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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 on land that has
been donated to the City as a park (Outlot A of the Swenson Goose Lake Farm Estates) and
subject to a letter of agreement. City Attorney Andy Pratt has prepared a termination agreement
for signature by the City and the Swensons. The City Council reviewed a draft of the agreement
at the 1/6/2016 works session and the change made at the meeting is reflected in the Letter of
Agreement.
Issue:
Should the Council approve the Letter of Agreement with the Friends and the 4-H Club.
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) Approve the agreement as presented
2) Modify the agreement
3) Take no action on the agreement
Recommendation Option 1 — Approve the agreement as presented
YOUTH POLLINATOR HABITAT PLOT AGREEMENT
This agreement shall be effective on the day of , 2016, by and
between the Friends of Scandia Parks and Trails, a Minnesota non-profit corporation,
hereinafter referred to as "FSPT", the Soaring Eagles 4-H Club, through the Regents of the
University of Minnesota/University of Minnesota Extension Service/Center for 4-H Youth
Development, hereinafter referred to as "4-H", and the City of Scandia, a municipal corporation
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 and 4-H have partnered on a project to install a Youth Pollinator Habitat
Plot at the City property located at the southeast corner of Oren Road/Olgilvie Avenue,
in the Swenson's Goose Lake Farm Estates development further described as Outlot A of
Swenson's Goose Lake Farm Estates (tax parcel 11.032.20.22.0005)(Exhibit A). With
grant funding awarded to 4-H from Pheasants Forever and Quail Forever, this project
achieves the mission of 4-H to provide educational opportunities for youth and the
mission of FSPT to protect and enhance the parks, trails, open spaces and natural areas
in the City of Scandia. This project also supports the "rural character" goals of the City.
2. Project Budget and Cost Participation. The Soaring Eagles 4-H Club has received a
$3,750 donation from Pheasants Forever and Quail Forever to create a pollinator
habitat plot on public land, a minimum of .5 acres in size, by June 2016. The City -owned
property depicted on Exhibit A satisfies this criteria. All project costs for the installation
of the project over and above the donation amounts shall be borne by FSPT and 4-H,
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 2016 growing season, it 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 it 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 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 the third season.
b. Long-term maintenance. At the end of three years, official maintenance of
the site by FSPT will cease. The Swenson's Goose Lake Farm Homeowners
Association, FSPT, and the 4-H may continue maintenance in -perpetuity as a
collaborative effort including the following possibilities:
i. The Homeowners Association may maintain a mowed area on the west
side of the plot and a mowed trail through the restoration area, once it is
installed. In the event the trail is not mowed, it will simply revert to
prairie.
ii. 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 and 4-H club 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 project. Any controlled
burns coordinated by FSPT or the 4-H shall be approved by the Scandia
City Council under a separate agreement.
iii. In the event that prescribed burning is not feasible, the area may be
mowed by volunteers.
iv. 4-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
substantially completed by July 1, 2016.
6. Indemnity. 4-H will be responsible for damage, loss or injury caused by 4-H, its
employees, volunteers and contractors on the project site, except to the extent caused
by the willful or negligent act or omission of the City, its officers, agents, employees and
representatives. 4-H's liability is governed by the provisions of the Minnesota Tort
Claims Act, found at Minnesota Statutes, Section 3.736, and other applicable law. FSTP
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 FSTP's
performance or failure to perform its obligations pursuant to this Agreement. Nothing
herein shall be construed 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.
7. Insurance. FSTP and 4-H agree to maintain general liability insurance in the minimum
amount of $1,000,000. Upon request, FSTP and/or 4-H 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.
8. Independent Contractor. Nothing contained in this Agreement is intended or should be
construed as creating the relationship of employer and employee between FSTP, 4-H
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 FSTP or4-H, or employees
and volunteers of FSTP or 4-H performing services under this Agreement.
9. 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:
Neil Soltis, City Administrator
City of Scandia
14727 209th St. N.
Scandia, Minnesota 55073
To FSTP:
Karen Schik
P.O. Box 251
Scandia 55073
To 4-H:
Jeremy D. Freeman
Chisago County 4-H Program Coordinator
38814 Third Ave
North Branch, MN 55056
10. Amendment. This Agreement may be amended only in a written document signed by
all 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 thereof.
The parties have duly executed this Agreement as of January X, 2016.
City of Scandia Date:
Soaring Eagles 4-H Club
Mayor
f►41> V
Date:
Date: Jeremy Freeman, 4-H Program Coordinator
0
City Clerk/ Administrator
Friends of Scandia Parks and Trails
Karen Schik, President
Date:
2015
EXHIBIT A