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3 pollinator project staff report and draft agreementAL SCl`#NDiA Staff Report Date of Meeting: January 6, 2016 To: City Council From: Neil Soltis, Administrator Re: Draft letter of agreement — Swenson Park Pollinator project Background: The City Council has approved moving forward with the pollinator project proposed by the Friends of Scandia Parks and Trails and the Soaring Eagles 4-H Club subject to terminating the development agreement which required the developer to construct a ball field in the [proposed location and subject to a letter of agreement. Issue: A draft of the agreement should be reviews to be certain the terms and conditions are acceptable subject to further review by legal counsel. Proposal Details: All funds for the installation will come from the Friends or the 4-H Club The installation will be performed by Prairie Restoration under a contract with the Friends or 4H Club The city will have no obligation for any future replacements, additional improvements, or short-term or long-term maintenance Prairie Restoration will provide short terms maintenance for the first 3 years After the three years, the Homeowners Association, the Friends, and the 4-H Club will work collaboratively on maintaining the site. Options: 1) Modify agreement based on discussion 2) Recommend for approval at the January 19 City Council meeting AGREEMENT FRIENDS OF SCANDIA PARKS AND TRAILS, A MINNESOTA NON-PROFIT CORPORATION, HEREINAFTER REFERRED TO AS "FSPT", THE SOARING EAGLES 4-H CLUB AND CITY OF SCANDIA, MINNESOTA This agreement shall be effective on the day of , 2016, by and between the Friends of Scandia Parks and Trails, a Minnesota non-profit co ration, hereinafter referred to as "FSPT", the Soaring Eagles 4-H Club, hereinafter r to as "4-H", and the City of Scandia, a municipal corporation located in the Count ashington, State of Minnesota, hereinafter referred to as "City". In consideration of the covenants and agreements, h agreed by and between the parties hereto as follo)J 1. Project. FSPT and 4-H have partnereTM Habitat Plot at the city property located at Olgilvie Avenue N, in the described as Outlot A of 11.032.20.22.0005) (exhibitA). I Forever/Quail Forever, this proje educational opp I Goose Lake is mutually nator orner of Oren Road N and Estates development further ates (tax parcel to 4-H from Pheasants of 4-H to provide §Fof FSPT to protect and enhance the City of Scandia. This project The Soaring Eagles 4-H Club has received 'herrits Forever and Quails Forever to create a pollinator id, a minimum of .5 acres in size, by June 2016. All project of the project over and above the donation amounts shall 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 they will achieve 90% coverage or better of native prairie plant species, at least three species will be flowering in spring, summer and fall, and no noxious weeds, as defined by the Minnesota Department of Agriculture, will be present. If these goals are not achieved, PRI warranties they will continue project work until criteria are met. 4. Maintenance of Project. The City shall have no obligation for any future replacements, additional improvements, or short-term an -term maintenance of the project. a. Short-term Maintenance. Short-term prof tenance by PRI will occur through the third growing seaso d wi sist of spot -spraying and/or spot -mowing weeds, and a r d bur hird season. b. Long-term maintenance. At the oft ree years, of 1 aintenance of the site by FSPT will cease. omeow rs Association, , and Soaring Eagles to may continue ten ' -perpetuity a collaborative effort including the fo g possibilities: i. The Homeowner ' tion may in n a mowed area on the west side of the pa an ed trail gh the restoration, once it is installed. In the nt t owed, it will simply revert toadOOL lly the should bYd d every 3-5 years to maintain it. This an o nity fcandia Fire Department to burn it for a tra erc H clubwill communicate with the Fire epart s the nee arises; however, the City of Scandia Fire rtmen r no obligation to conduct a controlled burn on the pr . Any c rolled burns coordinated by FSPT or the 4H shall be appr d by the Scandia City Council under a separate agreement. In th ent that prescribed burning is not feasible, the area may be d by volunteers. iv. R-H, FSPT and community 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 the community, the native plantings will persist long into the future and the youth pollinator plot will remain a great improvement over the non-native dominated "old field" that has been there since at least 2000. 5. Project Duration. The project will be initiated as soon as possible in spring 2016 and completed on Indemnity. The City agrees that it will defend, indemnify, and hold harmless FSTP and 4-H and its employees, officers, volunteers, and agents against any and all claims arising out of the City's performance or failure to perform its obligations pursuant to this agreement. FSTP and 4-H agree that th&w-Llfend, indemnify, and hold harmless the City and its employees, officers, vand agents against any and all claims arising out of FSTP and 4-H's perforailure to perform its obligations pursuant to this Agreement. Nothing e construed to waive or limit any immunity from, or limitation whether set forth in Minnesota Statutes Chapte, any other provision of this agreement, the C' any amount in excess of the limits on liab' e: Insurance. The City, FSTP, and 4-H agree tol the minimum amount of $1,00&JQO. Upon req provide to the other party a cell policies required by this agreer on the project shall provide the minimum of $1,00 as an additional A fable to either party, kW. Notwithstanding Iftguired to pay nn Statutes, . g7neral liability insurance in ie City and FSTP AND 4-H will kifvint that the insurance ors performing work o surance verifying that a is in place and the City is listed in this Agreement is intended or a ship of employer and employee between any rights or benefits, including workers ce, medical care, sick leave, vacation leave, benefits available to City employees shall accrue to II volunteers of FSTP AND 4-H performing services demand which must be given or made by a party hereto agreement shall be in writing and shall be provided to the To City: Neil Soltis, Administrator City of Scandia 14727 209th St. N. Scandia, MN 55073 To FSTP Karen Schik, President To 4-H Ann Rinkenberger, President 10. Amendment. This agreement may be amended only in a written document signed by both parties. 11. 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. 12. Severability. Every section, provision or part of this agreement is declared severable from every other section, provision or part ther the extent by June, 2016. The parties have duly executed this Agreement as of City of Scandia By: Randall Simonson, Mayor Date: By: City Clerk/ Admi Soa ' agles 4-H i By: Ann :inVkenesident Date: Date: Trails n Schik, President EXHIBIT A