IV.8. Enter into Cooperative Agreement between City of Hopkins and Nine Mile Creek Watershed District; Imihy
CITY OF HOPKINS
City Council Report 2025-032
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Laila Imihy, Special Projects and Initiatives Manger
Date: March 4, 2025
Subject: Cooperative Agreement between City of Hopkins and Nine Mile Creek
Watershed District
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO enter into a cooperative agreement with the Nine Mile Creek Watershed
District to be 2025 ACE Program host site.
OVERVIEW
The ACE Program is an internship program for young adults ages 16-24 who traditionally
face a barrier to employment. The program connects young people to employment within
the cities of Hopkins and Minnetonka and their city departments. Additionally, it connects
them to experiences and professional social networks needed to develop pathways to
college and careers. As this program grows, it has become necessary to add an array of
internship positions beginning with close partners such as the City of Minnetonka, who
signed a Joint Powers Agreement with the Youth Advisory Board and ACE Program. The
City of Minnetonka began with one intern in 2023, five in 2024, and six beginning this
June.
Nine Mile Creek Watershed District wishes to participate in the ACE Program as an
employer for summer 2025. In considering the programs and the desire from both
partners to provide internship opportunities for young adults, the city and the watershed
district have agreed to enter into a cooperative agreement.
SUPPORTING INFORMATION
• Cooperative Agreement between the City of Hopkins and Nine Mile Creek Watershed
District
Administration
City of Hopkins-Nine Mile Creek Watershed District
ACE Internship Program
1
Cooperative Agreement
Between the City of Hopkins and Nine Mile Creek Watershed District
2025 ACE PROGRAM
This cooperative agreement is made by and between the City of Hopkins, a home
rule charter city under Article XII of the Minnesota Constitution (Hopkins), and Nine Mile
Creek Watershed District, a special purposes unit of government created pursuant to
Minnesota Statutes chapters 103B and 103D (NMCWD), for NMCWD’s participation in
Hopkins’ ACE Program, which employs youth in meaningful professional work.
Whereas the ACE Program is a program developed and administered by Hopkins
that connects young people facing barriers to employment with skills, experiences and
professional social networks needed to develop pathways to college and career;
Whereas NMCWD wishes to participate in the ACE Program as an employer for
summer 2025; and
Whereas Hopkins and NMCWD are authorized by Minnesota Statutes section
471.59 to enter into this cooperative agreement for NMCWD’s participation as an
employer in the ACE Program and provide internship opportunities in summer 2025 (the
NMCWD Internships.
Agreement
Now, therefore, Hopkins and NMCWD enter into this agreement to document
their mutual understanding as to the scope of the NMCWD Internships, facilitate
communication and cooperation to successfully complete the NMCWD Internships.
1. Conduct of the NMCWD Internships
a. NMCWD will provide Hopkins with descriptions of one or more internship
opportunities at NMCWD for Hopkins’ review and approval, which is not to be
unreasonably withheld.
b. After Hopkins’ approval of one or more NMCWD internship descriptions,
Hopkins will advertise for and seek participants in the ACE Program generally
and the NMCWD Internships specifically, and will oversee and administer the
NMCWD Internships in collaboration with NMCWD.
c. Hopkins will designate participants in the ACE Program suited for the
NMCWD Internships and will provide NMCWD with contact information and
relevant application data from ACE Program participants to NMCWD,
including but not limited to written parental consent to duties involving
travel throughout the watershed and taking place evenings and weekends.
City of Hopkins-Nine Mile Creek Watershed District
ACE Internship Program
2
d. NMCWD will select one or more interns for the NMCWD Internships from
among the candidates provided by Hopkins.
e. The parties will ensure that no person is excluded from participation in or the
benefits of the NMCWD Internships on the basis of race, color, creed, religion,
age, sex, disability, marital status, sexual orientation, public assistance status or
national origin, and no person who is protected by applicable federal or state
laws, rules or regulations against discrimination otherwise will be subjected to
discrimination.
f. Either party may terminate this agreement prior to the termination date stated
in subsection 10 on 10 days’ notice to the other. Obligations incurred prior to
the date of termination will survive termination, except that on Hopkins’
termination in accordance with this paragraph 1f will constitute release of
NMCWD from its obligation under paragraph 2h.
2. NMCWD’s rights and responsibilities. NMCWD will:
a. Provide the participants in the NMCWD Internships with meaningful, project-
focused work experience supporting professional skills development, including
support for invasive goldfish and carp removals, fish surveys, and pilot field
studies such as aquatic revegetation trials.
b. Provide all training necessary for each participant in the NMCWD Internships,
including safety training as needed and provide a safe and healthy worksite
that conforms to all applicable federal and state health and safety standards.
c. Provide professional supervision for participants in the NMCWD Internships,
including but not limited to written and oral guidance and performance
reviews for all participants. Each NMCWD supervisor will oversee and direct
the work on no more than six interns at any one time. NMCWD will ensure
supervision in compliance with this subsection and the agreement generally at
all times for the NMCWD Internships.
d. Timely advise the ACE Program contact named below of any major
performance issue with a participant in the NMCWD Internships.
e. Track participants’ internship time and submit record thereof weekly to
Hopkins.
f. Will maintain worker’s compensation and general liability insurance covering
participants in the NMCWD Internships.
g. Will participate in in-person and telephone interviews conducted by Hopkins’
authorized representatives.
h. Pay a $500 administrative fee to Hopkins within 35 days of the conclusion of
the NMCWD Internships.
City of Hopkins-Nine Mile Creek Watershed District
ACE Internship Program
3
i. Comply with all applicable local, state and federal laws applicable to NMCWD’s
employment of participants in the NMCWD Internships.
j. May terminate a participant’s participation in the NMCWD Internships on five
days’ notice to Hopkins.
3. Hopkins’ rights and responsibilities. Hopkins:
a. Will be solely responsible for compensation of participants in the NMCWD
Internships.
b. May visit work locations of participants in the NMCWD Internships for ACE
Program purposes and interview participants in the NMCWD Internships and
their supervisor(s).
4. Independent relationship; liability; no warranty. This agreement does not create
a joint powers board or organization within the meaning of Minnesota Statutes
section 471.59, and no party agrees to be responsible for the acts or omissions of the
any other pursuant to subdivision 1(a) of the statute. Only contractual remedies are
available for the failure of a party to fulfill the terms of this agreement.
NMCWD and Hopkins enter this agreement solely for the purposes of facilitating the
NMCWD Internships. Accordingly, with respect to any and all activity undertaken
pursuant to this agreement: (1) Hopkins will hold harmless, defend and indemnify the
NMCWD, its officers, employees and agents for all claims, damages, liabilities, losses
and expenses asserted against either party or both parties at any time by a third party,
including any governmental body, provided that any such claim, damages, loss or
expense arises out of a negligent act or omission or willful misconduct of an officer,
official, agent or employee of Hopkins; and (2) NMCWD will hold harmless, defend
and indemnify Hopkins, its officers, officials employees and agents for all claims,
damages, liabilities, losses and expenses asserted against either party or both parties at
any time by a third party, including any governmental body, that arise out a negligent
act or omission or willful misconduct of an officer, manager, agent or employee of
NMCWD. This agreement creates no right in and waives no immunity, defense or
liability limitation with respect to any third party. The parties do not waive any
limitation of liability provided under Minnesota Statutes chapter 466.
5. Contacts. The representatives of the parties with respect to this agreement are as
follows:
NMCWD:
Administrator
Nine Mile Creek Watershed District
esniegowski@ninemilecreek.org
952-358-2276
12800 Gerard Dr.
City of Hopkins-Nine Mile Creek Watershed District
ACE Internship Program
4
Eden Prairie MN 55346
Hopkins:
Laila Imihy
Special Projects and Initiatives Manager
City of Hopkins
limihy@hopkinsmn.com
1010 1st Street South
Hopkins MN 55343
6. Data Practices. All data created, collected, received, maintained or disseminated for
any purpose in the course of this agreement are governed by the Data Practices Act,
Minnesota Statutes chapter 13, any other applicable state statute, or any state rules
adopted to implement the act, as well as federal regulations on data privacy.
7. Entire agreement. This agreement contains the complete and entire agreement
among the parties relating to the subject matter hereof, and supersedes all prior
negotiations, agreements, representations and understandings, if any, among the
parties respecting such matters, and amendments, addenda, alterations, or
modifications to the terms and conditions of this agreement shall be in writing and
signed by both parties. The recitals stated at the outset are incorporated into and are a
part of the agreement.
8. Venue; governing law. Venue for any adjudication arising from this agreement will
be in the district court of Hennepin County, Minnesota, and the agreement will be
construed and governed by the laws of the State of Minnesota.
9. Waiver. The waiver by NMCWD or Hopkins of any breach or failure to comply with
any provision of this agreement by either or both of the other parties will not be
construed as nor will it constitute a continuing waiver of such provision or a waiver of
any other breach of or failure to comply with any other provision of this agreement.
10. Term; termination. This agreement is effective on execution by both parties and will
terminate on September 30, 2025, or on the written agreement of both parties, subject
to the terms herein.
IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed
intending to be bound thereby.
[Signature page follows.]
City of Hopkins-Nine Mile Creek Watershed District
ACE Internship Program
5
City of Hopkins
_______________________________ Date: _____________________
By _____________________________
Its _____________________
_______________________________ Date: _____________________
By _____________________________
Its _____________________
Approved as to form & execution:
_____________________________
City of Hopkins counsel
Nine Mile Creek Watershed District
_______________________________ Date: _____________________
Larry Olson, President
Approved as to form & execution
_____________________________
NMCWD counsel