HomeMy WebLinkAbout6.g. Great River Greening Cooperative Agreement – Carroll’s Woods and Schwarz Pond Park Restoration
E X E C U T I V E S U M M A R Y
City Council Regular Meeting: January 2, 2019
AGENDA ITEM: Great River Greening Cooperative
Agreement – Carroll’s Woods and
Schwarz Pond Park Restoration
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGENDA NO: 6.g.
ATTACHMENTS: Cooperative Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve entering into a Cooperative Agreement with
Great River Greening to receive $103,000 for restoration work to be done in Carroll’s
Woods and Schwarz Pond Park.
BACKGROUND
In 2018, City staff worked with Great River Greening (Greening) to apply for funding to help with the
restoration of Carroll’s Woods and Schwarz Pond Park. The City and Greening requested $103,000 from
the MN Department of Natural Resources. The City currently has money encumbered for the restoration
of the Carroll’s Woods and Schwarz Pond Park to use as matching funds for the grant. We were successful
in receiving the funding and with approval of the Cooperative Agreement, we will start the outreach
portion of the public engagement process this winter/spring.
Staff chose to work with Greening because of their strong background in public engagement and
successful restoration projects in the metro area.
Greening is a non-profit 501 (c)(3) conservation organization based in St. Paul, Minnesota and is organized
for the purpose of restoring natural areas and open spaces through community engagement.
Greening has received as an appropriation under Minn. Laws 2018, Regular Session, Chapter 208, Article
1, Section 2, Subd 5(a) Metro Big Rivers Phase 8, $700,000 from the fund to the Commissioner of Natural
Resources for an agreement to acquire land in fee and permanent conservation easements and to restore
and enhance natural systems associated with the Mississippi, Minnesota and St. Croix Rivers in the
metropolitan area and as provided in Minnesota Statutes, section 84.026. $103,000 of Greening’s
appropriation is set to be used in Rosemount.
RECOMMENDATION
Staff recommends the City Council approve entering into a Cooperative Agreement with Great River
Greening to receive $103,000 for work to be done to assist with the restoration of Carroll’s Woods and
Schwarz Pond Park.
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GREAT RIVER GREENING
COOPERATIVE AGREEMENT
THIS AGREEMENT, hereinafter referred to as “Agreement”, is m ade on the 20th of November, 2018, by and
between the CITY OF ROSEMOUNT, hereinafter referred to as “Rosemount” and GREAT RIVER GREENING,
hereinafter referred to as the “Greening”.
RECITALS:
Greening is a non-profit 501 (c)(3) conservation organization based in St. Paul, Minnesota organized for the
purpose of restoring natural areas and open spaces through community engagement; and
Greening has received as an appropriation under Minn. Laws 2018, Regular Session, Chapter 208, Article 1,
Section 2, Subd 5(a) Metro Big Rivers Phase 8, $700,000 is from the fund to the commi ssioner of natural
resources for an agreement to acquire land in fee and permanent conservation easements and to restore and
enhance natural systems associated with the Mississippi, Minnesota and St. Croix Rivers in the metropolitan
area and as provided in Minnesota Statutes, section 84.026. As a recipient of this funding, Rosemount is subject
to the terms as described in Exhibit A.
Whereas, both parties seek to enter into an agreement for the purpos e of enhancing Carroll’s Woods and
Schwarz Pond Park.
Greening desires to contribute $103,875.00 towards the partnership project; and Rosemount desires to
contribute $100,000.00 towards the partnership project; and Rosemount seeks to enter into an agreement with
Greening for the purpose of detailing partnership contributions and the provision of Technical Services in
support of the Carroll’s Woods Schwarz Pond Park Oak Woodland Enhancement.
NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this
agreement, Rosemount and Greening hereby agrees as follows:
SCOPE OF AGREEMENT:
The scope of services is outlined below in the following text, and is further expanded upon in Exhibit B, Scope of
Services. Enhance 67 acres of oak forest through invasive species managemen t and thinning of less desirable
tree species.
Greening agrees to provide the following list of services for the enhancement of Carroll’s Woods and Schwarz
Pond Park:
Project and subcontractor coordination to release existing oaks from competitive and invasive woody
species through technical assistance in developing and evaluating RFPs.
Implementation of one volunteer event.
Grant management and reporting.
Rosemount agrees to provide the following list of services for Carroll’s Woods and Schwarz Pond Park:
A completed site inventory and natural resources management plan.
Outreach and communication to park users and the local community to build awareness of the project
and address concerns as they arise.
COMPENSATION AND TERMS OF PAYMENT:
Compensation
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The Parties agree that Greening will complete or arrange for services to be completed under this Agreement.
The cost of such services will be funded by joint contributions of the parties.
Rosemount’s contributions/compensation under this agr eement shall be paid to Greening on the basis of hourly
rates for services according to rates shown in Exhibit B attached herein, plus expenses and construction costs
necessary to complete the project described in Exhibit B Scope of Services of this contract, not to exceed
$100,000.00.
Greening shall contribute $103,875.00 match to Rosemount’s contribution over the course of the project. After
Rosemount’s contribution, Greening shall assume fiscal responsibility for all services completed under this
agreement. Greening’s financial obligation, as set out above, shall be in accordance with the 2018 Outdoor
Heritage Fund Metro Big Rivers Phase 8 which is attached and incorporated herein as Exhibit A, and may be
met through actual payment for services to a third party or calculation of the value, on an hourly basis, for “in -
kind” services provided.
Terms of Payment Invoicing
Rosemount agrees to contribute $100,000.00 of match where Greening will invoice Rosemount on a monthly
basis upon completion of work .
EFFECTIVE DATE OF CONTRACT
This agreement shall be effective November, 20, 2018 upon execution by both parties and approval of the
Rosemount City Council.
TERM OF CONTRACT
This agreement shall remain in effect until June 15, 2023, or until all obligations set forth in this agreement have
been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first.
NOTICES
Rosemount The parties shall appoint an authorized agents for the purpose of administration of this agreement.
Greening is notified of tThe authorized agents of Rosemount are as follows:
PARTNER PARTNER
City of Rosemount Great River Greening
Authorized Contact Authorized Contact
Dan Schultz Rebecca Tucker
Address Address
13885 South Robert Trail
Rosemount, MN 55068
251 Starkey Street, Suite 2200
St Paul, MN 55107
Contact Phone Number Contact Phone Number
(651) 322-6012 (651) 272-3982
Email Address Email Address
dan.schultz@ci.rosemount.mn.us rtucker@greatrivergreening.org
PARTNER AND STATE AUDIT
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2007), the books, records, documents , and accounting
procedures and practices of Greening relative to this agreement shall be subject to examination by Rosemount
and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall
be kept by Greening for a minimum of six (6) years following termination of this agreement for such auditing
purposes. The retention period shall be automatically extended during the course of any administrative or
judicial action involving Rosemount regarding matters to which the records ar e relevant. The retention period
Commented [TMD1]: I deleted this because it is repetitive
of above.
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shall be automatically extended until the administrative or judicial action is finally completed or until the
authorized agent of Rosemount notifies Greening in writing that the records need no longer be kept.
INDEMNITY
Both Greening and Rosemount the agrees to defend, indemnify, and hold one another Rosemount, it’s
employees, agents, and officials harmless from any claims, demands, actions or causes of action, including
reasonable attorney’s fees and expenses resulting directly or indirectly from any negligent act or omission on
the part of the Greening, or its subcontractors, partner s or independent contractors or any of their agents or
employees, in the performance of or with relation to any of the work or services to be performed or furnished by
the vendor or the subcontractors, partners or independent contractors or any of their ag ents or employees under
the agreement.
Greening shall be responsible for the professional quality, technical accuracy, and the coordination of all
services furnished by Greening under this agreement. Greening shall, without additional compensation, corr ect
or revise any errors or deficiencies in Greening's final reports and services.
Rosemount agrees to defend, indemnify, and hold Greening, and its employees and agents harmless from any
claims, demands, actions or causes of action, including reasonabl e attorney’s fees and expenses ,
resulting directly or indirectly from any negligent act or omission on the part of Rosemount, its employees,
agents or officials in the performance of any of the service s to be performed by Rosemount under this
agreement.
SUBCONTRACTS
Greening shall ensure and require that any subcontractor agrees to and complies with all of the terms of this
agreement. Any subcontractor of Greening used to perform any portion of this agreement shall report to and bill
Greening directly. Greening shall be solely responsible for the breach, performance or nonperformance of any
subcontractor.
FORCE MAJEURE
Rosemount and Greening agree that Greening shall not be liable for any delay or inability to perform this
agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood,
breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause
beyond reasonable control of Greening and Rosemount.
DATA PRACTICES
Greening, its agents, employees and any subcontractors of Greening, in providing all services hereunder, agree
to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended,
and Minn. Rules promulgated pursuant to Ch. 13. Greening understands that it must comply with these
provisions as if it were a government entity. Greening agre es to indemnify and hold Rosemount, its officers,
department heads and employees harmless from any claims resulting from the Greening’s unlawful disclosure,
failure to disclose or use of data protected under state and federal laws.
TERMINATION
This agreement may be terminated by either party, with or without cause upon 30 days written notice to
Greening or the Authorized Agent of Rosemount. This Agreement may also be terminated by Greening upon
seven-day written notice to Rosemount in the event that Project funding is disrupted or terminated.
INDEPENDENT CONTRACTOR
Greening and its employees, agents, subcontractors, and representatives shall not be considered employees,
agents or representatives of Rosemount. Except as otherwise provided herein, Greening shall maintain, in all
respects, its present control over the means and personnel by which this agreement is performed. From any
amounts due Greening, there shall be no deduction for federal income tax, FICA payments, state income tax, or
for any other purposes which are associated with an employer/employee relationship unless otherwise required
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by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes,
and other payroll deductions and taxes are the sole responsibility of Greening.
1 . Insurance
Greening shall not commence work under this agreement until it has obtained, at its own cost and
expense, all insurance required herein. All insurance coverage is subject to approval of Rosemount and
shall be maintained by Greening until final completion of the work.
a. Workers' Compensation
1) State: Minnesota – Statutory
2) Employer's Liability with minimum limits of:
Bodily Injury by Accident: $100,000 each Accident
Bodily Injury by Disease: $100,000 each Employee
Bodily Injury by Disease: $500,000 policy limit
3) Benefits required by union labor contracts: as applicable
In the event Greening is a sole proprietor and has not elected to provide workers' compensation
insurance, Greening shall be required to execute and submit an affidavit of sole proprietorship in a
form satisfactory to Rosemount before entering into the agreement.
b. Commercial General Liability
Including Premises, Operations, Products, Completed Operations, Advertising, and Personal Injury
Liability, with the following minimum limits of liability:
$2,000,000 Aggregate
$2,000,000 Products & Completed Operations Aggregate
$1,000,000 Personal Injury & Advertising Injury
$1,000,000 Occurrence
$ 100,000 Fire Damage Limit
$ 5,000 Medical Expense
Policy should be written on an occurrence basis and include explosion, collapse and underground.
Rosemount must be named as an additional insured.
c. Commercial Auto Liability
Automobile Liability should include Hired and Non -Owned, and Rosemount should be named as an
additional insured.
Minimum limits of liability shall be:
If split limits: $1,000,000 each person/$1,000,000 each occurrence for Bodily Injury
$1,000,000 each occurrence for Property Damage
If combined single limit: $1,000,000 per occurrence
2. Notices
Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope,
postage prepaid, and depositing the same with the United States Postal Service, addressed to the
respective party’s Greening at its address stated herein, and to the authorized agent of Rosemount at the
address stated herein.
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3. Controlling Law
The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity
and construction of this agreement, the legal relations between the parties and performance under the
agreement. The appropriate venue and jurisdiction for any litigation hereunder will be those courts
located within the Dakota County or Rosemount, State of Minnesota. Litigation, however, in the federal
courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any
provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
4. Successors and Assigns
Rosemount and Greening, respectively, bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this agreement and to the partners, successors, assigns, and legal
representatives of such other party with respect to all cov enants of this agreement. Neither Rosemount
nor Greening shall assign, sublet, or transfer any interest in this agreement without the prior written
consent of the other.
5. Equal Employment and Americans with Disabilities
In connection with the work under this agreement, Greening agrees to comply with the applicable
provisions of state and federal equal employment opportunity and nondiscrimination statutes and
regulations. In addition, upon entering into this agreement, Greening certifies that it has b een made fully
aware of Greening's Equal Employment Opportunity and Americans with Disabilities Act Policy, attached
hereto and incorporated herein as Exhibit A through both oral and written communications Rosemount’s
policies with respect to equal employment and compliance with federal and state nondiscrimination laws ,
that it supports this policy and that it will conduct its own employment practices in accordance therewith.
Failure on the part of the Greening to conduct its own employment practices in accordance with applicable
laws and Rosemount Policy policies may result in the withholding of all or part of regular payments by the
County City and/or a suspension or termination of this agreement, due under this agreement unless or
until Greening complies with the Partner all applicable laws and policies policy, and/or suspension or
termination of this agreement.
6. Changes
The parties agree that no change or modification to this agreement, or an y attachments hereto, shall have
any force or effect unless the change is reduced to writing, dated, and made part of this agreement. The
execution of the change shall be authorized and signed in the same manner as for this agreement.
7. Severability
In the event any provision of this agreement shall be held invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability would
cause the agreement to fail its purpose. One or m ore waivers by either party of any provision, term,
condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the
same by the other party.
8. Entire Agreement
It is understood and agreed that the entire agreement of the parties is contained herein and that this
agreement supersedes all oral agreements and negotiations between the parties relating to the subject
Commented [TMD2]: I think this is intended to say
“Rosemount’s” policy, not Greening’s policy. There is also an
incorrect reference to Exhibit A because Ex. A is the Grant
information. There is no EEO or ADA policy attached.
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matter hereof as well as any previous agreements pr esently in effect between Rosemount and Greening
relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
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PARTNER:
BY: ___________________________
NAME: ___________________________
TITLE: ___________________________
DATE: ___________________________
GREAT RIVER GREENING:
BY: ___________________________
NAME: _Deborah Karasov____________
TITLE: _Executive Director___________
DATE: ___________________________
GRANT MANAGER INT: ________
FINANCIAL OFFICER INT: ________
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Exhibit A: Grant Specific Information or Agreement
State of Minnesota – 2018 Outdoor Heritage Fund
Metro Big Rivers Habitat – Phase 8
Grantee Landowner
Great River Greening City of Rosemount
251 Starkey St., Suite 2200 2875 145th Street West
Saint Paul, MN 55107 Rosemount, MN
(651) 665-9500 (651) 423-4411
Great River Greening has received as an appropriation under Minn. Laws 201 8, Regular Session, Chapter 208,
Article 1, Section 2, Subd 5(a) Metro Big Rivers Phase 8, $700,000 is from the fund to the commissioner of
natural resources for an agreement to acquire land in fee and permanent conservation easements and to
restore and enhance natural systems associate d with the Mississippi, Minnesota and St. Croix Rivers in the
metropolitan area and as provided in Minnesota Statutes, section 84.026.
As a recipient of this funding, the Landowner is subject to the terms below:
COMPLIANCE
The Landowner acknowledges that these funds are proceeds from the State of Minnesota Outdoor Heritage
Fund which is subject to certain legal restrictions and requirements, including Minnesota Statutes Chapter
116P. The Landowner is responsible for compliance with this and all other relevant state and federal laws
and regulations in the fulfillment of the Project.
LIABILITY
The Landowner must indemnify, save, and hold the State, its agents, and employees harmless from any
claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of
this grant agreement by the Grantee or the Grantee’s agents or employees. The Landowner’s duty to
indemnify does not apply to claims or causes of action arising out of int entional or willful misconduct 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.
ACCESS AND MONITORING
The Landowner agrees to allow the Recipient and the State access at any time to conduct periodic site visits
and inspections to ensure work progress in accordance with this grant agreement, including a final
inspection upon program completion. At least one monitoring visit per grant period on all state grants of over
$50,000 will be conducted and at least annual monitoring visits on grants of over $250,000.
Following closure of the program, the State’s authorized representatives shall be allowed to cond uct 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.
ACKNOWLEDGMENTS AND ENDORSMENT
Acknowledgment. The Landowner must acknowledge financial support from the Outdoor Heritage Fund in
program publications, signage and other public communication and outreach related to work completed
using the appropriation. Acknowledgment may occur, as appropriate, throug h use of the fund logo or
inclusion of language attributing support from the fund.
Endorsement. The Landowner must not claim that the State endorses its products or services.
ECOLOGICAL AND RESTORATION PLAN
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For all restorations, the Grantee in coordination with the Landowner must prepare and retain an
ecological restoration and management plan that, to the degree practicable, is consistent with current
conservation science and ecological goals for the restoration site. Consideration should be given to
soil, geology, topography, and other relevant factors that would provide the best chance for long -term
success and durability of the restoration. The plan must include the proposed timetable for
implementing the restoration, including, but not limited to, s ite preparation, establishment of diverse
plant species, maintenance, and additional enhancement to establish the restoration; identify long -
term maintenance and management needs of the restoration and how the maintenance, management,
and enhancement will be financed; and use current conservation science to achieve the best
restoration.
Long Term Management
As a partner with Great River Greening, the Landowner commits to maintaining the investment put
forward over time.
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Exhibit B: Scope of Services and Greening Hourly Rates
Enhancement of a minimum of 67 acres of oak forest through invasive species management and thinning
of less desirable tree species (see Exhibit C for project boundary and management unit maps,
nomenclature largely derived from the provided Natural Resources Management Plan).
Management Unit 1, Oak Woodland (Mature) -
Woody invasive removal through a combination of forestry mowing, hand cutting, and
stump treating to prevent resprouting.
Follow up herbicide treatment.
Reseed bare soils with a diverse, inexpensive native graminoid mix.
Management Unit 2, Oak Woodland (Mature) -
Same actions as described for the previous unit.
Management Unit 3, Oak Woodland (Young) -
Same actions as described for the previous unit.
Management Unit 4, Shrub-Scrub / Grassland Mosaic -
Same actions as described for the previous unit.
Management Unit 5, Shrub-Scrub / Grassland Mosaic -
Same actions as described for the previous unit.
Development and implementation of one volunteer event.
Project oversight by GRG staff ecologist.
Management and reporting to the State of Minnesota on outcomes related to the Lessard -Sams
Outdoor Heritage Fund grant.
GRG will work with Rosemount staff to facilitate enhancement activities to minimize impact to trail
users and trail closures.
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Exhibit C: Maps
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