HomeMy WebLinkAbout6.f. Restoration Contract with Friends of the Mississippi River
EXECUTIVE SUMMARY
City Council Regular Meeting: November 5, 2018
AGENDA ITEM: Restoration Contract with Friends of the
Mississippi (FMR)
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
Director AGENDA NO. 6.f.
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, Friends of the Mississippi River (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 has worked with FMR to create a plan where the City would
bring a total of $5,000 to the restoration efforts ($2,500 in 2019 and $2,500 in 2020) and FMR would bring
$12,187 ($3,176 in 2019 and $9,011 in 2020). 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.
RECOMMENDATION
Staff recommends the Council approve the Restoration Agreement between the City of Rosemount and
the Friends of the Mississippi River (FMR) to restore the Wiklund Preserve.
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 (e.g. forestry mow, hand-pull, cut & treat with
herbicide);
Control of invasive herbaceous plants (e.g. pull, mow, 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
101 East Fifth Street, Suite 2000. St. Paul, MN 55101
651-222-2193 Ext. 15
kschik@fmr.org
The City of Rosemount
Dan Schultz, Parks & Recreation Director
13885 South Robert Trail, Rosemount MN 55068-3438
651-322-6012
dan.schultz@ci.rosemount.mn.us
The partnering organizations agree to the following tasks for this Agreement:
FMR will:
• In 2017-2018 FMR contributed approximately $19,000 to conduct activities presented in
Exhibit A. Additional funding will be sought in 2019 for continued management tasks,
through the Conservation Partners Legacy grant program of the DNR (funded through the
Minnesota Outdoor Heritage Fund), or other funding sources.
• 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 $2,500 in 2019 and $2,500 in 2020 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 _10__ days advance
written notice to the City. The City may terminate this Agreement at any time, for any reason,
upon __10__ 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, 101 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
Friends of the Mississippi River
__________________________________ Date:_________
Logan Martin
City Administrator
City of Rosemount
EXHIBIT A
Rosemount Preserve: Restoration Activities Accomplished 2017-2018
Draft Budget for Potential Tasks in 2019-2020
EXHIBIT B