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HomeMy WebLinkAbout6.l. 2005 DNR Remediation Grant AgreementAGENDA ITEM: 2005 DNR Remediation Grant Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks Recreation Director AGENpftI #6 L ATTACHMENTS: DNR Remediation Grant Agreement APPROVED BY: /J�� 7 RECOMMENDED ACTION: Motion to approve the execution of the 2005 DNR 1� Remediation Grant Agreement for the restoration of 10.5 acres of woodlands on a portion of the property donated to the City by Aina Wiklund. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: October 18, 2005 EXECUTIVE SUMMARY ISSUE In April of 2005 the City apphed for a DNR Remediation Grant to restore 10.5 acres of woodlands that were a part of the property donated to the City by Aina Wildund. Staff recently received notice that we are being awarded a grant for $40,000 to complete the restoration. The City does not need to provide a match for the grant funds. BACKGROUND The City of Rosemount recently participated m the purchase of a conservation easement from Aina Wildund at 12110 Bacardi Avenue m Rosemount. Ms Wildund then split her property and donated 15 of her 25 acres to the City. The Management Plan for the property includes restoring the natural resources and removing invasive species on site. The Remediation Grant Program provides funding to acquire, restore and protect lands damaged by the release of hazardous substances from closed Landfills The City did submit a DNR Remediation Grant in 2004 for acquiring and protecting open space but did not qualify for the funding The 2005 DNR Remediation Grant Program has been expanded to include money for restoration. In April of 2005 the City apphed for a DNR Remediation Grant to restore 10 5 acres of woodlands as per the management plan SUMMARY Staff is recommending the City Council approve the execution of the 2005 DNR Remediation Grant Agreement for the restoration of 10.5 acres of woodlands on a portion of the property donated to the City by An Wiklund Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Conimodity Code Commodity Code Commodity Code: Object Code 5B00 Object Code Object Code Fund 331 Fund: Fund: Appr: 030 Appr: Appr: Org/Sub E760 Org/Sub Org/Sub. Activity: Activity: Activity: Project: Project: Project Rpt Cat. Rpt. Cat. Rpt. Cat Amount: $40,000.00 Amount: Amount: Agency. R29 Fiscal Year: 2006 Vendor Number: 044060001 00 Total Amount of Agreement: $40,000 Amount of Agreement First FY: $40,000 State Accounting Information: CFMS Contract No. A82091 State Accounting Information: Begin Date: September 7, 2005 End Date December 31, 2007 Grantee Name and Address for fling and payment purposes: Grant (Rev. 7/04) Mr. Dan Schultz Director of Parks and Recreation City of Rosemount 13885 So Robert Trail Rosemount, MN 55068 -34 STATE OF MINNESOTA Remediation Fund Grant Agreement Wiklund Woodland Restoration RM06 -006 Agency Contract Identification No.: RM06-006 State Accounting Information: CFMS Contract No. A82091 Agency Contract Identification No.: RM06 -006 REMEDIATION FUND GRANT AGREEMENT RM06 -008 This grant agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources, "State and a local government unit, City of Rosemount, 13885 S. Robert Trail, Rosemount, MN 55068 -34 "Grantee Recitals 1. Under Minn. Stat. 84.026 the State is empowered to enter into this grant. 2. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Grant Agreement 1. Term of Grant Agreement This Grant shall perform the activities outlined in the approved project scope during the period from September 7, 2005, and shall remain in effect until December 31, 2007, or until all obligations set forth in this Grant Agreement have been satisfactorily fulfilled, whichever occurs first No Grant reimbursements will be made until or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, subd. 2, whichever occurs later. 2. Grantee's Duties The Grantee shall perform the work described in Attachment A that is incorporated by reference and made a part of this agreement. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. 4. Consideration and Payment 4.1 Consideration. The State will reimburse the Grantee under this grant agreement as follows: 4.1.1 Reimbursement. The Grantee will be reimbursed according to the breakdown of costs contained in Attachment A, which is attached and incorporated into this grant agreement. 4.1.2 Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant agreement will not exceed 40,000.00. 4.2 Matching Requirements The total cost of the project is $40,000.00 and the Grantee will provide matching funds totahng $0.00 from non -state sources. 4.3 Payment 4.3.1 Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted, on or before June 30, 2008. Invoices must include copies of appropriate documentation to prove the work has been completed. Grant (Rev. 7/04) 2 State Accounting Information: CFMS Contract No A82091 Agency Contract Identification No.: RM06 -006 5. Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative is Audrey Mularie, Grants Manager, (651) 259 -5549, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Dan Schultz, 13885 S Robert Trail, Rosemount, MN 55068- 34, 651- 322 -6012. If the Grantee's Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the State 7. Assignment, Amendments, Waiver, and Grant agreement Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 7.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it. 7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. 8. Liability and Insurance 8.1 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. Grant (Rev. 7/04) 3 State Accounting Information: CFMS Contract No. A82091 Agency Contract Identification No.: RM06-006 9. State Audits Under Minn. Stat. 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. 10. Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. A copy of any publicity shall be furnished to the State's Authorized Representative upon its release. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant agreement. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 12.3 Acknowledgement. The grantee must acknowledge the Remediation Fund Grant Program the Minnesota Depai tment of Natural Resources in any publicity or publication developed for the grant agreement. 13. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination by the State The State may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Grant (Rev_ 7/04) 4 State Accounting Information: CMS Contract No. A82O91 Agency Contract Identification No.: RMO6 -006 15. Data Disclosure Under Minn. Stat. 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax retums and pay delinquent state tax liabilities, if any. 16. Land Retention Requirements 16.1 Conversion of use It is the intention of the State that the property acquired and /or restored under this agreement shall exist in the Grantee's ownership and be maintained and managed consistent with the purpose and type of property to properly protect the natural and/or scenic resources in perpetuity. The Grantee shall not at any time convert any property acquired or developed pursuant to this agreement to uses other than the permitted uses specified in this agreement without the prior written approval of the State. Grant (Rev 7/04) The State will consider a conversion request only after the following pre requisites have been met: 16.1.1 All practical alternatives to the conversion have been evaluated and rejected on a sound basis; 16.1.2 The Grantee has agreed to replace the converted lands with other lands of at least equal fair market value and reasonably equivalent natural and or scenic resources as determined by the State The State shall have the authority to approve or disapprove conversion requests. 16.2 Deed Restriction The Grantee shall have the following condition recorded with the deed of the property acquired with funds from the Remediation Fund Grant Program as it was described in this agreement and submit an attested copy of the deed and the condition to the State: In order to comply with the Department of Natural Resources Remediation Fund Grant Program Agreement Number RM06 -006 the City of Rosemount does hereby impose the following restrictions on the property: 1. The property shall be managed and maintained consistent with the purpose and type of property acquired using appropriate management and protection practices to protect the natural resources. 2. The Grantee shall not at any time convert any portion of the acquired property to uses other than permitted in this Agreement without the prior wntten approval of the State. 3. This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, 5 State Accounting Information: CMS Contract No. A &2091 Agency Contract Identification No.: RM06-006 pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Commissioner of Natural Resources. If the holder of the interest in real property fails to comply with the terms and condition of the grant agreement, ownership of the interest in real property shall transfer to this state. 17. Resource Management and Protection The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired pursuant to this Agreement. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Failure to adequately manage, maintain and properly protect the resources and property acquired through this Agreement may result in the withholding by the State of any current or future payments to the Grantee related to this or any other Remediation Fund projects and may result in ineligibility of the Grantee to receive future Remediation Fund grants. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. 18. Native Plant Species Vegetation planted must be native to Minnesota and preferably of the local ecotype unless the project approved by the State expressly allows the planting of species that are not native to Minnesota. 19. Inspections The State's authorized representatives shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this Agreement, including a final inspection upon project completion. Following closure of the project, the State's authorized representatives shall be allowed to conduct post completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 20. Other Provisions A copy of this agreement and all incorporated elements shall be permanently maintained on file by the Grantee. Grant (Rev 7/04) 6 State Accounting Information: CFMS Contract No. A82091 L STATE ENCUMBRANCE VERIFICATION Individual certes that funds 'ave been encumbered as required by, inn Stet 16A.1 d 16C 05. Signed i A.� s Date: CFMS Grant agreement No A82091 2. GRANTEE: City of Rosemount The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title Date Distribution: Agency Grantee State's Authorized Rep. Photo Copy Grant (Rev. 7/04) Agency Contract Identification No.: RM06A06 3. STATE AGENCY: Natural Resources By: (with delegated authority) Title: Date: 7 Recipient: City of Rosemount Grant: RM06 006 Wiklund Woodland Restoration Grant Amount $40,000 Project Description: Restore 10 5 acres of woodland. Invasive exotic woody shrubs will be cut and the stumps will be treated with herbicide and/or controlled by prescribed burning. Seedlings will be sprayed with herbicide Native shrubs will be planted in selected areas to replace the exotic shrubs that were removed. Notes Conditions: Project Components Estimated Total Cost Exotic shrub control $18,300 Exotic wetland control $1,300 Prescribed bum $7,400 Native Plants $6,000 Native woodland seed $7,000 Total Cost $40,000 09/09/2005 Attachment A Project Budget