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HomeMy WebLinkAboutItem 06.h December 4, 2017 Item No. AMENDMENT TO AGREEMENT WITH LAKEVILLE CYCLING ASSOCIATION FOR CONSTRUCTION AND MAINTENANCE OF WEST LAKE MARION PARK MOUNTAIN BIKE TRAIL Proposed Action Staff recommends adoption of the following motion: Move to approve amendment to agreement with Lakeville Cycling Association for the construction and maintenance of West Lake Marion Park Mountain Bike Trail. Overview On April 3, 2017 the Mayor and City Council approved an agreement with the Lakeville Cycling Association for construction and maintenance of the West Lake Marion Park Mountain Bike Trail. As part of that agreement, insurance provisions were required of the Association. Currently, the Association continues to do maintenance along with additions to the trail. After discussing the insurance provisions with the League of Minnesota Cities Risk Management Attorney and City Attorney, it was decided the Association can be covered by the City’s League of Minnesota Cities Insurance Trust (LMCIT) liability insurance coverage assuming the City treats them as volunteers under the City’s direction and control. The Risk Management Attorney also indicated from a liability point of view, the members of the Lakeville Cycling Association are better protected as City volunteers. As volunteers they are protected by the municipal tort caps and immunities in addition to the City’s LMCIT coverage. As a result of this information, Staff is recommending that the agreement be amended to remove the insurance provisions from the original agreement. Primary Issues to Consider • None Supporting Information • Original agreement with Lakeville Cycling Association Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: John Hennen, Parks & Recreation Director NA NA