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7.b) Proposed Memo of Understanding Between Friend and CityThis document shall represent a mutual understanding of a legal agreement between the City of Scandia (hereafter referred to as the City) and Friends of Scandia Parks and Trails (hereafter referred to as FSPT). SCOPE The scope of this project involves FSPT's coordinating the on-going maintenance of the existing first butterfly garden installed at Lilleskogen Park. The garden is about 2,000 sf, located at the far east end of the parking lot. The scope of this project shall include the installation of plant material, adding nutrients to the soil if needed, and annual maintenance. All work and actions shall be completed by volunteers associated with FSPT. 1) COMMUNICATION a) Both City and FSPT shall designate a single contact person to act as their representatives throughout the project. All communications, documents, etc., shall be coordinated through these individuals. b) Both the City and FSPT will notify the other if there are concerns or changes to plans for the garden. c) Contacts Contact for the City is: Adam Hawkinson 651.433.5223 (0), 651.325.5218 (C). a.hawkinson@ci.scandia.mn.us Contact for FSPT is: Karen Schik 651-433-5254 kaschi@frontier.com 2) PERMITS a) FSPT will file annual Volunteer Forms with the city to cover the annual activities of the organization. b) There are no other known local, state, or federal permits required for this activity. 3) OWNERSHIP/MAINTENANCE a) FSPT is responsible for primary maintenance for the community garden, including weeding, supplemental planting and watering, spring removal of dead material, wood chip mulch replacement. 1. Removal of weedy or undesirable species before they produce seed 2. Supplemental planting to fill in where plants have died. 3. Watering new plantings as needed. 4. Cutting dead plants in the SPRING before new plant growth begins. b) The City will contact FSPT prior to conducting any activities at the garden, including adding mulch, weeding or other activities that may impact the garden. c) The City will look for an opportunity to remove the pine trees on the east side of the garden, when soils are frozen and/or at least 3 inches of snow cover. d) FSPT will remove non-native woody shrubs from east of the garden (glossy and smooth buckthorn, black locust, etc) e) The City reserves the right to periodically inspect the butterfly garden to ensure proper maintenance practices are being followed. City shall notify FSPT immediately of any discrepancies in maintenance practices. City staff will work with FSPT to resolve any issues that may arise outside of weeding and re -planting. 4) MAINTENANCE SCHEDULE and TASKS a) FSPT will conduct at least bi-monthly monitoring of the garden during the growing season and will conduct weedy plant removal as needed. Weedy species include thistles, dandelion, tree seedlings, and all other undesirable native and non-native plant species. Weeds will be removed before they produce seed or become very large and unsightly. FSPT provides all tools and supplies needed. b) Installation of new plant material. All plants installed will be species native to Minnesota, with potentially up to 10 percent of the plants installed being species that are not native to MN but conducive to butterflies and on the list recommended by the UMN Extension, MN DNR or other recognized authority. 5) PLANTING PLANS a) Replacement plant species installed will include those listed in the attached document (Replacement Plants for Lilleskogen Butterfly Garden). FSPT reserves the right to substitute different species, as determined to be most suitable for the site conditions or as determined to be most optimal for butterflies. b) FSPT seeks to maintain a diversity of species, with at least 3 species blooming in each season (spring, summer, fall) and at least 12 flowering species total. No one species will be allowed to dominate the site by more than 25 percent. c) FSPT will follow the initial planting plan for the garden by establishing short plants along the front edge, medium height plants in the middle, and tall plants in the back. Further, plants will be selected to "tie in" to the Vet Memorial, such as prairie dropseed along the front edge. To the extent possible, tall plants near the front will be moved back. d) The City will recognize that the Butterfly Garden was not intended to be a formal planting and will not have ah highly manicured appearance. 6) PROJECT OUTCOMES AND WARRANTIES a) FSPT cannot ensure survival of all plants installed. Due to the nature of the compacted soils, FSPT cannot ensure the garden will be fully densely populated within a given time period, but will seek to create best possible growing conditions and success of the garden. b) If the garden is not thriving within 4 years (2021), further discussion will be needed on the future plans for the garden. 7) TERMINATION - Both FSPT and City reserve the right to terminate this agreement at any time. 1. Termination Request- Request for termination shall be submitted in writing to the other party involved in this agreement. 2. Should the City determine the butterfly garden is no longer suitable for this location, FSPT reserves the right to remove and relocate the plant material. 3. Should FSPT request termination of this agreement, the City assumes all rights to the plant material and the future plans for the garden.