3 pollinator project staff report and draft agreementAL
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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