HomeMy WebLinkAboutItem 06.fOctober 15, 2013 Item No.
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 2013 -2014 winter season is
$5,309.84. 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
Brett Altergot
Parks & Recrea i Director
Financial Impact: $5,309.84 Budgeted: Source: MN DNR
Related Documents (CIP, ERP, etc.):
Notes:
STATE OF MINNESOTA
ENCUMBRANCE WORKSHEET
State Accounting Information:
SWIFT PO No.
q?1,9.)
Agency: R29
Fiscal Year: 2014
Vendor Number-.009 951
Total Amount of Contract: $5,309.84
Amount of contract first FY:
Amount of contract second FY:
UNSPSC /Category: 84101501
UNSPSC /Category:
UNSPSC /Category:
Account Code: 441302
Account Code:
Account Code:
Amount: $5,309.84
Amount:
Amount:
Accounting Chartfield 1:
Accounting Chartfield 2:
Accounting Chartfield 3:
Fund: 2116
Fund:
Fund:
ApprlD: R294209
ApprlD:
ApprlD:
FinDeptlD: R2934352
FinDeptlD:
FinDeptlD:
Agency Cost 1: 29415
Agency Cost 1:
Agency Cost 1:
Agency Cost 2
Agency Cost 2
Agency Cost 2
Amount: $5,309.84
Amount:
Amount:
Contract Purpose: FY 2014 Cross Country Ski GIA Maintenance and Grooming Grant
Contract Start Date: 8/1/2013 Expiration Date: 6/30/2015
Trail /Club Name: City of Lakeville
Sponsor Name and Address:
Submitted by: _Victoria Museus
Ritter Farm Park
_20195 Holyoke Ave
_Lakeville, MN 55044
Phone: 651/259-5736
MINNESOTA TRAIL ASSISTANCE PROGRAM
CROSS - COUNTRY SKI FY2014
TRADITIONAL GRANT AGREEMENT
Local Unit of Government "Sponsor"
Trail Name
State Cost
Effective Date
City of Lakeville
Ritter Farm Park
$5,309.84
See Item I
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.
Revised 7/2013 Page I of 5
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.
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.
Revised 7/2013 Page 2 of 5
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.
I. TERM.
I.I Effective date: August 1, 2013, 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.
I.2 Expiration date: June 30, 2015, 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.
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.
Revised 7/2013 Page 3 of 5
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:Hfiles dnr state mn.us/ assistance /grants /recreation/ohv /area sups.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.
P. INVASIVE SPECIES PREVENTION. The DNR requires active steps to prevent or limit the introduction,
establishment, and spread of invasive species during work. The Grantee and /or contractor shall prevent
invasive species from entering into or spreading within a project site by cleaning equipment prior to
arriving at the project site. .
If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material,
mulch, vegetation (including seeds) or animals, it shall be cleaned by Grantee and /or contractor
furnished tool or equipment (brushibroom, compressed air or pressure washer) at the staging area. If the
material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck,
or wrap with tarp) and legally dispose of offsite. Note that transporting noxious weeds requires a permit
from the Minnesota Department of Agriculture.
The Grantee and/or contractor shall ensure that all equipment and clothing used for work in infested
waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used
in non- infested waters. All equipment and clothing including but not limited to waders, tracked
vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested
waters must be thoroughly decontaminated.
Revised 7/2013 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
LOCAL UNIT OF GOVERNMENT SPONSOR
Local Unit of Govenunent (Sponsor)
State Encumbrance Verification
Date
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 16C.05.
SWIFT PO #: y ] 5 3
-1
Signature (Recommend for Approval)
Parks and Trails Regional
Date
Manager
Authorized Signature
Parks and Trails Division
Date
Director
Revised 7/2013 Page 5 of 5
MINNESOTA CROSS - COUNTRY SKI TRAIL ASSISTANCE PROGRAM
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 6, 2013
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. Trai dministrator Signature:
Brett Altergott
8. Address (street, Box Number, City, state, zip code):
9. Home Phone Numb .
10. Work Phone Number:
20195 Holyoke Ave., Lakeville, MN 55044
612 - 718 -4035
952- 985 -4601
11. Miles of Existing Trail in GIA System:
12. Miles of Existing Trail Not in GIA System (If Applicable):
5.7
N/A
13. Pro ect Cost Breakdown and Ex lanation
13A. ADMINISTRATION
TOTAL
Explanation: Attend meetings, inspect trails, prepare applications, prepare
$ 553.00
reimbursements, etc.
13B. 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, fmal inspection and final cleanup
Labor
Mileage
Equipment
Materials
TOTAL
$ 500.00
$150.00
$ 400.00
$ 200.00
$1
(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: $ 3,353.00
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
h
14C. Total Cost (sum 14A & 1413): $ 11,253.00
15C. Total Grant Request (I5A+ 15B): $ 9,289.45
1 Approval
16A. Unit of Government Sponsor:
1613. Telephone Number (Include Area code):
City of Lakeville
952- 985 -4601
16C. Address (Street, Box Number, City, State, Zip Code):
20195 Holyoke Ave., Lakeville, MN 55044
16D. Authorized Signature of Sponsor:
16E. Title:
16F. Date of Signature:
Parks &Recreation Director
/ /
17. Required Attac en
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:
Area Trails & Waterways Supervisor
Date of Signature:
Authorized Signature:
Regional Trails & Waterways Manager
Date of Signature:
(Revised 11/27/2007) Page 2 of 2
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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 SKl 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 3rd day of May 2010.