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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