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273719 WHITE - CITV CLERK [�{.�.�/�y��h PINK - FINANCE GI OF SAINT PAUL � Council . � �.j�s y CANARV - DEPARTMENT `j BLUE - MAVOR � Flle NO. uncil Resolution , Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby authorized and directed to execute an agreement with the Minnesota Department of Natural Resourceswhereby the City will undertake a demonstration project utilizing a variety of tree species and landscape plans as part of the ongoing program of combatting Dutch elm disease and reforestation; said agreement to be kept on file and of record in the Department of Finance and Management Services. COUNC[LMEN Requested by Department of: Yeas Nays � 8� McMahon Comnunity Services � [n Favor Hunt � Levine _ __ Against B Maddox Showalter Tedesco SEP 18 1979 Form orn Adopted by Council: Date �. Certified by Co nc� , cr a 1 B r By , t�pp v d y ;Vlavor: Date SEP 2 1 �.g�9 Ap ro by Mayor f r m ss'on to Council By _ _ By P_.1�uSr��o S E P 2 9 19 9 EXHIBIT A . . • . - ����� St. Paul, Minnesota A. Undertake a demonstration project: Minneapolis-St. Pau1 Street Tree Exhibit to demonstrate the use of different plant materials and designs on plantinq strips between sidewalks and curbs and/or center boulevards. 1. Purchase of suitable plant materials. $2,500.00 2. Labor, supplies, equipment use for planting demonstration sites, maintenance of demonstration sites and plant materials. $2,500.00 Total $5,000.00 State Reimbursement Total Federal reimbursement administered by the Minnesota Department of Natural Resources to include: Purchase of suitable plant materials. $2,500.00 Of the total cost of $5,000.00, the total State Reimbursement administered is $2,500.00. City Gontribution Of the total cost of $5,000.00, the total contribution to be paid by the city is $2,500.00. , .�, - . � _ {?M Q3.: 23��,975 -�f Rev.: 9/B/�6 �XPLANATIt�t OF ADMINI�TRA IVE ORDERS, � � LDT2 Ab?D ORD N1lNCES _ , ������'"�� Date: g�ptet�er 5, 1979 �p; MAYOR GEORGE LATIMER �= Tho�nais J. Kelley, � - �= Cou�cil �esolut�ian authc�riz�ng agreement with t�pt. of ��u�a�l R��c�urc�s � ACTI4N I�EL�STED: ._...__�....`. . Approval of Council � Resolution � _ ; PURPCSE AND RPi�TIO1+tA�LE FOR TSTS ACTION: City will undertake �nonstratjon project for tree pTar�t��g \ < ATTACHMENTS: � __ Council �eso1utfion �__: . copy of agreemen� _ _ , .t, .t � , � . � , , , `, ������.� AGREEbiENT Tf�IS AGREEh1ENT, Made this day of 1979, bet�aeen the State of [�linnesota, acting by and through its Department of Natural Resources , hereinafter referred to as the "State", and , hereinafter referred to as the "City". WITNESSETf�: tVHEREAS, The Commissioner of Natural Resources pursuant to r9innesota Statutes 1978, Section 89.01 has the duty and responsibility to preserve and protect the forest of this State, to administer forests on forestry principles and to these ends cooperate and contract whenever and wherever possible with all units of government; and ti{lHEREAS, The Elm, a long and dominating Minnesota urban shade tree, continues to die of "Dutch elm disease" at an accelerated rate and blinnesota communities face the serious and costly problem of an orderly transition from Elm to a forest of mixed stands of trees and shrubs to avoid the consequences of a monoculture; and WHEREAS, The State in cooperation with financial aid from U.S. Forest Service is currently involved in a pilot program providing urban forestry assistance to certain cities and the Commissioner of Natural Resources is desirous of providing technical and planning expertise needed for the forthcoming "transition"; and WHEREAS, The U.S. Forest Service has agreed to provide the financial aid and the State has been designated as the recipient to distribute the funds for approved expenditures of a "comprehensive urban forestry program", hereinafter referred to as the "Prograxi"; and � WHEREAS, The City has established a "Tree Board" (or Citizens Advisory Committee) and submitted a Program which has been approved by the State and the City has otherwise qualified as a "demonst"ration urban forestry model". NOiV THEREFORE, The parties agree as follows: I. PROGRAM The City shall during the entire term of this Agreement ;:eep functional the the established "Tree Board" (or City Advisory Committee) in an advisory and ►�atchdog capacity to ensure continuing performance wherever practical of the � ' • ����,�:.� , TOIIOSJlIlg recognized individual rorc�stry projects in the Prograr� eacn hereinafter referred to as a "Project" : A. Undertake a tree inventory to establish the number, sFecies and tree condition (or apProximate age) of boulevard trees and trees on public property such as in parks, along rivers, a�id transport corridors. B. Undertake city-wide plans for tree selection design, planting and maintenance. C. Undertake a program of cit�� reforestation that shall include the planting of diverse species to avoid monocuiture. D. Undertake a program of disease management that shall include year-round inspection for the detection of diseased trees, diseased limbs, all downed elm wood, elm firewood piles, felled elm trees, elm stumps and elm brush. During the active growing season a proper survey of the municipality shall be completed at least once per week. Diseased elm trees shall be destroyed immediately and the bark shall be removed including the remaining stumps. This shall appl}� to all elm trees that are in a weakened coiidition or infected with a disease other than Dutch elm .disease and �vhicn in the opinion of the tree inspector are a hazard to the overall effectiveness of a disease management program. In the same manner all dead and dying branches shall be removed from othenvise healthy elm trees during the dormant season. E'. Establish a method to dispose of dead or diseased urban wood. - F. Establish new, or develop existing mimicipal parks and recreation are as. G. Wherever feasible new municipal multi-purpose forests that can serve as recreation and wildlife areas, and provide harvestable timber and energy resource. The Tree Board (or Citizens Advisory Committee) shall include community member�s) from one of the following categories or equivalent: mayor, city council, city forester, public works official, landscape designer, school teachers, librarian, civic leader, and generai public. II. PROJECT PROPOSALS -- APPROVAL � LIABILITY Exhibit t1 attached hereto and made a nart hereof outlines a plan and the cost thereof for a Project(sl whicli lias been approved by the State and is eligible for a grant from tl�e State in the m;ulner of reimbursement as hereinafter nrovided. -2- Tne City may from time to time submit to the 5tate a proposed plan and request a Grant for one or more of any other Project outlined in Article I. Such plan shall include a financial commitment of the City's share of the cost and if the plan is approved by the State and the City has met all other requirements herein, and financial funding is available, Exhibit A of this Agreement shall be amended to reflect the Project to be performed and the financial grant to be made in connection therewith. It is understood that Grants under this Agreement are solely from funds made available to the State by the U.S. Forest Service for the purpose of the Program. III. GRANT The State agrees to reimburse the City for a portion of the total cost of a Project described and in accordance with E�chibit A or any amendment thereof attached hereto, provided the City continues performance as outlined in Article I and all the requirements of Article II are fulfilled. The funds shall be reimbursed to the City at the completion of an approved Project described in Exhibit A or any amendment thereto after presentation of � invoices for actual costs incurred. Partial payments may be made in cases of hardship but at the sole direction of the St ate. The City shall keep receipts of all costs incurred and records of all transactions pertaining to the Program as evidence of compliance with Article I. � IV. TERM This Agreement will become effective on � 1979� or upon such date as it is executed as to encumbrance by the Commissioner of Finance and shall continue in effect until terminated by mutual agreement or as othenvise provided herein. V. TERMINATION The State may terminate this agreement "with cause". "t�iith cause" shall mean that the City is not performing the work in accordance with the terms of this Agreement or the work is not being performed to the satisfaction of the State. In the event of termination of this Agreement as heretofore provided, The City shall have seven (7) days prior written notice and shall have until the date of termination to show cause why the Agreement should not be terminated. If -3- ' " ' ' eL:+��)��,'1,�J it is dete .,�ined by the State that the Cit}•'s defaul� �aas beyond its co;itrol or it �aas not othenvise in default, the Aoreement shall not be terminated. VI. SPECIAL CONDITIONS A. The City shall before entering upon private lands secure permission from the owner of such land �tihen legally required. B. The City agrees to hold the State harmless of any and all liability for personal injury or damages to property resulting from the performance of any Project described herein. IN WITNESS WHEREOF, The parties hereto have executed this Agreement as of the date first above written. STATE OF MINNESOTA Sain P ul DEPARTbiENT OF NATURAL RESOURCES CITY OF i B Commissioner of Natural Resources or i ctor, ep of o unity 'ces By Its pl��nct�r, Dept. of Finance and Management Services APPROVED AS TO FORM AND EXECtlTION WARREN SPANNAUS Attorney General . Special Assistant Attorney General APPROVED AS TO FORM: • � Asst. City torney -4- '