HomeMy WebLinkAboutItem 06.rZ44
November 7, 2011 Item No.
APPROVE MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM
AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Proposed Action
Staff recommends adoption of the following motion: Move to approve Minnesota
Snowmobile Trails 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 trail maintenance funding for its snowmobile trails. The grant
awarded to the City for the 2011 -2012 winter season is $18,957.20. Maintenance and
grooming of snowmobile trails is completed by 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 Snowmobile Trails Assistance Program Maintenance and
Grooming Grant Agreement with Minnesota DNR
Gerald S. Michaud
Parks & Recreation Director
Financial Impact: $ 18,957.20 Budgeted: N/A Source: MN DNR
Related Documents (CIP, ERP, etc.):
Notes:
MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM
SNOWMOBILE FY 2012
MAINTENANCE AND GROOMING GRANT AGREEMENT
Local Unit of Government ( Sponsor) Trail/Club Name Grant Amount
City of La Lakeville Sno Trackers $18,957.20
THIS AGREEMENT is made between the STATE OF MINNESOTA, acting by and through the
Commissioner of Natural Resources, hereinafter referred to as the "State," and Local Unit of Government, hereinafter
referred to as the "Sponsor" relating to the maintenance and grooming of the trails specified above; and
WHEREAS, the Sponsor desires to maintain trails for the enjoyment of the public; and
WHEREAS, the Minnesota Snowmobile Trails Assistance Program provides grants to local units of government for the
maintenance of recreational trails pursuant to Minnesota Statutes Chapter 84.83; and
WHEREAS, the Sponsor has applied to the State for a grant for said trails and has submitted the Minnesota Snowmobile
Trails Assistance Program Maintenance and Grooming application form, maps, required attachments, and resolution of
the Sponsor authorizing the proposed maintenance and grooming and said application form, map and resolution are
attached and incorporated into this agreement as Exhibit A, hereinafter referred to as the "Plan "; and
NOW THEREFORE, it is agreed between the parties as follows:
A. TRAIL OBLIGATION OF THE SPONSOR. The Sponsor agrees to maintain the proposed trails in accordance with
the guidelines contained within the current Minnesota Snowmobile Trails Assistance Program Maintenance and
Grooming Manual, hereinafter referred to as the "Manual" as accepted or amended by the State. All work will be the
responsibility of the Sponsor, it's employees, or the sponsor's agent provided the agent is registered as a nonprofit
corporation with the State of Minnesota. The Sponsor 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. Provide adequate maintenance and grooming on the Trail, which shall include keeping it reasonably safe for public
use; provide sanitation and sanitary facilities when needed; and provide other maintenance and grooming as may be
required. The Sponsor and not the State is responsible for maintaining signs and maintenance and grooming of the
Trail.
B. TECHNICAL ASSISTANCE. Upon the request of the Sponsor to the extent possible, the State will provide technical
assistance with major problems encountered in the maintenance and grooming of the Trail.
C. FUNDING. The State's sole responsibility under this Agreement is to provide funds to the Sponsor. 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.
Form revised 8/2010 1 of 5
D. DISBURSEMENT. The State agrees to disburse funds to the Sponsor pursuant to this Agreement based upon the
satisfactory completion of significant performance benchmarks as identified in section F. This grant shall not exceed the
Grant Amount as specified above. Funds not earned and paid out will be canceled annually at the end of the State's fiscal
year (June 30).
E. GROOMING. In order to receive maximum disbursement from this Agreement, the Sponsor agrees to groom the
entire Trail referred to within the Plan in accordance with the Trail Grooming Guidelines established in the Manual.
F. PAYMENT.
1. Trail Completion Benchmark, 40% of Total Grant Amount
Disbursement of these funds is contingent on the sponsor providing a high quality map that shows the final alignment
of the trail and a Trail Completion Certification Form that the trail is open and available for use. The certification
must be received by December 15` of that year. This includes having the trail brushed, bridges in repair, signs
installed, gates were capable of being open (snow permitting), and any other additional work needed. Also the
Sponsor ensures that interest in lands to operate a snowmobile trail have been acquired through fee, easement, lease,
permit, or other authorizations of interest throughout the entire Trail.
2. Grooming Certification Benchmark, Opening— January 15, 25% of Total Grant Amount
A portion of the grooming monies will be disbursed to the Sponsor by the DNR based upon the Certification of
Satisfactory Grooming Form received from the Sponsor that the trails have been properly groomed from opening day
through January 15 The certification must be received by February 15` of that year. The Sponsor in coordination
with the Club must maintain sufficient records to document the activity.
3. Grooming Certification Benchmark, January 16 — Closing, 25% of Total Grant Amount
The second disbursement of the grooming monies will be made to the Sponsor by the DNR based upon the
Certification of Satisfactory Grooming Form received from the Sponsor and verification that the trails were groomed
to the satisfaction of the Sponsor from January 16 through the end of the season. The certification must be received
by April 15 t11 of that year. The Sponsor in coordination with the Club must maintain sufficient records to document the
activity.
4. Trail Closure /Application Submission Benchmark, 10% of Total Grant Amount
The final payment will be based upon the Trail Closure /Application Submission Certification form received from the
Sponsor. The certification must be received by May 15 "'. A completed application for the next year must accompany
the certification. Must provide evidence that Sponsor and Club attended spring training session conducted by DNR.
A map indicating the "anticipated" alignment of the trail must also be submitted. A back -up grooming plan must also
be provided.
G. PENALTIES.
a) If it is determined that the Trail Completion Certification benchmark in this Plan has not been satisfactorily
completed but was certified as having been completed by the Sponsor, the Sponsor may be assessed a penalty of
up to 40% of the Total Annual Grant Amount.
b) If it is determined that the Grooming Certification benchmark for the period of opening day through
January 15 in this Plan has not been satisfactorily completed but was certified as having been completed by the
Sponsor, the Sponsor may be assessed a penalty of up to 25% of the Total Annual Grant Amount.
Fonn revised 8 /2010 2 of 5
c) If it is determined that the Grooming Certification benchmark for the period of January 16 through the end
of the season in this Plan has not been satisfactorily completed but was certified as having been completed by the
Sponsor, the Sponsor may be assessed a penalty of up to 25% of the Total Annual Grant Amount.
d) If it is determined that the Trail Closure /Application Submission Certification benchmark in this Plan has not
been satisfactorily completed but was certified as having been completed by the Sponsor, the Sponsor may be
assessed a penalty of up to 10% of the total annual Grant Amount.
In addition to the above penalties, the State reserves the right to reduce payment in the following year's agreement or
to exclude the Sponsor from participation in the Trails Assistance Program for up to 3 years.
H. ACCOUNTING AND AUDIT. The Sponsor shall.maintain books, records, documents, and other evidence relevant to
this grant and in such detail that will accurately reflect the benchmarks that have been reached in this program and that
have received payment. The Sponsor shall use generally accepted accounting principles and these records shall be
retained for six years after this grant terminates. The State, its representative or the legislative auditor shall have the right
to examine this evidence and the Sponsor shall make them available at the office at all reasonable times during the record
retention period. 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.
I. WORKER'S COMPENSATION. The Sponsor shall comply with the provisions for worker's compensation in
Minnesota Statutes Chapter 176.181, Subd. 1 and 176.182 and all applicable rules and subsequent amendments thereto.
J. 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 provisions of the Minnesota
Tort Claims Act, Minnesota Statutes Chapter 3.736 and other applicable law shall govern the State's liability. The
provisions of Minnesota Political Subdivisions Tort Liability, Minnesota Statutes Chapter 466.02 and other applicable law
shall govern the Sponsor's liability.
K. TERM.
K.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.
K.2 Expiration date: June 30, 2012, or until all obligations have been satisfactorily fulfilled, whichever is sooner.
L. 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. The State and the Sponsor
may also terminate it upon mutual agreement, upon 30 days' written notice to each entity.
M. 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 both parties to this Agreement.
N. DATA DISCLOSURE. Under Minnesota Statutes § 270.66, 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.
Fonn revised 8 %2010 3 of 5
O. 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.
P. 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.
Fonn revised 8/2010 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
LOCAL UNIT OF GOVERNMENT SPONSOR
Local Unit of Government (Sponsor)
i
Authorized Signature
Title
Date
Authorized Signature
Title
Date
DEPARTMENT OF NATURAL RESOURCES
Individual certifies that funds have been encumbered as required by M.S. §
16A.15 and 16C.05.
State Encumbrance Verification
Date
"T
�
SWIFT PO #:�
Signature (Recommend for Approval)
Parks and Trails Regional
Date
Manager
Authorized Signature
Parks and Trails Division
Date
Director
Form revised 812010 5 of 5
MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM
MAINTENANCE AND GROOMING APPLICATION
Trail /Area Name /Type of Trail (PRINT or TYPE) Date
Lakeville Sno Trackers /Snowmobile Trails May 9, 2011
Trail Administrator (PRINT or TYPE) T Irk Ad s k ITe
Gerald S. Michaud -��'
Address (No. & Street, RFD, Box No., City, State, Zip Code) Home Phone Number Work Phone Number
20195 Holyoke Avenue 612 -718 -4035 952- 985 -4601
Lakeville, MN 55044
GPS Verified Miles of Trail:
County 1: Dakota -44.84
County 2: Scott-10.6
County 3: Rice -1.66
Date of Meeting
Attended:
May 11, 2011
Verified Miles:
Department
Mileage Rate:
Use Only
Amount:
Recommended:
Area Trails Supervisor
SPONSOR APPROVAL
Unit of Government Telephone Number (Include Area Code):
City of Lakeville 952- 985 -4601
Authorized Signature (9f po , sor Title Date
�. ; Et „ Parks & Recreation Director May 9, 2011
!`F72'TTFT!''A'TT"N RV TIFPAT2TX4VN OF NATTTRAT. RF.q(1TTRC'Rq
Authorized Signature For DNR
Date
Area Trails Supervisor
Authorized Signature For DNR
Date
Regional Parks and Trails Manager
Checklist/Mandatory Attachments:
X Certification of Trail Closure /4 Benchmark
_X_ Grooming Logs from the Previous Year
_X_ Sponsor Resolution
_X_ Update of Current Trail Alignments
X_ Backup Grooming Plan
X Proof of Club Non - Profit Status
X Trail Contact Information
_X_ Sign Order (if applicable Form)
Revised 3.'19/2010
01
° a
w
U
Q
F
N
a
a�
O
z
F
z
z
�8
w
O
a
z
O
x
O
H
W
a
O
— --
l �1
0
0
N
N
cz
0
N
Sz
.0
9
3
O �
.gy
��-
u
m
fi
a.
J
t
cu
cJ
ffi
E
-
E
E
E
E
£ E
6 �
F �
L
L
L
L
L
L
Lr
4+
L
4r
i.1
Lr
LI
i.1
�I
4e
LY
Lp
S
s
(
o
cl_
kp,
5E
O8—
S
N
cp
S
�
H
a
Nr
c
F
ma e
ti
0
0
N
N
5
a
a
W
U
d
E�
F�1
7
a
W
1�
0
3
O
z
U�
H
O
W
z
W
x
V
O
C7
z
C7
0
W
a
O
0
O
N
n
a�
LLB
5�
.4
a
J
`w-
e
o
°
9
=�
J
a
c
F �
L
V
L
4.
i.n
L
N
fn
i.n
w
61
it
x
—
CO
61
U
° e
F
_
o
- 19
a
d
I
d
CL
fill
Qn
>
3
cn
C
p
5
0.-
` e
N
t,3
F
�
0
O
N
n
a�
LLB
�i
W Er
W
F �
v' O
a z
O
H �
� O
E-'
z w
O
F
W
z
z
i y
t�
^V�
a
J
IF
p 1
h
0
CC.
�
Q
kn
H V
.
N
h
l
E
H
0
m
L
�
J
e
a
t
a
a
e
e
N
`
Is,
N
F
in x
r+
0
0
N
N
-n
ti
x
ry
I
ai
z
O-W
CG
at-
I f
P4
Lw
LA
Qcd
-YI
F�
O
Vl
�
V
�
�
�
�
V1
r
CG
O
a
W
v
of
�i
rJ]
a
F
J
O
z
F
0
W
z
W w
T ^
V 1
� O
V
z
O
�i
0
w
a
O
r
0
d
IJ
0
3
E
4
a
z
6
\ \
—
\
—
\
—
\
• C.
\
C
\
G
\
G
\
C
\
�
\
C
\
\
\
\
\
\
\
\
\
� E
0
� o
F �
y
y
y
L
L
L
L
L
L
L
L
y
L
y
V
v
C1 ° o
f "
1 n
b
Ap
h
J
C
1
h
N
R
a
6
m
_
!
M
F
O
N
n
N
v
x
(-)
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:
HON Dahl,' Mayor
fj
Charlene Friedges, City Clerk
CITY OF LAKEVILLE,
t�
NORTH AMERICA'S LARGEST DEALER OF SNOW GROOMING VEHICLES S EQUIPMENT
April 14, 2011
Lakeville Sno Trackers
20736 Independence Court
Lakeville, MN 55044
Dear Lakeville Sno Trackers,
Track, Inc. hereby agrees to supply your club, the Lakeville Sno Trackers
Snowmobile Club, with a vehicle of comparable value in the event that your 2003
Tucker Sno -Cat suffers any damage or repair needs that results in a significant
downtime. Due to our location, this vehicle will be available within 12 hours of
the determination of need.
Sincerely,
Lorene Hanson
President
Track Incorporated
9600 James Avenue South
Bloomington, MN 55431
lorenehanson -trackinc.com
952.888.7372
9600 James Avenue S. 1m Bloomington, MN 55431 " 952.888.7372 r, Fax: 952.884.2936 I, www.trackinc.com
NON- PROFIT CORPORATION
Page 1 of 1
Annual Business Renewal
MINNESOTA SECRETARY OF STATE
2011 NONPROFIT CORPORATION ANNUAL RENEWAL
Minnesota Statutes Chapter 317A
Must be filed by December 31
Annual Renewal Filing Date: 04/15 /2011
Sno- Trackers, Inc.
9446 210th Str W PO Box 10
Lakeville, MN 55044
CURRENT INFORMATION ON FILE-
File##: H -577 State of Incorporation: MINNESOTA
Entity Name:
Sno - Trackers, Inc.
Registered Agent/ Registered Office Address:
[No Name Provided]
9446 210th Str W PO Box 10
Lakeville, MN 55044
Previous
Current
Name of President
Name and Business Address of President:
Mark Weber
Mark Weber
6436 Le Sueur Ave.
New Prague MN 56071 -4169
Contact Information:
Jonathan Giorgi
952 -985 -4209
snotrackers@a frontier.corn
https:llonline.sos. state.mn.uslabrleorp annual_ filing. asp ?spage=af -i &page -view &filingniunber =... 4/15/2011
: 00'
It MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM
MAINTENANCE AND GROOMING GRANTS
TRAIL CONTACT INFORMATION FORM
The following form must be completed for each grant -in -aid grant. The information provided will be
used for the snowmobile trail quad maps and on the official DNR Web site.
1. Trail Name:
2. Club Name:
Lakeville Snowmobile Trails
Lakeville Sno Trackers Snowmobile Club
2. Trail Map Number (fi Quaff Map):
3. Unit of Government Sponsor:
#223, DNR Area 3B
City of Lakeville
4. Public Trail Contact Name (please print):
5. Public Trail Contact Phone Number:
Gerald S. Michaud
952- 985 -4601
6. 1 approve the use of my name and phone number by the Minnesota Department of Natural Resources as
it relates to snowmobile trail information for the above referenced snowmobile trail. I certify that I am
the public contact person for tlri rail system. Trail contact information will be included on the
snowmobile trail quad maps an o the official DNR Web site. _
Public Trail Contact Signa T re: Date of Signature:
May 9, 2011