9.a Draft agreement with Friends of Scandia Parks & Trails
Staff Report
Date of Meeting: March 20, 018
To: City Council
From: Neil Soltis, Administrator
Re: Discussion on agreement with Friends of Scandia Parks and Trails for prairie planting on a
portion of city-owned property at 20780 Olinda Trail
Background: At the March work session Lisa Schlingerman and Cristina de Sobrino presented a
concept proposal on behalf of the Friends of Scandia Parks and Trails to install a prairie planting on
0.25 acres of the city-owned parcel that was formerly the Rasmussen home site, 20780 Olinda Trail.
The project would include site preparation and plantings to be developed by Prairie Restorations
and monitoring and maintenance by the Friends. The Council was in consensus to direct staff to
prepare a memo of agreement for consideration at their March 20th meeting.
The draft agreement that follows this report is based on the agreement with the Soaring Eagles 4 -H
and Friends for the plantings on City property located at the southeast corner of Oren Road/Olgilvie
Avenue, in the Swenson’s Goose Lake Farm Estates development.
Issue: Should the City approve the agreement for the planting on City property.
Fiscal Impact: Under the terms of the agreement all project costs for the installation and
maintenance of the project be borne by FSPT, and not the City.
Options:
1. Approve agreement 195 as drafted
2. Amend the agreement
3. Defer action pending further discussion
4. Take no action on the agreement
Recommendation: Option 1
RASMUSSEN PRAIRIE PLANTING PROJECT AGREEMENT
This Rasmussen Prairie Planting Project Agreement (the “Agreement”) shall be effective on the
___________day of __________, 2018, by and between the Friends of Scandia Parks and Trails,
a Minnesota non-profit corporation, hereinafter referred to as “FSPT” and the City of Scandia, a
municipal corporation and political subdivision located in the County of Washington, State of
Minnesota, hereinafter referred to as “City”.
In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by
and between the parties hereto as follows:
1. Project. FSPT proposes to install a prairie planting on a portion of City-owned land located at
the northwest corner of Olinda Trail and 205th St. (referred to herein as the “Site,” 20780 Olinda
Trail - tax parcel 23.032.2022.0004) (the “Project”). The Project is visually depicted on Exhibit A
attached hereto. This Project is intended to serve as a gateway to the City and would be
consistent with Resolution No. 02-16-16-08, participating in and endorsing pollinator friendly
efforts.
2. Project Budget and Cost Participation. All costs for the installation and maintenance of the
Project will be borne by FSPT, and not the City.
3. Installation. FSPT will hire Prairie Restorations, Inc. (PRI) to prepare the Site, install the seed,
and ensure its establishment. Site preparation consists of a combination of herbicide
application, burning and mowing. PRI warranties that by the end of the third growing season,
beginning with the 2018 growing season, it will achieve the following goals: (i) 90% coverage or
better on the Site of native prairie plant species; (ii) at least three species will be flowering in
spring, summer and fall; and (iv) no noxious weeds, as defined by the Minnesota Department of
Agriculture, will be present. If these goals are not achieved, PRI warranties it will continue
Project work until criteria are met. For purposes of the responsibilities and obligations of PRI in
this paragraph, PRI is a third-party beneficiary of this Agreement.
4. Volunteers. While the City has no financial responsibility to install and maintain the Project, as
further provided in paragraph 2 of this Agreement, the parties hereto understand and
acknowledge that volunteers, whether explicitly or loosely affiliated with the City or FSPT, may
maintain the Site and the Project from time to time. Volunteers affiliated with FSPT are subject
to any policies or procedures related to volunteers established by FSPT. The City has no
responsibility or obligation to organize or direct FSPT volunteers. Volunteers affiliated with the
City are subject to the document “Volunteer Policies and Procedures of the City o f Scandia,” as
may be further amended or supplemented, a current copy of which is on file with the City.
5. Maintenance of Project. The City shall have no obligation for any future replacements,
additional improvements, or short-term and long-term maintenance of the Project.
a. Short-term Maintenance. Short-term project maintenance by FSPT/PRI will occur
through the third growing season and will consist of the actions described in Paragraph
3, spot-spraying and/or spot-mowing weeds, and a prescribed burn during the third
growing season.
b. Long-term maintenance. At the end of three growing seasons, FSPT will have primary
responsibility for maintenance of the Project and the Site in perpetuity. Collaborative
efforts for future maintenance may including the following possibilities:
i. Ideally the Site should be burned every 3-5 years to maintain it. This may be an
opportunity for the Scandia Fire Department to burn it for a training exercise. FSPT will
communicate with the Fire Department as the need arises; however, the Fire
Department is under no obligation to conduct a controlled burn on the Site. Any
controlled burns coordinated by FSPT shall be approved by the Scandia City Council
under a separate agreement.
ii. In the event that prescribed burning is not feasible, the area on the Site may be mowed
by FSPT or FSPT volunteers.
iii. FSPT and FSPT members will hand-pull invasive species and noxious weeds as needed.
In the unlikely event that all involved parties depart at some distant future date and
there is no longer a maintenance effort from FSPT or the community, the native
plantings will persist long into the future.
6. Project Duration. The Project will be initiated as soon as possible in spring 2018 and
substantially completed by October1, 2018.
7. Indemnity. FSPT will be responsible for damage, loss or injury caused by FSPT, its employees,
volunteers and contractors on the Project Site, except to the extent caused by the willful or
grossly negligent act or omission of the City, its officers, agents, employees and representatives.
FSPT agrees that it will defend, indemnify, and hold harmless the City and its employees,
officers, volunteers and agents against any and all claims arising out of FSPT’s performance or
failure to perform its obligations pursuant to this Agreement. Nothing herein shall be con strued
to waive or limit any immunity from, or limitation of liability available to either party, whether
set forth in Minnesota Statutes, Chapter 466 or otherwise.
8. Insurance. FSPT agrees to maintain general liability insurance in the minimum amount of
$1,500,000. Upon request, FSPT will provide to the City a certificate of insurance verifying that
the insurance policies required by this Agreement are in effect, and the City is named as an
additional insured.
9. Independent Contractor. Nothing contained in this Agreement is intended or should be
construed as creating the relationship of employer and employee between FSPT and the City.
No tenure or any rights or benefits, including workers compensation, unemployment insurance,
medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City
employees shall accrue to FSPT or employees and volunteers of FSPT performing services under
this Agreement.
10. Notices. Any notice or demand which must be given or made by a party hereto under the
terms of this Agreement shall be in writing and shall be provided to the parties by U.S. Mail at
the addresses listed below:
To City: To FSPT:
Neil Soltis, City Administrator
Karen Schik, President
City of Scandia
Friends of Scandia Parks and Trails
14727 209th St. N.
13860 236th Street North
Scandia, Minnesota 55073
Scandia, Minnesota 55073
11. Amendment. This Agreement may be amended only in a written document signed by all
parties.
12. Entire Agreement. It is understood and agreed that this is the entire agreement between the
parties and that this Agreement supersedes all previous written and oral agreements between
the parties relating to the subject matter.
13. Severability. Every section, provision or part of this Agreement is declared severable from
every other section, provision or part thereof.
The parties have duly executed this Agreement as of ____________ __, 2018.
City of Scandia Friends of Scandia Parks and Trails
By: By:
Mayor President
Date:
By:
City Clerk/ Administrator
EXHIBIT A