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Home My WebLink About6.l. Restoration Contract with Friends of the Mississippi ;A6- ROSEM0UNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: July 15, 2014 AGENDA ITEM: Restoration Contract with Friends of the AGENDA SECTION: Mississippi (FMR) Consent PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. Director I ATTACHMENTS: Location map and agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve the attached Restoration Agreement between the City of Rosemount and the Friends of the Mississippi River (FMR) to restore the Wiklund Preserve. ISSUE In 2004 die City of Rosemount participated in the purchase of a 25 acre conservation easement from Aina Wiklund at 12110 Bacardi Avenue in Rosemount. Ms. Wiklund kept 10 acres for herself and donated 15 acres to the City of Rosemount for a nature preserve. The Natural Resources Management Plan for dhe property includes restoring the natural resources and removing invasive species on site. In 2005,the City received a DNR Remediation Grant for$45,000 to assist with initial restoration and removal of invasive species from the land donated to the City. For die past several years, FMR has coordinated volunteer efforts to continue with the restoration work. We are at a point in the restoration process where the needs are more than just the help of volunteers. City staff have worked with FNIR to create a plan where the City and FMR each would bring$5,000 to the restoration efforts for the Wiklund Preserve.The work that will be done with the proposed funding is exotic species brush control. Staff is proposing to use SKB tree and landscaping fiends that we receive on an annual basis for purchasing trees and landscaping materials. Loc-o4owi "4*P Dakota County, MN �. a� Mkt` 4 u ,qa+ • v. ti c u .. a tip.. ,,• j a � t w ._....hm:...., 1.._.__......._.... _ ... L.„ ..w ., .. .. ^^4� v..>x�i.. _. ..... it ...... .... .4R..,.„s,. ... ..?. ., ... .,,.....,.. Disclaimer;Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 871 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/8/2014 FRIENDS _ V151, Friends of the Mississippi River s! 360 N Robert Street,Suite 400•Saint Paul,MN 55101 .651/222-2193•Fax 651/222-6005 MISSISSIPPI RIVER Restoration Agreement between Friends of the Mississippi River and The City of Rosemount, MN I. Recitals This Agreement is between Friends of the Mississippi River(FMR) and The City of Rosemount, MN for the purposes of continuing the restoration and enhancement activities at the 26-acre Rosemount Wildlife Preserve, located at 12110 Bacardi Ave. Together,the Parties enter into this Agreement to mutually improve the natural communities within the Rosemount Preserve. Accordingly, FMR and City of Rosemount, MN operating under this Agreement agree as follows. II. Deliverables Using the Natural Area Management Plan that FMR developed for the site in 2005, FMR agrees to conduct the list of activities within the Rosemount Preserve as specified in Exhibits A(activity list and timeline spreadsheet) and B (map showing activity areas)as allowed with the available funding. These activities include: Removal of invasive trees and shrubs (pull or cut/treat with herbicide); Control of invasive herbaceous plants (pull, mow, or spot-treat with herbicide); Installation of native plants or seed; Prescribed burns of woodland and prairie areas; Using an adaptive management approach to enhancing the natural features of the site. FMR may find it necessary to use other techniques to achieve the goals presented in the management plan. FMR will consult with city staff prior to utilizing other techniques not specifically identified in this MOU. III. RESPONSIBILITIES Each party will appoint a person to serve as the official contact and to coordinate the activities of each organization in carrying out this MOU. The appointees of each organization are: 444959v1 MDT RS215-7 Friends of the Mississippi River The City of Rosemount Karen Schik,Senior Ecologist Dan Schultz,Parks&Recreation Director 360 North Robert Street,Suite 400. St. Paul,MN 55101 13885 South Robert Trail,Rosemount MN 55068-3438 651-222-2193 Ext. 15 651-322-6012 kschik @finr.org dan.schultz @ci.rosemount.mn.us The partnering organizations agree to the following tasks for this Agreement: FMR will: • Contribute approximately$5,000 to complete activities presented in Exhibit A. FMR's funds are provided by a grant from the Minnesota Environment and Natural Resources Trust Fund as recommended by the LCCMR. Funding for activities in subsequent years can be applied for in future grant cycles. FMR is committed to partnering with The City of Rosemount to restore and enhance the natural areas at this site. • Notify the city's designated contact when the contractor(s)plan to be on-site to conduct activities associated with this project. • Secure all permits, variances, and/or official permission required to conduct the activities. • Submit invoices in timely manner. • FMR guarantees that the work that it will do as part of this Agreement and according to the approved work plan will be done in accordance with applicable standards in a workman like manner. However, FMR disclaims and excludes any warranties of any kind including but not limited to fitness, whether implied or expressed, for a particular purpose or merchantability. • Provide a sign that LCCMR requires be displayed at the site. • Maintain adequate insurance to protect itself from claims and liability for all work performed by it and its respective employees or agents under this Agreement. • Comply with all laws that govern the City, including but not limited to the Minnesota Government Data Practices Act, records retention guidelines,non-discrimination and disability accommodation laws and guidelines. The City of Rosemount will: • Contribute up to $5,000 toward the completion of the restoration activities presented in Exhibit A. • Assist FMR in obtaining any necessary permits. • Be available to consult on the project. • Pay invoices promptly. • Grant permission to Friends of the Mississippi River and any contractors that it hires to conduct restoration/enhancement activities at this site and grant unobstructed access to the project site. • Conduct outreach required to inform neighborhood/community of the activities associated with this enhancement project. • The City of Rosemount acknowledges that the funds that FMR will use to conduct the restoration and enhancement activities were awarded through a grant from the Minnesota Environmental and Natural Resources Trust Fund. Use of these fiends has specific 444959v1 MDT RS215-7 requirements. In accepting the use of these funds at this site the City of Rosemount agrees to the following: • To maintain the project for a minimum of ten(10) years from the date of this signed agreement, or according to agreements with other jurisdictions, whichever is longer, to ensure that the conservation objectives of this agreement are met and maintained. • Maintenance will consist of retaining any installed planting/restoration work and not disturbing, degrading or removing it by other activities, including mowing. Plants installed in the restoration site and all other management activities, including use of herbicides, mowing, etc must comply with the Natural Area Management Plan. • If the City of Rosemount must temporarily impact the restoration site to respond to emergent issues affecting normal business activities,it is the responsibility of the City of Rosemount to ensure that the site will be restored to the pre-impact conditions as soon as possible, using its own funding. Consultation with FMR prior to any such work is strongly suggested, to ensure minimizing impacts and achieving proper mitigation. • If FMR or the City of Rosemount intends to conduct habitat restoration, enhancement or management activities that differ from the jointly approved management plan,the other party to this agreement must be consulted prior to implementing these changes to determine if the proposed activities are acceptable or a revised management plan is required. • Display an Environment and Natural Resources Trust Fun sign at the site. This sign will be provided by FMR. IV. TERM OF UNDERSTANDING This Agreement is effective upon execution by the parties and will be in effect for a period of two years or until the activities to be performed by FMR are completed,whichever occurs first. FMR may terminate this Agreement at any time, for any reason, upon days advance written notice to the City. The City may terminate this Agreement at any time, for any reason, upon days advance written notice to FMR. V. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective except as expressly set forth or incorporated herein. Changes to this Agreement must be in writing and signed by the official contacts from both organizations. VI. APPLICABLE LAW. This Agreement will be controlled and governed by the laws of Minnesota. VII. ASSIGNMENT. FMR may not assign this Agreement without first obtaining the express written consent of the City. If FMR procures the assistance of another individual or company to complete tasks, it must notify and receive approval from the City in advance. 444959v1 NIDT RS215-7 VIII. NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. IX. INDEMNIFICATION. The parties agree that each shall be responsible for its own acts and the results thereof. X. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts by the parties, each of which will be deemed an original, but all of which shall constitute one and the same instrument. XI. SEVERABILITY. Should any part of this Agreement be deemed illegal or non-binding by a court of law,the remainder of the Agreement shall remain in effect. XII. NOTICE. Any notices to the parties under this Agreement are deemed to have been given on the day the notice is deposited in the United States mail,registered or certified,to the following contacts: To City: Dan Schultz, Parks and Recreation Director, 13885 South Robert Trail, Rosemount, MN 55068-3438. To FMR: , 360 North Robert Street, Suite 400, St. Paul, MN 55101. Authorization On behalf of the organization I represent, I agree to fulfill my responsibilities outlined in this MOU. Whitney Clark Date: Executive Director Friends of the Mississippi River Dwight Johnson Date: City Administrator City of Rosemount 444959v1 MDT RS215-7 EXHIBIT A Restoration Activities This represents a list of tasks that have already been completed and ones that still will be completed in the timeframe of this MOU. Any task not completed in the next two years will have to be addressed in future MOU's. Season Activity Date Ac Spent Unfunded City of FMR- done Need Rosemount LCCMR15 2012&2013 Tasks completed Spot treat/mow invasive forbs throughout prairie. Note most Summer were detected near road edge. 6/27/12 6.9 $400.00 Fall Cut&stump treat exotic brush 10/4/12 17.7 $2,807.00 Multi-stem resprouts:cut in Jun-Oct spring,foliar in fall before burn. 6/27/12 18.3 $7,400.00 Vol event to pull weeds, pre- visit,event,eval after work May 23 done. 10/1113 $600.00 Ecological assessment and evaluation 2013 $760.00 Project mgmt, budget, hire, oversee contractor 2013 $507.00 Project supplies 2013 $50.00 Mileage 2013 $140.00 $12,664.0 Total 2012 0 2014 Project Needs Spot treat/mow invasive forbs in Summer prairie 7 $500.00 $500.00 Fall Follow up exotic brush control 18.3 $8,500.00 $4,200.00 $600.00 Fall or spring 2015 Rx woodland burn& 1/2 prairie 18.3 $3,400.00 $3,400.00 $12,400.00 $4,200.00 $4,500.00 Ecological&Project management 2014 Vol event to pull weeds, pre- visit,event,eval after work May 7 done. $600.00 Ecological assessment and evaluation $500.00 $500.00 Project mgmt, budget, hire, oversee contractor $800.00 $800.00 Total 2014 $600.00 $1,300.00 $800.00 $500.00 TOTAL $13,264.0 $13,700.00 $5,000.00 $5,000.00 444959v MDTRS215-7 EXHIBIT B Map 1. Target Plant Communities of Project Area IN III I �r I� x C 7.2 ac 0.1 ac 3 ac burn area 1. �.. 10. 'ac a ti d' g a � x x nP 4•` Herbaceous exotics " ± ' s Birdsfoot trefoil - 10 Spotted knapweed N ® 4Wd parsnip A1:2,800 1 inch =233 feet Mgmt Areas * 2012 Cut1treat buckthorn.Rx burn 2014 or 15 FMR Contact: 0 100 200 400 Karen Schik Feet spot-tr eat weeds 651-222-2193 x 15 Rx burn spr 2014 or 15