HomeMy WebLinkAboutItem 06.q•
November 7, 2011 Item No.
APPROVE MINNESOTA CROSS - COUNTRY SKI TRAIL ASSISTANCE PROGRAM
AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Proposed Action
Staff recommends adoption of the following motion: Move to approve Minnesota Cross-
Country Ski Trail Assistance Program Agreement with Minnesota Department of Natural
Resources.
Overview
Annually, the City of Lakeville enters into an agreement with the Minnesota DNR for the
purpose of receiving traditional grant funding for the maintenance of cross - country ski
trails at Ritter Farm Park. The grant awarded to the City for the 2011 -2012 winter
season is $6,096.00. Grooming of ski trails is completed by agreement with the
Lakeville Sno Trackers Snowmobile Club which is reimbursed through grant funds.
Primary Issues to Consider
• Will there be adequate snowfall to conduct regular grooming activities?
Supporting Information
• Minnesota Cross - Country Ski Trail Assistance Program Agreement with
Minnesota DNR
Parks & Recreation Director
Financial Impact: $6,096.00 Budgeted: Source: MN DNR
Related Documents (CIP, ERP, etc.):
Notes:
MINNESOTA TRAIL ASSISTANCE PROGRAM
CROSS - COUNTRY SKI FY2011
TRADITIONAL GRANT AGREEMENT
Local Unit of Government "Sponsor"
Trail Name
State Cost
Effective Date
City of Lakeville
Ritter Fann Park
$6,096.00
See Item 1
THIS AGREEMENT, is made between the STATE OF MINNESOTA, acting through the Commissioner of Natural
Resources, hereinafter referred to as the "State ", and the sponsoring Local Unit of Government "Sponsor" specified
above, and relates to the establishment of proposed trails specified above.
WHEREAS, the local unit of government desires to establish, construct and maintain public trails; and
WHEREAS, the Minnesota Trails Assistance Program provides grants to local units of government for the construction
and maintenance of recreational trails pursuant to Minnesota Statutes, Chapter 85.44 and 84.026; and
WHEREAS, the local unit of government has applied to the State for a grant for said trails and has submitted the
Minnesota Trails Assistance Program's application form, maps, and resolution of the local unit of government authorizing
the proposed trails as outlined in said documents; and said application form, resolution, map or new trail project proposal
are attached hereto as Exhibit "A ".
NOW THEREFORE, it is agreed between the parties as follows:
A. TRAIL OBLIGATION OF THE LOCAL UNIT OF GOVERNMENT. The local unit of government agrees to
construct, operate, and maintain the proposed trails in accordance with the current Minnesota Cross Country Ski Trails
Assistance Program Instruction Manual, hereinafter referred to as the "Manual ", and with the application or new trail
project proposal form, as accepted or amended by the State.
The local unit of government shall:
1. Proceed to acquire necessary interests in lands on the Trail. The Sponsor must acquire land in fee, easement,
lease, permit, or other authorization for said Trail. The term of said interest shall be no less than four (4)
months between November 15 of any year and April 1 of the succeeding year. For each parcel of land
crossed by the Trail, the Sponsor shall obtain from the owner of said parcel a permit, lease, easement,
deed, or other authorization for said crossing in accordance with Minnesota Statutes Chapter 604A. The
Sponsor shall certify that the necessary interests in the land have been obtained and are on file with the
Sponsor or the sponsor's agent.
2. Construct the trails and provide adequate maintenance which shall include keeping the trails reasonably
safe for public use; provide sanitation and sanitary facilities when needed; and provide other maintenance
as may be required. The local unit of government and not the State is responsible for maintaining signs
and grooming all trails. If the local unit of government fails to expedite establishment and construction of
trails or fails to provide for adequate maintenance, the State may withhold future payments to the local
unit of government and/or terminate this agreement.
B. TECHNICAL ASSISTANCE. The State shall give technical assistance to the local unit of government in
establishing trails upon request.
C. FUNDING. The state's sole responsibility under this Agreement is to provide funds to the local unit of government.
In the event that state funds become unavailable because of legislative or executive action or restraints the grant amount
may be reduced or canceled by the State.
Revised 8/2011 Page 1 of 5
D. REIMBURSEMENT. The state agrees to reimburse the local unit of government 65 percent of the cost of trail
acquisition, development, and maintenance, except grooming and liability insurance which shall be reimbursed at the rate
of 90 percent for all eligible costs. All costs shall be in accordance with the allowable charges and costs listed in the
Manual. This grant shall not exceed the State Cost as specified above.
E. PAYMENT. The local unit of government must submit a request for reimbursement and attach worksheets furnished
by the State for all costs incurred in acquiring, developing, maintaining and grooming the trail, all in accordance with the
Manual. Additionally, the local unit of government must submit original receipts of actual purchases exceeding $100.00.
Further, the first request for reimbursement for costs incurred by grooming must be made by January 31, and the last day
of every month thereafter while costs are incurred during the grooming season.
1. First Payment: Upon receipt of the request for reimbursement evidencing acceptable trail costs of $500.00
or more for acquisition, development, or maintenance, the State agrees to reimburse the local unit of
government for approved costs in accordance with the Manual. The State shall not be required to pay for
any services provided by the local unit of government which the State determines to be unsatisfactory as
determined by the State's authorized representative.
2. Subsequent Payments: Each thirty (30) successive days after the first payment, the local unit of
government may submit invoices evidencing trail costs. Payments shall be made to the extent of
authorized reimbursement, or until this agreement is terminated.
3. Trail Segments: It is understood that if the trail system is developed in segments, the local unit of
government may submit requests for reimbursement as soon as continuous and workable segments are
completed.
F. STATE AUDITS. Under Minnesota Statutes § 16C.05, subd. 5, the Grantee's books, records, documents, and
accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. Records
shall be sufficient, as defined in the Manual to reflect significant costs incurred and volunteer donation of time,
equipment, and/or materials in performance of this grant.
G. WORKERS COMPENSATION. The Grantee certifies that it is in compliance with Minnesota Statutes § 176.181,
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' Compensation 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.
H. LIABILITY. Each party agrees that it will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability
shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736 and other applicable
law. The Sponsor's liability shall be governed by the provisions of Minnesota political Subdivisions Tort Liability,
Minnesota Statutes § 466.02 and other applicable law.
TERM.
I.1 Effective date: September 1, 2011, or the 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 grant
contract until this contract is fully executed and the Grantee has been notified by the State's Authorized
Representative to begin the work.
1.2 Expiration date: June 30, 2013, or until all obligations have been satisfactorily fulfilled, whichever is sooner.
This expiration date includes the certification period as authorized in Minn. Stat. 16A.28, sudb. 6.
Revised 8 /2011 Page 2 of 5
J. TERMINATION. This Agreement may be terminated by the State in the event of a default by the Sponsor, the
legislature appropriates insufficient monies for the program, or the abandonment of the Trail. It may also be terminated
upon mutual agreement by the State and the Sponsor, upon 30 days' written notice to each entity.
K. PUBLICITY AND ENDORSEMENT
Publicity. Any publicity regarding the subject matter of this grant contract 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 similar
public notices prepared by of for the Sponsor individually or jointly with others, with respect to the program, publications,
or services provided resulting from this grant agreement.
Endorsement. The sponsor must not claim that the State endorses its products or services.
L. ASSIGNMENT OR MODIFICATION.
The Sponsor may not assign any of its rights or obligations under this Agreement without the prior written consent of the
State. No change or modification of the terms or provisions of this Agreement shall be binding unless such change or
modification is in writing and signed by all parties on this Agreement.
M. DATA DISCLOSURE.
Under Minnesota Statutes § 270.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and /or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
N. GOVERNING LAW, JURISDICTION, AND VENUE.
Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
O. AUTHORIZED REPRESENTATIVE.
The State's Authorized Representative is the Trail Area Supervisor from the Parks and Trails Division of the Department
of Natural Resources for the area where the trail is located, or his /her successor, and has the responsibility to monitor the
Sponsors performance and the authority to accept the services provided under this grant contract. If the services are
satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. A list
of the Trail Area Supervisors can be found on the program webpage
( http: / /files.dnr.state.mn.us /assistance /grants /recreation/xc ski /taw sites.pdf
The Sponsor's Authorized Representative is the contact person and individual who provide the authorized signature for
the Sponsor, which can be found on the program application (incorporated here into this agreement by reference). If the
Sponsor's Authorized Representative changes at any time during this grant contract, the Sponsor must immediately notify
the State.
The authorized representative of the sponsor is prohibited from being an officer or bookkeeper /accountant of the club or
organization receiving this grant on behalf of the State.
Revised 8/2011 Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
LOCAL UNIT OF GOVERNMENT SPONSOR
Local Unit of Government (Sponsor)
State Encumbrance Verification
Authorized Signature
Title
Date
Authorized Signature
Title
Date
DEPARTMENT OF NATURAL RESOURCES
Individual certifies that funds have been encumbered as required by M.S. §
State Encumbrance Verification
Date
16A. 15 and I�c.os.
`3�
1 I
Co,nic cP - N j
SWIFT PO #: 3c;OGt q i IS,
Signature (Recommend for Approval)
Parks and Trails Regional
Date
Manager
Authorized Si
Parks and Trails Division
Date
Director
Revised 8 /2011 Page 4 of 5
MINNESOTA CROSS- COUNTRY SKI TRAIL ASSISTANCE PROGRAM
r� MAINTENANCE AND GROOMING APPLICATION
1. Trail/Club Name:
2. Unit of Government Sponsor:
3. Date:
Ritter Farm Park Cross - Country Ski
City of Lakeville
May 9, 2011
Trails /Lakeville Sno Trackers
4. 5. Total Grant Request (From Question 15C Below):
5. Grant Award (For Department use only):
$9,289.45
6. Trail Administrator Name:
7.
Gerald S. Michaud
4vmm
8. Address (street Box Number, City, State, zip Code):
9. Home Phone Number:
10. Wor Phone Number:
20195 Holyoke Ave., Lakeville, MN 55044
612 718 - 4035
952 - 985 - 601
11. Miles of Existing Trail in GIA System:
12. Miles of Existing Trail Not in GIA System (If Applicable):
20K
N/A
13. Project Cost Breakdown and Explanation
13A. ADMINISTRATION
TOTAL
Explanation: Attend meetings, inspect trails, prepare applications, prepare
$ 553.00
reimbursements, etc.
1313. ACQUISITION
Explanation:
Labor
Mileage
Equipment
Materials
TOTAL
13C. RELOCATION (Change in Trail Location Must be Shown on Map)
Explanation:
Labor
Mileage
Equipment
Materials
TOTAL
13D. FACILITIES
Description: Labor, portable toilet services, supplies, facility maintenance
Labor
Mileage
Equipment
Materials
TOTAL
$ 250.00
$ 150.00
$ 750.00
$ 300.00
$ 1,450.00
13E. MAINTENANCE
Description: Trail set -up, sign installation, sign replacement, tree clearing, misc. grading, erosion control,
trail grooming, trail packing, sign pickup, final inspection and final cleanup
Labor
Mileage
Equipment
Materials
TOTAL
$ 500.00
$150.00
$ 400.00
$ 200.00
$1,250.00
(Revised 11/27/2007) Page 1 of 2
13F. TRAIL SYSTEM MAP PRINTING (include the Number of Maps to be Printed)
TOTAL
Explanation: 300 full color maps to be printed (at the City)
$ 100.00
13G. TRAIL GROOMING
Description: Tucker 2000
Labor
Mileage
Equipment
Materials
TOTAL
$
$
$ 6,400.00
$
$ 6,400.00
13H. LIABILITY INSURANCE
TOTAL
Explanation: Liability insurance coverage
$ 1,500.00
14. Total Cost
15. Grant Request
14A. Sub -Total 13A — 13F: $ 3
15A. Sub -Total Grant Request at 65% (14A x 65 %): $ 2,179.45
1413. Sub -Total 13G & 13H: $ 7,900.00
1513. Sub -Total Grant Request at 90% (14B x 90 %): $ 7,110.00
14C. Total Cost (Sum 14A & 14B): $ 11,253.00
15C. Total Grant Request (15A+ 15B): $ 9,289.45
16. Sponsor Approval
16A. Unit of Government Sponsor:
1613. Telephone Number (include Area code):
City of Lakeville
952- 985 -4601
16C. Address (Street, Box Number, City, S Zip Code):
20195 Holyoke Ave., Lakeville, 55044
16D. A thorized Si t re o Spons
16E. Title:
16F. Date of Signature:
Parks & Recreation Director
17. Required Attachments
17A. ® Grooming Logs from Previous Year
1713. ® Sponsor Resolution
17C. ❑ Trail Validation Map, Including Miles of Trail in GIA System and Miles Not in GIA System
17D. ® Sign Order
Certification by Department of Natural Resources
Recommended Grant Amount:
Explanation If Different from Request (or Attach):
Authorized Signature:
Date of Signature:
Area Trails & Waterways Supervisor
Authorized Signature:
Date of Signature:
Regional Trails & Waterways Manager
(Revised 11/27/2007) Page 2 of 2
FY2012 CROSS - COUNTRY SKI TRAIL ASSISTANCE PROGRAM
MAINTENANCE AND GROOMING GRANTS -IN -AID
REQUEST FOR ADDITIONAL FUNDS
1. Trail /Club Name:
2. Unit of Government Sponsor:
3. Date
Ritter Farm Park Cross - Country Ski
City of Lakeville
May 9, 2011
Trail /Lakevil Sno Trackers
4. Total Additional Funds Requested:
5. Current Base Grant and Rate/Mile (Department Use
$2,500.00
only):
6. Trail Administrator Name:
7. Trail Administ a .o Si atur
Gerald S. Michaud
8. Address (street, Box Number, City, state, Zip code):
9. Home Phone Number:
10. Wo Phone Number:
20195 Holyoke Ave., Lakeville, MN 55044
612- 728 -4035
952- 985 -4601
11. Miles of Existing Trail in GIA System:
12. Miles of Existing Trail Not in GIA System (If Applicable):
20K
N/A
13. Need for Additional Funds
In detail, describe why this trail system needs additional funding. ( i. e. not meeting maintenance and operations needs;
club has a consistent record of utilizing all grant monies from year to year; club has an ability to provide more
opportunity for skiiers; expenses have risen over time, club revenue from other sectors has been decreasing; etc.)
Be specific, and explain how these additional funds will be used. Attach any letters of support to this application.
Time spent on grooming and maintenance of the cross - country ski trails at Ritter Farm Park by the Lakeville Sno
Trackers has not been reimbursed fully in the past because the funds were not available. The club has a consistent record
of utilizing all grant monies from year to year. Additional funding would enable us to reimburse the Lakeville Sno
Trackers fully for grooming, maintenance and operations.
14. Sponsor Approval
14A. Unit of Government Sponsor:
14B. Telephone Number (Include Area code):
City of Lakeville
952 - 985 -4601
14C. Address (street, Box Number, City, te, Zip Code):
20195 Holyoke Ave., Lakevi N 55044
14D. Authorized g ure Af Spon o :
14E. Title:
14F. Date of Signature:
Parks & Recreation Director
5/9/11
t
Page 2 of 3
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CITY OF LAKEVILLE
RESOLUTION NO. 10 -35
RESOLUTION AUTHORIZING SUBMITTAL OF ANNUAL GRANT APPLICATIONS
TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR
SNOWMOBILE AND CROSS- COUNTRY SKI TRAIL GRANTS
WHEREAS, the Minnesota Department of Natural Resources has established a
Minnesota Trails Assistance Program for the establishment of snowmobile and cross -
country ski trails; and
WHEREAS, such trails are beneficial to the public recreation programs
conducted by the City of Lakeville Parks and Recreation Department; and
WHEREAS, such grant -in -aid assistance is available on certain terms and
conditions specified by the Department of Natural Resources which are compatible with
the City's existing public recreation programs; and
NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville shall act as
the legal sponsor for applications for funding to the Minnesota Department of Natural
Resources for maintenance and grooming of both snowmobile and cross- country ski trails
managed by the Lakeville Sno Trackers Snowmobile Club; and
BE IT FURTHER RESOLVED that the Parks and Recreation Director is hereby
authorized to submit grant applications annually to the Minnesota Department of Natural
Resources and is additionally authorized to serve as the fiscal agent on behalf of the City
of Lakeville for the above referenced projects in 2010 and in subsequent years; and
BE IT FURTHER RESOLVED that upon approval of its applications by the state,
the City of Lakeville will enter into agreements with the State of Minnesota for the above
referenced projects and will comply with all applicable laws and regulations as stated in the
agreements..
DATED this 3 day of May 2010.
ATTEST:
CITY OF LAKEVILLE,
FT6* Dahl, Mayor
I
� r'
Charlene Friedges, 61ty Clerk
Common Trail Sign Order Forms
Grant organizations are responsible for obtaining all signs for the trails they operate. A limited number of signs are available from the DNR. All
others must be obtained from other sources. The following forms are designed to assist grant organizations in requesting signs from the DNR.
DATE: May 9, 2011
CLUB: City of Lakeville, Park Maintenance Department
CONTACT- Tnnv gmith PHONE: 952- 985 -2723
DESCRIPTION
SIGN #
ORDERED
Tan Blank 8 "x8"
NRM 8.2.25A
Tan Blank 12 "x12"
NRM 8.2.25B
Tan Blank 12 "x18"
NRM 8.2.25C
Stop
NRM 8.4.1
Stop Ahead
NRM 8.4.2
Yield
NRM 8.4.3
Do Not Enter
NRM 8.4.4
Decal: One Way (for "Do Not Enter" sign)
NRM 8.4.413
Decal: Trail Closed (for "Do Not Enter" sign)
NRM 8.4.4D
Decal: Bridge Out (for "Do Not Enter" sign)
NRM 8.4.4E
Caution
NRM 8.4.5
Stay On Trail
NRM 8.2.20
4
Caution Trucks Hauling
NRM 8.4.9
Grant -In- Aid -Trail
NRM 8.5.7
2
Snowmobile Trail Closed
NRM 8.6.9
No Motorized Vehicles Permitted
NRM 8.4.14
Decal: Beyond This Point (for NRM 8.4.14)
NRM 8.4.14C
Decal: Except Snowmobile (for NRM 8.4.14)
NRM 8.4.14F
Decal: Except ATVs & Snowmobiles (for NRM 8.4.14)
NRM 8.4.14G
Motorized Symbol - Snowmobile 12 "x12"
NRM 8.4.22A
Motorized Symbol -NO/ Snowmobile 12 "x12"
NRM 8.4.221
12
Nonmotorized Symbol - XC Skiing UNIT' Blue
NRM 8.4.24N
Nonmotorized Symbol - XC Skiing 3 "x3" Decal Blue
NRM 8.4.24N
Reassurance Blazer 5 "x7" (specify orange or blue)
NRM 8.4.7A
25 orange
+ Intersection (specify snowmobile - orange or ski - yellow)
NRM 8.4.8A
T Junction (specify snowmobile - orange or ski- yellow)
NRM 8.4.8B
Directional Arrow (specify snowmobile - orange or ski - yellow)
NRM 8.4.8C
• Junction - Right (specify snowmobile- orange or ski - yellow)
NRM 8.4.813
• Junction - Left (specify snowmobile - orange or ski - yellow)
NRM 8.4.8E
Curve - Right (specify snowmobile - orange or ski- yellow)
NRM 8.4.8F
Curve - Left (specify snowmobile- orange or ski- yellow)
NRM 8.4.8G
Winding Trail (specify snowmobile - orange or ski - yellow)
NRM 8.4.8H
Ski Pass required Here 8 "x8"
NRM 8.5.24
2
NOTE: These signs are available on a limited basis through DNR Area Offices. Quantities are Limited If signs are not available, the Trail Administrator is
responsible for obtaining signs from other sources.