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Home My WebLink About6.g. Restoration Contract with Friends of the Friends of the Mississippi RiverEXECUTIVE SUMMARY City Council Regular Meeting: May 16, 2017 AGENDA ITEM: Restoration Contract with Friends of the Mississippi River (FMR) AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. 6.g. ATTACHMENTS: Agreement APPROVED BY: LJM 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, the 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 the 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 the 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 FMR to create a plan where the City would bring a total of $5,000 to the restoration efforts ($2,500 in 2017 and $2,500 in 2018) and FMR would bring $19,008 ($9,619 in 2017 and $9,389 in 2018). The work that will be done with the proposed funding is exotic species removal and control, prescribed burns of woodlands and prairie areas and installation of native plants and seed suitable for the native plant communities. Staff is proposing to use SKB Tree and Landscaping funds that we receive on an annual basis for restoration and planting materials. 444959v1 MDT RS215-7 Friends of the Mississippi River 360 N Robert Street, Suite 400 • Saint Paul, MN 55101 • 651/ 222-2193 • Fax 651/ 222-6005 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) 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); Prescribed burns of woodland and prairie areas; Install native plants and seed suitable for the native plant communities; 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: Friends of the Mississippi River Karen Schik, Senior Ecologist 360 North Robert101 East Fifth Street, Suite 20400. St. Paul, MN 55101 651-222-2193 Ext. 15 kschik@fmr.org The CCity of Rosemount Dan Schultz, Parks & Recreation Director 13885 South Robert Trail, Rosemount MN 55068-3438 651-322-6012 dan.schultz@ci.rosemount.mn.us 444959v1 MDT RS215-7 The partnering organizations agree to the following tasks for this Agreement: FMR will:  Contribute approximately $19,0006,099 to complete conduct activities presented in Exhibit A. Funding is primarily from a grant awarded through the Conservation Partners Legacy grant program of the DNR, which is funded through the Minnesota Outdoor Heritage Fund.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 as project tasks are completed.  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.  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. 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 Formatted: Not Highlight 444959v1 MDT RS215-7 ____ days advance written notice to FMR. Upon termination, the City will compensate FMR for work successfully completed, up to the termination date. 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. 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: Karen Schik, Senior Ecologist, 360 North Robert Street, Suite 400101 East Fifth St, Suite 2000, St. Paul, MN 55101. Authorization On behalf of the organization I represent, I agree to fulfill my responsibilities outlined in this MOU. __________________________________ Date:_________ Whitney Clark Executive Director Formatted: Font: Times New Roman, 12 pt 444959v1 MDT RS215-7 Friends of the Mississippi River __________________________________ Date:_________ Logan Martin Dwight Johnson City Administrator City of Rosemount 444959v1 MDT RS215-7 EXHIBIT A Restoration Activities Rosemount Preserve Budget 2017-2018 Project cost below are estimates based on previous work. FMR will use a competitive bid process to hire a subcontractor to conduct restoration activities. CPL is the Conservation Partners Legacy grant program administered by the DNR. FMR was awarded this grant in 2017. ROSEMOUNT PRESERVE RESTORATION ‐ 2‐yr Budget Date Season Activity Ac $/ac Cost est CPL City of Rosemount 2017 Contract work Jul‐Sep Exotic brush control 16 $ 400.00 $ 6,400.00 $ 6,400.00 Fall (or spr '18) Rx burn woodland ‐ north 6 $ 500.00 $ 3,000.00 $ 3,000.00 $ 9,400.00 $ 9,400.00 Volunteer event Season activity no cost ea total Spr Native shrubs/wldlflowers (10 shrubs or 20 wildflowers) 10 10.00$ 100.00$ 100.00$ mulch 4 4.00$ 16.00$ 16.00$ Wooden fence stakes ‐ 6pk 4 $ 7.00 28.00$ $ 28.00 144.00$ $ 144.00 FMR staff Apr‐Dec Ecologist ‐hire, oversee $ 1,010.00 $ 1,010.00 May Vol event (see detail below) $ 1,490.00 $ 1,490.00 Mileage 75.00$ $ 75.00 2,575.00$ $ 75.00 $ 2,500.00 Total 2017 $ 12,119.00 2018 Contract work Jul‐Sep Exotic brush control 16 $ 350.00 $ 5,600.00 $ 5,600.00 Fall (or spr '19) Rx burn ‐ south 10 $ 350.00 $ 3,500.00 $ 3,500.00 9,100.00$ 9,100.00$ Volunteer event Season activity no cost ea total Spr Native shrubs/wldlflowers (10 shrubs or 20 wildflowers) 10 10.00$ 100.00$ $ 100.00 mulch 4 4.00$ 16.00$ $ 16.00 Fencing 1 70.00$ 70.00$ $ 70.00 Wooden fence stakes ‐ 6pk 4 $ 7.00 28.00$ $ 28.00 214.00$ 214.00$ FMR staff Apr‐Dec Oversee contractor, site eval $ 1,010.00 $ 1,010.00 May Vol event (see detail below) $ 1,490.00 $ 1,490.00 Mileage 75.00$ $ 75.00 2,575.00$ $ 75.00 $ 2,500.00 Total 2018 $ 11,889.00 2‐Year Total 24,008.00$ 19,008.00$ 5,000.00$ Formatted: Font: Bold Formatted: Left Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Font: Times New Roman 444959v1 MDT RS215-7 Formatted: Font: Times New Roman, Bold 444959v1 MDT RS215-7 EXHIBIT B 444959v1 MDT RS215-7 Map 1. Target Plant Communities of Project Area Formatted: Font: Times New Roman, Bold