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