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HomeMy WebLinkAboutItem 06.oNovember 13, 2013 Item No. 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 2013 -2014 winter season is $17,701.00. 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 Brett Altergott Parks & Recreation Director Financial Impact: $ 17,701.00 Budgeted: N/A Source: MN DNR Related Documents (CIP, ERP, etc.): Notes: STATE OF MINNESOTA ENCUMBRANCE WORKSHEET State Accounting Information: SWIFT PO No. Agency: Lakeville Sno Trackers Fiscal Year: 2014 Vendor Number: 0000197692 Total Amount of Contract: $17,701.00 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: $17,701.00 Amount: Amount: Accounting Chartfield 1: Accounting Chartfield 2: Accounting Chartfield 3: Fund: 2101 Fund: Fund: ApprlD: R294401 ApprlD: ApprlD: FinDeptlD: R2934352 FinDeptlD: FinDeptlD: Agency Cost 1: 29415 Agency Cost 1: Agency Cost 1: Agency Cost 2: A Cost 2 Agency Cost 2 Amount: $17,701.00 Amount: Amount: Contract Purpose: FY 2014 Snowmobile GIA Maintenance and Grooming Grant Contract Start Date: 7/1/2013 Expiration Date: 6/3012014 Trail /Club Name: Lakeville Sno Trackers Sponsor Name and Address: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Submitted by: Princess Moss ���� Phone: 651 259 -5736 MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM SNOWMOBILE FY 2014 MAINTENANCE AND GROOMING GRANT AGREEMENT Local Unit of Government (Sponsor) Trail /Club Name Grant Amount City of Lakeville Lakeville Sno Trackers $17,701.00 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, required attachments, and resolution of the Sponsor authorizing the proposed maintenance and grooming. The submitted application form and required attachments are hereinafter referred to as the "Plan ", and the sponsor resolution is attached and incorporated into this agreement as Exhibit A; 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, its 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. Form revised 9/2013 Page 1 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. 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, 45% 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 t ' 1 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 of that year. The Sponsor in coordination with the Club must maintain sufficient records to document the activity. 4. Trail Closure /Application Submission Benchmark, 5% 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 t ''. 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. 1. 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 45% of the Total Annual Grant Amount. Fonn revised 9/2013 Page 2 2. 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. 3. 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. 4. 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 5% 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. 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. 2 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. 1. Effective date: July 1, 2013, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 2. Expiration date: June 30, 2014, 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. Form revised 9/2013 Page 3 N. DATA DISCLOSURE. Under Minn. Stat. § 270C.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. 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:Hfiles.dnr.state.nm.us/ assistance /grants /recreation/ohv /area sups.pdfl 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. Q. 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 (brush/broom, 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. Form revised 9/2013 Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. LOCAL UNIT OF GOVERNMENT SPONSOR Local Unit of Govermnent (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. § 16A.15 and 16c.05. State Encumbrance Verification Date SWIFT PO #: lf�l Signature (Recommend for Approval) Parks and Trails Regional Date Manager Authorized Signature Parks and Trails Division Date Director or Deputy Director Form revised 9/2013 Page 5 MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM MAINTENANCE AND GROOMING APPLICATION Trail /Area Name /Type of Trail (PRINT or TYPE) Date Date Lakeville Sno Trackers /Snowmobile Trails May 6, 2013 Trail Administrator (PRINT or TYPE) Trail dministrator Signature Brett Altergott Regional Parks and Trails Manager Address (No. & Street, RFD, Box No., City, State, Zip Code) Home Phone Nunkerj Work Phone Number 20195 Holyoke Avenue 612- 718 -4035 952 -985 -4601 Lakeville, MN 55044 GPS Verified Miles of Trail: Date of Meeting County 1: Dakota -44.84 Attended: County 2: Scott -10.6 4/30/13 County 3: Rice -1.66 Department Use Only Verified Miles: Mileage Rate: Amount: Recommended: SPONNOR APPROVAL Unit of Government Telephone Number (Include Area Code): City of Lakeville 952- 985 -4601 Authorized Signature of Sponsor Title Date i/ Parks & Recreation Director May 6, 2013 CERTTFICATIOTRT RV "F.PARTN4VNT (1F NATITR AT. RF.gMTOCVQ. Authorized Signatu or 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 SNOWMOBILE TRAILS ASSISTANCE PROGRAM MAINTENANCE AND GROOMING Certification of Trail Closure /Application Submission 4 th Benchmark — Due By May 15 Trail Name: Lakeville Snowmobile Trails Club /Organization Name: _ Lakeville Sno Trackers Snowmobile Club Trail Administrator Signature: WQ 17 - -- Date: 1 4 -- 30- f3 By signing this form, the Sponsor certifies that the above snowmobile trail has been satisfactorily closed as defined within the Minnesota Snowmobile Trails Assistance Program Manual, an application for the coming grant round is completed and on file by May 15 and that a backup grooming plan is in place and is on file in the event the groomer or the operator are not able to maintain the trails. Is there any reason why the Department of Natural Resources should withhold any part of this payment? YES NO_X If YES, please elaborate: Sponsor Name (Local Unit of Government): City of Lakeville Signature: Date Title: Parks & Recreat irector Amount requested $1,895.72 contract.) (Up to 10% of the original DEPARTMENT USE ONLY THIS INVO APPROV FOR PAYMENT BY: Parks and Trails Area Supervisor —OK TO PAY Date FY Amount SWIFT PO: RECEIPT # VENDOR #: LINE # SERVICE BEGIN DATE: April 1, 20 SERVICE END DATE: INVOICE #: BM4 Vendor Name and Address: y -3o- I Revised 7/2012 t� --4- O CL 0 w v a a 0 w CIO g 0 a 01 c� a aL VN A A it a Ul Ar M C3" IZ t`L t`1 01 c� �a O a. O 11 �j 8 55 tp � N � c� N 11 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. 4At- T r a, C:I<INC NORTH AMERICA'S LARGEST DEALER OF SNOW GROOMING VEHICLES S EQUIPMENT April 11, 2013 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 during the 20132014 grooming season. 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 Jaynes Avenue S. a Bloomington, MN 55431 a 952.888.7372 ® Fax: 952.884.2936 a www.trackinc.com Office of the Minnesota Secretary of State Minnesota Nonprofit Corporation /Annual Renewal Minnesota Statutes, 317A Annual Renewal Year: Annual Renewal Filing Date: Nonprofit Corporation Name: Original Filing Number: Home Jurisdiction: Updated Filing Party Information: Party Type: Name: Registered Office Address 2013 4/30/2013 Sno- Trackers, Inc. H -577 Minnesota Address: 9446 210th Str W PO Box 10 Lakeville MN 55044 President Larry Lulf 16560 Kenreel Ave. West Lakeville MN 55044 i Work Item 669949100024 Original File Number H -577 STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE FILED 04/30/2013 11:59 PM 000 ;eM44L ` r Mark Ritchie Secretary of State 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 (from 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: Brett Altergott 952- 985 -4601 - the use of my name if 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 this trail system. Trail contact information will be included on the _ " � nd on the official D sno ile trail ua Public Trail Contact Signature: Date of Signature: May 6, 2013 DNR Approval Authorized Signature: Date of Signature: Area Trails Unit Supervisor Purchase ome. IIIIIIIIIIIIIIIBVIIIIRIIIIIIIIIIIIIIIIC1111YIIIIVI Department of Natural Resource PAT R3 CEN Region Vendor: 0000197692 LAKEVILLE CITY OF 20195 HOLYOKE AVE LAKEVILLE MN 55044 United States Dispatch Via Phone Purchase Order R2901- 3000049200 Date 11/04/2013 Revision Page 1 of 1 Payment Terms Freight Terms Ship Via Event ID Net 30 FOB Ground Destination, Prepd & Allow Buyer Phone Currency Agency Reference Sandra L. Bowes 651/259 -5820 USD Ship To: DNR PAT R3 CENTRAL REGION 1200 WARNER RD ST PAUL MN 55106 -6707 United States Attention: Bill To: Not Specified DNR PAT R3 CENTRAL REGION 1200 WARNER RD ST PAUL MN 55106 -6707 United States Tax Exempt? Tax Exempt ID: Replenishment Option: Standard Line - Sch Item /Description Mfa ID Quantitv UOM PO Price Extended Amt Due Date 1 - 1 FY 2014 Snowmobile GIA Maintenance and Grooming Grant, Lakeville Sno Trackers. City of Lakeville Contract ID: 0000000000000000000071156 Contract Line: 1 Schedule Total Item Total 1.0000 DO 17701.00000 1. Show the purchase order number on invoice and all tags, packages and correspondence. 2. This purchase order incorporates by reference all terms, conditions and specifications of the Contract, the RFP /RFB and vendor's response. In case of a conflict in terms, the order of precedence shall be: First, this P.O., second the contract, third the RFP /RFB, and fourth the vendor's response. 3. All deliveries hereunder shall comply with all applicable State of Minnesota and Federal laws. 4. Invoicing must match line items on the purchased order. 5. The state of MN holds direct Pay Permit 1114, issued July 1, 1995 and pays tax directly to Revenue. DO NOT CHARGE SALES TAX unless otherwise instructed to do so on this purchase Order or the solicitation document. 6. Payment terms are Net 30 unless a discount is offered for early payment. Total PO Amount 17701.00 06/30/2014 17701.00 17701.00 17701.00 Issuer certifies that funds have been encumbered Issued By: and appropriate approvals have been obtained. Sandra L. Bowes