the funding provided by Local AIS Prevention Aid.
The waterbody assessment survey was sent to representatives with all of the cities and townships in
Dakota County that have DNR waterbodies within their boundaries (19 in all). The list of 379
waterbodies included all lakes, stormwater ponds, and wetlands with a MN DNR identification number.
The baseline information gathered in the survey (Table 6) provides the County with a comprehensive list
of the types of management and monitoring activities (and frequency at which they are completed) that
are currently undertaken by LGUs and WMOs. Respondents were also asked to indicate the types of
activities for which they would like support from the County – from performing an aquatic vegetation
survey of a local lake, assisting with chemical treatments or harvesting, or coordinating consistent AIS
messaging and educational programs to be used countywide.
As of December 2016, respondents from eight cities and townships within Dakota County participated in
the waterbody assessment survey.
Table 6. Results from the 2016 Waterbody Assessment Survey
Types of Monitoring and Management Activities Types of Assistance Requested
Aeration Coordination and Funding for Aquatic Plant Surveys
Alum Treatments Funding for Harvesting Activities
Aquatic Plant and Shoreline Habitat Surveys Funding for Chemical Treatments
Barley straw/Carbon Amendment Treatments Lakeshore Homeowner Educational Programming
Biweekly LGU Staff Water Quality Monitoring Native Plant Educational Programming
CAMP Monitoring AIS Education for Anglers
Invasive Plant Control Participation in Lake Association Events
Sediment Surveys
WHEP Monitoring
To learn more about the types of management activities that are being done to protect your local
waterbodies, as well as what is being done to prevent the spread of AIS, please contact the water and
natural resource specialists for your city, township, or WMO for more information.
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Implementation Plan
This section of the Plan describes strategies proposed by Dakota County to prevent, detect, and manage
AIS infestations. Using funds made available through Local AIS Prevention Aid, Dakota County will
continue AIS monitoring activities on lakes with County-owned accesses on a rotational basis, as well as
support AIS monitoring activities undertaken by neighboring counties that share waterbodies. Dakota
County will also support efforts to identify alternate pathways for AIS to enter and move through the
county, as well as the development of a network of trained volunteers to conduct AIS surveys in local
waterbodies and youth outreach activities.
Local interest in efforts to counteract the spread of AIS within Dakota County has led to the
development of monitoring, management, and outreach partnerships between lake associations, city
and county governments, local watershed management organizations, and the MN DNR. Funding from
the Local AIS Prevention Aid will also be used to support AIS-related projects undertaken by LGUs and
non-profits that operate in Dakota County through the development of a grant program.
As mentioned previously, it is important to consider this plan to be fluid in nature, in that
implementation activities discussed in this plan are subject to change over time due to advances in
research on AIS management, the detection and potential establishment of new AIS in the County, and
future opportunities for various educational or outreach programming or partnerships.
As the Local AIS Prevention Aid funding amounts are not set for 2018 – 2020, the total expenditures
shown in the Appendix are based upon the amount allocated to Dakota County in 2017 ($121,690). If
Dakota County receives less than that amount in the coming years, less money will be allocated to the
grant program in order to maintain the budget.
Prevention
AIS can be spread throughout the county via numerous pathways. Each pathway poses varying levels of
risk depending on the water body and the specific AIS. Common pathways through which AIS spread
include boat accesses, docks and boat lifts, and attached to water recreational gear.
Watercraft Inspections
The MN DNR’s watercraft inspection program was established in 1992. The goal of the program is to
prevent the spread of AIS by placing trained inspectors at public water accesses to inspect watercraft
and educate the public on AIS laws, including self-inspection and decontamination methods. While the
MN DNR continues to fund the watercraft inspection program, many LGUs have instituted local
inspection programs to supplement the DNR’s efforts.
In 2017, Level 1 Watercraft Inspectors will be hired to conduct watercraft inspections at boat launches
within Lake Byllesby Regional Park. The motorized boat access on Lake Byllesby is the only boat launch
owned by Dakota County (access on Jensen Lake is carry-in only). All other motorized accesses within
the County are owned and operated by LGUs or the State of Minnesota. Those entities are responsible
for conducting watercraft inspections at their accesses.
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Level 1 Watercraft Inspectors are trained to inspect water-related equipment, both visually and tactilely, at
the access before equipment is launched into the water. Inspectors are authorized to prohibit the
launching or operations of water-related equipment if a person refuses to either allow an inspection or
don’t remove water or vegetation. They can also require a watercraft (or other equipment) be
decontaminated prior to launching into the lake.
Inspectors will be hired via a local company that will support training the inspectors, as well as provide
the necessary equipment to conduct inspections and coordinate inspection schedules. Inspectors will be
stationed at the main boat launches in the park on weekends and holidays from the fishing opener
through Labor Day. Inspectors may also be asked to move between the main watercraft access in the
park and the two smaller accesses along the northern shore to perform inspections and educate the
public on AIS best management practices.
Lake Service Provider Certification
In 2011, the Minnesota state legislature passed new laws related to the prevention and management of
AIS that apply to lake service providers (marinas, dock haulers, lawn irrigators and others who install or
remove equipment from state waters for hire). Based on this new law, service providers must obtain a
permit from the MN DNR in order to legally work in lakes and rivers throughout the state. Service
providers can obtain the permit by attending an AIS training hosted by the MN DNR and passing the
certification test.
In 2013, the law was updated to include any businesses that rent or lease any type of boats or other
water-related equipment. At this time, Dakota County Parks and Recreation Department has various
watercrafts (canoes, kayaks, paddleboards) that are available to the public to rent during the summer
season at the Lebanon Hills Visitor Center for use in Lebanon Hills Regional Park. In accordance with the
updated law, County parks staff will be attending certification trainings this spring and will apply to the
MN DNR for the appropriate permit before the summer season begins.
Alternative Pathways Assessment
AIS can also be introduced into the environment, intentionally or accidently, through the dumping of live
plant and animals purchased at local pet stores and nurseries into local waterbodies. Hundreds of
species of plants, invertebrates, and fish from all over the world are sold through these businesses and
are available for purchase by Dakota County residents. Such activities are high-risk pathways for AIS, but
once identified, outreach efforts can be targeted to address these pathways. In 2017, Dakota County will
support the investigation of alternative pathways, identify potential sources of AIS, and work to improve
AIS education to different audiences utilizing the Habitattitude program.
Early Detection
Early detection monitoring provides opportunities to detect new AIS introductions before they become
established in a given waterbody, ultimately increasing the feasibility of a rapid response/eradication
effort. Significant cost-savings can be realized by adopting an effective early detection monitoring
20 | P a g e
program in the form of reduced long-term control and management expenses, in addition to protecting
existing natural resource investments.
Dakota County recognizes LGUs and WMOs as the responsible entities for primary management of the
water resources within their boundaries. Such responsibilities include surface water monitoring, tracking
water quality trends, and implementing other lake and river water quality management actions. Because
of the high level of water resources management currently undertaken by LGUs and WMOs, Dakota
County will prioritize AIS monitoring and management efforts on waterbodies that are within the County
Parks system (particularly Lake Byllesby) and filling in any gaps in AIS monitoring and assessment
activities throughout the county.
Monitoring and Assessments
Current early detection monitoring activities on lakes with County-owned accesses include:
Aquatic vegetation surveys (point-intercept)
o Species of interest: Eurasian watermilfoil, curlyleaf pondweed, flowering rush
o Visual observations for cylindro (blue-green algae) and common carp
Suitability Assessments with reference to lake bottom sediments for AIS
o Hydrilla, purple loosestrife, rusty crayfish, spiny waterflea, starry stonewort, Chinese
and banded mystery snail, faucet snail, Asian carp, and snakehead
Installation of zebra mussel plate samplers at boat launches or fishing accesses
In addition to the aforementioned activities, other AIS monitoring activities have been proposed as
potential projects to consider in future years. These include biological monitoring (macroinvertebrate
and habitat) at several locations in the Chub Creek, Trout Brook, and Pine Creek subwatersheds and
performing an aquatic vegetation survey and sediment sampling of Chub Lake (headwaters of Chub
Creek, located in Eureka Township). New AIS infestations discovered during these (or other) monitoring
efforts conducted by State agency staff, County staff, consultants, or citizen volunteers will be reported
to the MN DNR using the EDDMapS online reporting tool described earlier in this plan.
An AIS survey and suitability assessment was conducted on several waterbodies within the Lebanon Hills
Regional Park in 2016. The County plans to continue with this effort in future years by developing a
monitoring program for all waterbodies in the County parks system (Lake Byllesby is currently being
monitored by the Metropolitan Council). The monitoring program will consist of both surface water
quality monitoring and aquatic vegetation surveys. Surface water quality sampling will be conducted on
a monthly basis to provide information on the status of waterbodies, allowing for tracking of long-term
trends, identification of potential or actual threats to water quality, and more effective management of
the various waterbodies within the parks system.
Aquatic vegetation surveys will be conducted twice during the growing season in order to identify new
AIS, delineate existing AIS populations, and track the spread of AIS within a given waterbody. The goal of
the program is to continue to monitor the presence of AIS in County parks and assess the potential for
spread between waterbodies within the parks system.
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Lake Byllesby Assessments
Because of the potential hazards to the Byllesby Dam that could be brought about by an AIS infestation
in the lake, preventing an AIS introduction (particularly zebra mussels) in Lake Byllesby is a top priority
for Dakota County. Both Dakota and Goodhue counties own and operate public water accesses on Lake
Byllesby, necessitating the importance of collaborative partnerships to prevent new AIS infestations in
the lake. In 2016, Goodhue County conducted an aquatic vegetation survey of Lake Byllesby. Since
surface water quality and lake bottom sediment samples were not collected in 2016 (and are important
to determine AIS suitability), Dakota County will complete sampling in 2017. Goodhue County will
continue to conduct vegetation surveys of Lake Byllesby on an annual basis.
Volunteer Monitoring Network
Providing volunteers with the necessary training to identify and report potential infestations is one
strategy to help prevent the spread of AIS within Dakota County. In order to support early detection
monitoring efforts, the County will sponsor citizen participation in the University of Minnesota
Extension’s new AIS Detector program in 2017.
Through this program, AIS Detector volunteers will be trained to report potential AIS introductions in
coordination with the MN DNR. Participants in the program will undergo a high level of training to
ensure competency and ability to properly identify suspected AIS. AIS Detectors will not make definitive
conclusions or announcements as to confirmation of the presence of AIS – instead, their role will be to
determine if a report to the MN DNR is necessary by first screening out false-positive samples from
being reported. The Detector program will focus on the priority species outlined in the ‘Current AIS
research in Minnesota’ section of this plan. More information about the AIS Detector program can be
found on their website: http://www.maisrc.umn.edu/ais-detector.
Rapid Response
Rapid assessment and response involves assessing the size of the AIS infestation relative to the
resources and tools that are available to completely remove the infestation (“eradication”). The best
defense against an AIS infestation in a local waterbody is utilizing strong preventative actions, like boat
inspections at launch sites and educating the public about rules and regulations relating to AIS, in order
to prevent AIS from ever entering the waterbody in the first place. Early detection of a new infestation,
and a subsequent response to that infestation, are considered the “second line of defense”, following
prevention.
Early detection and rapid response are core tenets of any effective invasive species management
program. When the introduction of new AIS is detected, a prompt and coordinated response to contain
the affected area (and provide treatment in order to eradicate the species, if feasible) can reduce the
potential establishment, spread, and harmful impacts of a given species. Early detection and response to
a new infestation can result in lower overall costs and reduced damage to the resource than
implementing a long-term control program after an invasive species is established in the waterbody.
Regular monitoring is necessary in order to detect new infestations in a timely manner so that the
response plan can be as effective as possible. Eradication is always the primary goal of a rapid response
22 | P a g e
plan. Failing to completely eradicate AIS from a waterbody means that the infestation will be a
reoccurring problem in future years. Unfortunately, as is often the case, once AIS is established in a
waterbody, successful eradication is unlikely, which further emphases the importance of prevention and
early detection monitoring.
Per the U.S. Fish & Wildlife Service AIS Branch, a basic rapid response includes:
Rapid confirmation of the identity of the suspicious organism;
Assess the extent of the infestation;
Quarantine of the infested area, if possible;
Quick review of available control options to choose one best suited for the treatment
conditions;
Application of the chosen control option(s); and,
Modification of the control strategy as indicated by the results (“adaptive management”).
Rapid Response Contingency Fund
A portion of the funding provided to Dakota County through the Local AIS Prevention Aid Grant will be
set aside on an annual basis to assist with rapid response activities in the county. Because all AIS
infestations are unique, rapid response procedures will be initiated in partnership with, and following
recommendations by, state and/or local agencies. The final response plan may have one of several
possible goals relating to the infestation, such as containing the entirety of the AIS infestation within a
given area, suppressing the population in order to slow its spread to other parts of the lake or river, or
containing the AIS and preventing its spread to new locations by completely eradicating it. It is
important to keep in mind that not all AIS infestations will necessitate a rapid response effort going into
effect, so each new AIS infestation will be responded to on a case-by-case basis.
Rapid Response Plan
The Dakota County AIS Advisory Committee will begin development of a rapid response plan for new
infestations in 2017. At this time, the Dakota County AIS Rapid Response Plan will:
Focus on rapid response for new and isolated AIS occurrences
Be adaptable to be useful in a variety for different species and waterbody types
Align with the MN DNR AIS Rapid Response Plan
For more information about the MN DNR’s AIS Rapid Response Plan, go to
http://www.dnr.state.mn.us/invasives/eco/index.html and the subheading ‘Responsibilities’.
Outreach and Education
One of the keys to successfully preventing AIS from spreading is to engage the public on AIS issues
(major species of concern and their potential impact) and to communicate the importance of personal
responsibility in regards to prevention. In doing this, Dakota County will continue to explore partnership
opportunities with local businesses and community organizations, strengthen existing relationships with
23 | P a g e
LGUs and lake associations, and support established outreach campaigns (such as those developed by
the MN DNR and Minnesota Sea Grant) to promote consistent messaging across the County.
Outreach Materials
In 2016, the Dakota County AIS Committee hosted a roundtable event with representatives from LGUs.
The meeting’s primary purpose was to determine how the County could best support AIS initiatives
currently administered by the LGUs. From this meeting and subsequent discussions, it was determined
that the LGUs would be best served by the County developing AIS-related outreach materials and
supporting educational programming that could be used throughout the County. Using this direction,
the County is working on several projects to meet the needs of interested organizations:
Purchasing AIS outreach materials from MN DNR, Wildlife Forever
Creating an ‘AIS travelling trunk’ with various outreach materials and giveaways to be used at
local environmental events hosted by partner organizations
Developing a waterproof bathymetric map for Lake Byllesby with information related in invasive
species laws, regulations, and best management practices
Youth Outreach Programs
The Dakota County AIS Committee will also look to support education activities that serve various
groups within local communities. For the past several years, Dakota County has made both financial and
in-kind support for the Metro Area Children’s Water Festival, an annual event organized for children in
the Minneapolis/St. Paul metropolitan area. The purpose of the festival is to educate fourth grade
students from local schools about water resources. The goal is to engage students about ways they can
help ensure future protection and management of water quality and quantity. Each year, 200 to 250
students from schools in Dakota County participate in hands-on opportunities to learn about water and
its importance to people and the natural environment. In recent years, AIS has taken on a larger focus at
the Festival, serving as a first point of contact for many children to not only learn about AIS, but also find
out what they can do to help prevent the spread.
Wetland Health Evaluation Program
Dakota County coordinates the Wetland Health Evaluation Program (WHEP; www.mnwhep.org), a
volunteer program focused on determining the health wetlands in the county. WHEP volunteers are
trained and work as part of a community-based team to collect data on wetland plants and
macroinvertebrates, providing valuable information to local governments and decision makers. In 2016,
the Dakota County WHEP team incorporated AIS plants and macroinvertebrates into the general
monitoring protocols used by the volunteers. AIS plants and macroinvertebrates were also highlighted
during the identification training sessions and were added to all print materials for volunteers to
reference. AIS can be transferred between waterbodies by moving through pipes that connect
stormwater ponds, so WHEP volunteers will be at the forefront to monitoring these alternative
pathways during future monitoring seasons.
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Grant Program
Beginning in 2017, the Dakota County AIS Committee is instituting a grant program to distribute the
State of Minnesota’s Local AIS Species Prevention Aid funding for AIS-related projects in the County. The
County and will consider a range of project proposals:
Education and Prevention Projects
Early Detection and Response Projects
Established Population Control Projects
The goal of the grant program is to promote and support AIS management or education efforts by local
organizations within the county. Those eligible to propose projects and compete for available funds
include local municipalities, townships, watershed organizations, lake associations, and non-profits
located in Dakota County. Collaborative proposals between partner groups are recommended to
strengthen the effectiveness and positive outcomes of a given project.
More information about the Dakota County AIS grant program can be found at
https://www.co.dakota.mn.us/Environment/WaterQuality/AIS.
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Appendix - Dakota County AIS Implementation Plan 2016 - 2020
Category Dakota County Actions 2016 2017 2018 2019 2020
Prevention Provide Level 1 AIS Inspectors at Lake Byllesby accesses $18,687 $20,000 $20,000 $20,000
Prevention Conduct Alternative Pathways Assessment $16,000
Prevention Alternative Pathways Assessment follow-up $3,000
Early Detection AIS assessments (vegetation, fish, sediment) of lakes with
County-owned access $40,965 $9,500 $41,000
Early Detection Zebra mussel sampler plate monitoring $1,500 $500 $500 $500 $500
Early Detection Biomonitoring in Chub Creek, Pine Creek, and Trout Brook
subwatersheds $4,500 $4,500
Early Detection Sediment and AIS suitability assessment of Lake Byllesby $6,100 $6,100
Early Detection Establish and support volunteer AIS Monitoring Network $1,750 $1,750 $1,750 $1,750
Rapid Response AIS Rapid Response Contingency Fund $2,000 $5,000 $5,000 $8,000
Rapid Response Develop AIS Rapid Response Plan In-kind
Outreach and Education AIS billboard and local restaurant advertising $69,172
Outreach and Education Purchase and develop AIS outreach materials $9,841 $11,500 $6,500 $6,500 $6,500
Outreach and Education Support youth AIS outreach programs in local communities $1,000 $1,000 $1,000 $1,000 $1,000
Outreach and Education Support Wetland Health Evaluation Program $4,000 $4,000 $4,000 $4,000 $4,000
Grant Program AIS grant program $43,000 $79,000 $79,000 $36,000
Administration AIS program administration In-kind In-kind In-kind In-kind In-kind
Administration Dakota County AIS Plan development In-kind In-kind In-kind
Total $128,478 $121,537 $120,750 $120,750 $121,350
1
Dakota County Aquatic Invasive Species Grant Program
Application Deadline: Monday March 6, 2017 by 4:30 p.m.
Introduction
Dakota County is an annual recipient of Aquatic Invasive Species (AIS) Prevention Aid from the State of
Minnesota as a result of 2014 Session Law Chapter 308. The purpose of the aid is to “prevent the
introduction or limit the spread of aquatic invasive species at all the access sites within the county” (MN
Statutes 477A.19). In 2015, the Dakota County Board of Commissioners passed a resolution adopting the
following guidelines for the use of AIS Prevention Aid:
1) Prepare a comprehensive inventory of boat launches and waterbodies at risk
2) Undertake awareness campaigns
3) Develop early detection and response procedures
4) Manage existing populations of aquatic invasive species
5) Establish partnerships with local units of government, water management organizations, Soil
and Water Conservation District or lake associations
Dakota County has developed a grant program to fund local AIS prevention and management projects
on waters within Dakota County. Examples of projects eligible for funding include (but are not limited
to): education and outreach programs, early detection and population assessment, watercraft
inspection and decontamination programs, and management of new or established AIS populations.
Eligibility
1) All local government units (LGUs) and lake associations in Dakota County are eligible.
2) All projects must be conducted on water bodies or waterways located within Dakota County.
3) Project activities must be completed by December 1, 2017. Additional work may be proposed,
but may not be funded during 2017.
4) Applicants requesting funding for projects that may potentially be funded from other grant
sources may submit an application for County AIS funds and adjust the funding request if the
outside funds are secured. Under no circumstances may an applicant be compensated for the
same work or material purchased.
Applicant Guidelines
1) Applicants must complete the provided application form. Supplemental application materials
will be accepted if deemed necessary by the applicant.
2) Proposals may receive full or partial funding based on number of funding requests and
application ranking.
3) Matching funds are preferred, though not required.
4) All proposals must comply with applicable federal, state, and local laws, rules, and ordinances.
Award recipients are expected to provide a copy of DNR permitting if aquatic plant management
2
is proposed. Recipients are expected to provide a copy of an executed DNR Delegation
Agreement if watercraft inspection activities are proposed.
Evaluation Criteria
Projects will be ranked by Dakota County staff based upon pre-determined criteria (see page 3). Staff
will review projects to determine funding eligibility. Staff has the discretion to reject any application it
believes does not meet statutory requirements for funding.
Eligible Expenses
Acceptable expenses include: professional services, materials, supplies, and labor, printing and
promotions. Consideration of additional cost categories is at the discretion of Dakota County.
Funds and Distribution
An applicant may not be compensated for the same work or materials twice (through more than one
grant program). Applicants may submit an application to this program and request that their award be
adjusted should the proposal be funded through additional opportunities.
Projects will be reviewed and ranked during the month of March and applicants will be notified of their
application status in early April. A letter requesting reimbursement, along with appropriate receipts and
accounting for expenses, must be submitted to the Dakota County Water Resources by December 15,
2017.
Reporting Requirements
Successful applicants must execute a grant agreement with Dakota County. Applicants are responsible
for completing all project activities by December 1, 2017. Following completion of the project, a final
report must be submitted by December 15, 2017. The report should include a summary of budget
expenses, summary of activities (including treatment records, if applicable), and measurable results.
Submission
Applications are due by 4:30 pm on March 6, 2017. Send completed applications to:
Dakota County Water Resources
Attn: Michael Rutten
14955 Galaxie Avenue
Apple Valley, MN 55124
Email submission: michael.rutten@co.dakota.mn.us
Additional Information
All questions regarding this RFP must be directed to Michael Rutten – (952) 891-7008—
Michael.rutten@co.dakota.mn.us by 4 p.m. February 27th, 2017. Responses will be posted on the Dakota
County AIS webpage https://www.co.dakota.mn.us/Environment/WaterQuality/AIS.
3
Application Evaluation and Grant Award
The following criteria will be used to evaluate applications:
Criteria Points
Proposed project’s likely overall long-term impact on preventing the
introduction and spread of AIS within Dakota County. This includes the
applicant’s ability to clearly articulate the project goal/concept, define the
implementation process, and establish measures of performance.
60
The degree of collaboration and/or outreach, the projects’ ability to
leverage additional funds, and/or the demonstrated support of other
entities in the community.
30
Proposed Budget and expenses in relation to the breadth, depth, and
technicality of the work proposed. 10
TOTAL 100
EXHIBIT E
INSURANCE TERMS
Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indic ated herein and to
otherwise comply with the provisions that follow. Such policy(ies) of insurance sh all apply to the extent of, but not as a limitation upon or in satisfaction
of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub -subcontractors, and Independent
Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons
or parties with these provisions.
APPLICABLE SECTIONS ARE CHECKED
1. Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or
Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $5 00,000. If Contractor is not
required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision
under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to
County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify Cou nty from and against any
and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or
Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change
requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage.
2. General Liability.
"Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on
a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Person al Injury, Contractual Liability
(applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be
provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance
Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation)
shall be considered to be an acceptable equivalent policy form.
Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000
per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limi t may be satisfied by the limit
afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or
Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or E xcess Liability policy is at least as broad as that
afforded by the underlying Commercial General Liability policy (or equivalent underlying policy).
Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of
the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to
less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such
aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Li ability policy which "drops
down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible o r "retention" amount,
shall be acceptable in this regard so long as such deductible or retention for each occurrence does not excee d the amount shown in the provision below.
Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar pr ovision) requiring the
Contractor to remain responsible for a stated amount or percent age of each covered loss; provided, that such deductible, retention or participation amount
shall not exceed $25,000 each occurrence.
Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds th ereunder.
3. Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed
under this Contract. This amount of insurance shall be at least $1,500,000 per occ urrence and aggregate (if applicable). Coverage under such policy may
be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract
termination.
It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or
insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereun der. Contractor therefore
agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such i mpairment of Dakota County's
protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if
necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, througho ut the one (1) year period of
required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and
provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with t his section; and (b)
immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining
available for the protection of Dakota County.
4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of
the ownership, use, maintenance, or operation of all owned, non -owned and hired automobiles and other motor vehicles utilized by Contractor in connection
with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount
of at least $1,500,000 per accident, which total limits may be satisfied by the limi ts afforded under such policy, or by such policy in combination with the
limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies)
shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within
the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include c overage for motor
vehicle liability assumed under this contract.
Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, em ployees and agents as
Additional Insureds thereunder.
5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor
secure any additional insurance, or additional feature to existing insurance, as Dakota County m ay reasonably require for the protection of their interests or
those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly c omply with such additional
requirement(s).
6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder
is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, C ontractor shall provide Dakota
County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence
of insurance shall be in the form of the Dakota County Certificate of Insu rance, or in such other form as Dakota County may reasonably request, and shall
contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County,
Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer -
certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorse d to require that the insurer
provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage
terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage.
7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to
do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be
unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In
all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing
of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s)
shall be deemed to be acceptable to Dakota County.
8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as
required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provi de all necessary and
appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice.
9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims
brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the
benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in suc h form as Dakota County may
reasonably require.
10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or
injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf,
from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by wa y of subrogation or otherwise, for
any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole
or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such
party may be responsible.
Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of
subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence
as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by thi s provision is present;
and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies).
K/CM/Exh/Insure-No-Prof-Liability-CM.doc
Revised: 10/07