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10-139Council File #� Green Sheet # 3095876 RESOLUTION 2 MINNESOTA : 4 5 WHEREAS, the Ciry of Saint Paul is eligible for grant funding to administer 8 acres of removal of 6 such materials from DNR property within the Indian Mounds Regional Park; and WHEREAS, the grant agreement requires that the grantee indemnify the State, its agents and employees from any claims or causes of action arising from performance of the grant agreement; and 10 11 WHEREAS, the Saint Paul City Council finds that accepting the grant funds will fulfill ecological 12 principles of habitat restoration; and 13 14 WHEREAS, the expenditure of public funds, which includes the promise of indemnification, for 15 such a purpose will facilitate and enable it to take place; now, therefore, be it 16 17 RESOLVED, that the appropriate ciry officials aze hereby authorized to enter into the attached 18 grant agreement, which includes an indemnification clause and to accept the funds on behalf of the City. 19 20 Bostrom Carter Harris Yeas by Department of: � � � /Q�G,Q,�¢o�oN '�f ��bL �� Adopted by Council: Date ✓ Adoption Certi ed by C uncil Secretary BY� � f Appcbv d by M � D I! Z-PJ( c7 By: By: Appxoved b�ity A m �� BY� _ ���U'NUCLJ �l,c,vC�-w,,. Approved b� r fo Submission to Council B y —_--_��`� . ,,, � WHEREAS, the Minnesota Department of Natural Resources has created a new program linking ecological restoration to woody biomass energy pioduction, and has obtained State funding to help restore overgrown savanna and woodlands within 75 miles by road of Saint Paul; and � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/Council: Date Initiated: /0�/3� , PR_ParksandRecreation �g,7AN2010 Green Sheet NO: 3095876 _►o� ConWCt Person & Phone: Adam Robbins 63 Must Be on u` c�l A enda by (Date): �' IO�lO � � Doc. pUBLIC HFARING (RESOLUTION) E-DOCUment Required: Y � Document Contact: ContaM Phone: ■�/ Assign Number For Routing Order Total # of Signature Pages _(Ciip All locations for Signature) _:�I Approval of the attached resolution authorizing Parks and Recreation [o enter in to a$17,000 grant agreement with, and provide indemnification for the Minnesota Department of Natural Resources Recommentlations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the F011owing Questions: 1. Has this personlfirm ever worked under a cootrect for this departmeot? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current city employee? Yes No Explain alI yes ansWers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Minnesota DNR has grant money availab3e in 2009-2010 to fund oak woodland and oak savanna restoration work at Indian Mounds Reg�onal Park. Any woody biomass removed from the site (mvasive, diseased and exotic trees) will be processed by Environmentai W ood Supply and �sed as fuel by District Energy. The DNR provided the City with $27,000 in 2008. The DNR is interested in continuing this project and has made this $17,000 available to the Ciry to admmis[er eight acres of addi[ional work on DNR property within Indian Mounds Regional Park. AdvantageslfApproved: Exotiq diseased, hazard and undesirable hees will be removed from 8+ acres of oak woodland and oak savanna at Indian Mounds Regional Park. Disadvantages If Approved: None Disadvantages If Not Approved: Inability to implement restoration activities. Total,4mountof $+�� 000.00 TransaMion: Funding source: Minnesota DNR Financia l Information: (Explain) �:� ����;��� CosURevenue Budgeted: Y Activity Numbec 860-33196 �z � �g � ���V C7 January 19, 2010 1:01 PM Page 1 �---�-� � a'1'3� STATE OF MINNESOTA �_ 3��aa GI2ANT AGREEMENT This grant agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources (°State") and the City of St. Paul ("Grantee"). Recitals L Under Minn. Stat_ 84.026 the State is empowered to enter into this grant agreement. 2. The State is in need of cutting, moving, and staging of ecologically inappropriate woody plant material for transport from the DNR St. Paul Hatchery Aquatic Management Area (adjacent to Indian Mounds Regional Park), St. Paul, MN for the purpose of ecological restoration of oak woodland and wet ash swamp. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfactaon of the State. Grant Agreement Term of Grant Agreement 1.1 Effective date: December 18, 2009 or fhe date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this g'rant agreement until this agreement is fully executed and the Grantee has been notified by the State's Authorized Represenfative to begin the work. 1.2 Expiration date: April 30, 2010 or untii all obligations have been satisfactorily fixlfilied, wluchever occurs first. 13 Survival nf Terms. The following clauses survive the expiration or cancellation of this grant agreement: 8. Liability;-9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, 3urisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties 2.1 The Grantee, who is not a state employee, will cut, move, and stage woody plant material for transport from the DNR St. Paul Hatchery Aquafic Management Area, St. Paul, MN as specified in Exhibit A, which is attached and incorporated into this gant agreement. 2.2 The Grantee, who is not a state employee, will provide project management services for this project as specified in Exhibit A, which is attached and incorporated into this grant agreement. 3 Time The Grantee must comply with all the time requirements described in this grant agreement. In the perf'ormance of this grant agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for ali services performed i�y the Grantee under this gant agreement as follows: Grant (Rev. 11/08) ' ' 1 of 5 /a��3� (1) Compensatzon. A. The Grantee will be paid a per acre rate of up to $3,000 for 1 acre of dense/steep oak woodland and a per acre rate of up to $2,000 for approximately 7 additional acres, not to exceed $17,000.00 for cutting, moving, and staging of woody plant material as outlined in E�ibit A, which is attached and incorporated into this grant agreement. Matching funds are not required. (2) Travel E.rpenses. Reimbursement for a�sociated mileage actually and necessarily incurred by the Grantee as a result of this grant agreement will not exceed $0.00; provided that the Grantee will be reimbursed for mileage in the same manner and in no greater amount than provided in the current "Commissioner's Pian" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for mileage expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travei. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant agreement wiil not exceed $17,000.00. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices and copies of conoborating documents must be submitted an a tifnely manner and according to the foilowing schedule: upon completion of the services, as outlined in Exhibit A, which is attached and incorporated into this grant agreement. (2) Federal funds. Not applicable. Conditions of Payment All services provided by the Grantee under this grant agreement must be perfozxned to the State's satisfaction, as determined at the sole discretion of the State's Authorized Represeritative and in accordance with all applicable federal, state, and local laws, ordinances, niles, and regulations. The Grantee wiil not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. Authorized Representative The State's Authorized Representative is Barb Soears, Woody Biomass Project Coordinator Divi§ion of Ecological Resources 1Vlinnesota DNR 651-259-5849• barb spearsCcr�dnr state mn us, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant ageement. _If the services are sarisfactory, the State's Authorized I2epresentative will certify acceptance on each invoice submitted for payment. Grant (Rev. 1 I/08) 2 of 5 la-i�� The Grantee's Authorized Representative is Michale Hahm, Director. Division of Parks and Recreation, City of St. Paul 25 W. 4�' St., 400 CHA, St. Paul, MN 55102; 651-266-6409; Michael.Hahmna Tectuiical Contact for this project is Adam Robbins, Environmental Coordinator. Division of Pazks and Recreation, City of St. Paul, 1100 North Hamline Ave., St. Paul. MN 55108; 65I-248-5708. If the Cnautee's Authorized Representative or Technical Contact changes at any time during this grant agreement, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Agreement Complete 7.1 AssignmenL The Grantee may neither assign nor transfer any rights or obiigations under this grant agreement without the prior consent of the State and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this grant ageement, or their successors in office. 7.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it. 7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement, whether written or orai, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any ciaims or causes of acrion, including attomey's fees incurred by the State, arising from the perFormance of this grant agreeinent by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. • Insurance The City of St. Paul is self-insured as a political subdivision of the State of Minnesota for which it is or may be found legally liable as evidenced by Exhibit B, which is attached and incorporated into this Grant Agreement. 10 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting ' procedures and practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor ar Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. i l Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Govemment Data Practices Aet, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, Grant (Aev. ] 1/08) 3 of 5 /�'1��1 sYOred, used, maintained, or disseminated by the Crrantee under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. Tf the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee inshuctions concerning Yhe release of the data to the re�uesting pariy before the data is released. 10.2. Intellectuad Property Rights. Not applicable. IZ Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensarion Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 13 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this gant agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similaz public notices prepared by or for the Grantee individuaily or joinUy with others, or any subcontractors, with respect to the program, publications, or services provided resulring from this grant ageement. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 14 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this gant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15 Termination The State may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon ternvnation, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 16 Data Disclosure Under Minn. Stat. § 270C.65, 5ubd. 3, and other appiicable law, the Grantee consents to disclosure of its social security number, federal employer taJC identification number, and/or Minnesota tas identificafion number, already provided to the State, to federal and state ta�c agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federat and state tax lac�s which could result in action requiring the Grantee to file state tax r�tums and pay delinquent state taJC liabilities, if any. Granc (Rev. I 1/08) 4 of 5 CFPvIS Crrant Agreement No. A- ,3 ¢� 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as quired by p�c ble articles, by ws, r ol �o , r i ce . BY� �- Title: f�(1KS � F.��• ��2��2 Date: � - Z� ' � O � Title: Date: Distribution: Agency Grantee State's Authorized Representarive - Photo Copy Grent(Rev ll/0� /D��� 3. STATE AGENCY By: {with delegated authority) Title: Date: B5 �' — Title: Date: By:_ Title: Date: ae,.e SofS 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. " 16A.15 and 16C.05. /o-!�� :��� C.rantee's Duties State of Minnesota Grant Agreement Woody Plant Material Removal at DNR St. Paul Hatchery Aquaric Management Area (adjacent to Indian Mounds Regional Pazk), St. Paul, MI3 Project Period: December 4, 2009 to Apri130, 2010. Project Pre-requisite: Written Harvest Plan (including detailed maps) following the Harvest Plan Template provided by the State. The Harvest Plan must be approved by the DNR Woody Biomass Project Coordinator before billable cutting activities can begin. The Harvest Plan is being prepared by DNR staff who will coordinate with City of St. Paul staff on its completion. Task I: Cut, move, and stage woody plant material for transport from a total of approximately 8 acres of the DNR St. Paul Hatchery Aquatic Management Area, SL Paul, MN for the purpose of ecological restoration of native oak woodland and wet ash swamp. Duties and deliverables: 1. Cut, move and stage woody plant material following specifications contained in the approved Harvest Plan and any additional specifications provided by Jeff Guillemette of Ever-Green Energy by contacting Jeff no less than two weeks prior to the start of cutting; (651) 747-5798 or iefE�uillemettenn,ever-¢reenener •�. Task 2: Provide project management services for the removal of woody plant material from the DNR St. Pau] Hatchery Aquatic Management Area, St. Paul, MN. Duties and deliverables: 1. Coordinate project activities with Jeff Gorton, MN DNR; Bazb Spears, MN DNR; Jeff Guillemette of Eves-Green Energy; and sub-contracted service provider(s). 2. Follow the approved Harvest Plan prepazed by the State. 3. Sub-contract with biomass harvesting service provider and inform Jeff Gorton and Barb Spears of the name of the selected service provider. 4. Contact Jeff Guillemette, Ever-Green Energy, no less than two weeks prior to the start of cutting; (651) 747-5798 or ieff.Guillemette cr ever-treenener .QV com to discuss any additional requirements that Ever-Crreen Energy has for the site. 5. Monitor the cutting, moving, and staging of woody plant material throughout the project to ensure compliance with the approved Harvest Plan, timeline, and any additional specifications of Ever-Green Energy, unless modifications are agreed to in advance by Jeff Gorton, Bazb Spears and Jeff Guillemette. 6. Monitor collection and transport of woody plant material to ensure operations are proceeding as understood. 7. Coordinate with 7eff Gorton and Bazb Spears, as appropriate, on media/press(public relations relating to the project. 8. Coordinate with Jeff Gorton and Bazb Speazs to provide information and data following completion of the project. At a minimum, this should include an accomplishment report or annotated Harvest Plan, images, media pieces, public zelations pieces (e.g. flyers, letters, meeting notices, etc.), in-kind docuznentarion (i.e. volunteer time, etc.), service contract, and all bids received (if applicable). Compensation and Payment: 1. Reimbursement for the woody biomass removal is limited to tfie cutting, moving, and staging of woody plant material only. Ineligible expenses include follow-up work such as stump grinding, Page 1 of 2 /0-13� chemicals and chemical treatments, prescribed buming, site preparation or other post-harvest treatments and non-approved acrivities. Corroboraring documents include a copy of the itemized invoice(s) from the sub-contracted service provider(s). 2. Reimbursement may include costs of pro}ect-related signage, as appropriate, with prior approval by the DNR Woody Biomass Project Coordinator. 3. Invoice(s) for this grant agreement must be submitted to the State's Authorized representative no later than 30 days following satisfactory completion of the project. Page 2 of 2 City of Saint Paul iVIemorandum To: Margaret Kelly From: John McCarthy, Budget Analyst Subject: GS# 3095876 — Parks / DNR Grant Agreement Date: February 3, 2010 /a-/39 Attached is a resolution from Parks requesting authorization to enter into a grant agreement with the DNR. The DNR has provided Parks with funding to remove wood biomass from Indian Mounds Regional Park to be used for fuel by District Energy. The grant agreement requires that the City indemnify the State from any claims or causes of action arising from performance of the grant agreement. OK to sign.