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HomeMy WebLinkAboutItem 06.k Date: Item No. GRANT AGREEMENT WITH DAKOTA COUNTY FOR AQUATIC INVASIVE SPECIES AID Proposed Action Staff recommends adoption of the following motion: Move to approve Grant Agreement with Dakota County for Aquatic Invasive Species prevention activities. Overview Dakota County’s Aquatic Invasive Species (AIS) Grant Program provides funding to assist with local AIS prevention activities. The City successfully secured an AIS Aid Grant to provide additional Minnesota Department of Natural Resources (MnDNR) Watercraft Inspection services at the Lake Marion public access in 2017. The additional hours supplement normal inspection and assist in intercepting aquatic invasive species and educating/informing lake users. The Grant Agreement establishes City and County responsibilities/cost-share for participating in the MnDNR Watercraft Inspection Program. Primary Issues to Consider • The MnDNR Watercraft Inspection Program will provide up to 336 hours of additional watercraft inspection services on Lake Marion in 2017. The City is eligible for reimbursement of 50% of the costs associated with the additional MnDNR Watercraft Inspection Program services. The City’s estimated total cost is $4,032; the City’s estimated net cost (following reimbursement) is $2,016. Supporting Information • Grant Agreement (Contract Nos. C0029240) Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: McKenzie Cafferty, Environmental Resources Manager August 7, 2017 2,016 Environmental Resources Fund Dakota County Contract C0029240 1 | Page AQUATIC INVASIVE SPECIES AID GRANT AGREEMENT This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and the City of Lakeville (Grantee). Recitals WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement; WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive Species Prevention Aid; WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs to manage and prevent the growth of aquatic invasive species with local units of government, soil and water conservation districts, watershed districts, or lake associations, in the county; WHEREAS, aquatic invasive species threaten the recreational suitability of Lake Marion in Dakota County and the City of Lakeville has proposed to provide funding for DNR AIS inspection coverage at the Lake Marion public water access (Services). WHEREAS, the Grantee agrees to perform all Services/Project described in this Agreement to the satisfaction of the County; NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the Grantee agree as follows: AGREEMENT 1. Parties: The parties to this Agreement are the County and Grantee, collectively referred to as the “Parties”. 2. Effective Date and Term: Notwithstanding the dates of signatures of the Parties to this Agreement, the effective date of this Agreement is from June 1, 2017 through December 31, 2017, or until completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City of Lakeville for Aquatic Invasive Species prevention activities. 4. Grantee Obligations A. Grantee shall provide the following services (Services), described as: administration and funding for DNR AIS inspection grant to provide DNR AIS inspection coverage at the Lake Marion public water access and more specifically in accordance with Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the Grantee’s Proposal, attached Dakota County Contract C0029240 2 | Page hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies between this Agreement and Exhibits A or B, the priority of documents shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s Aquatic Invasive Species Grant Program (Exhibit B); 4) the Grantee’s Proposal (Exhibit C). B. Publicity: Grantee shall acknowledge funding provided by the County in any promotional materials, signage, reports, publications, notices, or presentations related to activities conducted under this Agreement. This section shall survive the expiration or termination of this Agreement. 5. Reimbursement. The Grantee may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. No reimbursements will be made for expenditures incurred prior to the effective date of this Agreement. The County will reimburse the Grantee within 45 calendar days of Grantee’s submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 15, 2017. The Grantee must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic Invasive Species Plan attached hereto and incorporated by reference to this Agreement as Exhibit A, that Grantee has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Grantee understands and agrees that payments by the County to Grantee under this Agreement are dependent upon payments to the County from the State, through the Department of Revenue. The Parties agree that payment to the County from the State is a condition precedent of this Agreement and if payment from the State is not obtained or continued or is decreased by any amount the County may reduce or terminate this Agreement by giving Grantee 30 days’ notice. If the Agreement is terminated due to lack of funding from the State, Grantee shall only be entitled to the actual cost of Services rendered up to the date of termination. If payment from the State to the County is decreased, the Parties may negotiate a decrease in the amount of Services provided in the Agreement. The Grantee agrees that the County’s decision not to terminate shall be sufficient consideration for any modification of the Agreement. 6. Authorized Representatives: The following named persons are designated as the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. Dakota County Contract C0029240 3 | Page The County’s Authorized Representative is: Georg Fischer or successor, Director Environmental Resources Department 14955 Galaxie Avenue Apple Valley MN 55124 Telephone: 952-891-7554 Email: Georg.fischer@co.dakota.mn.us The Grantee’s Authorized Representative is: Douglas P. Anderson, Mayor Lakeville City Hall 20195 Holyoke Avenue Lakeville MN 55044 Telephone: 952-985-4410 Email: danderson@lakevillemn.gov In addition, notification to the County or the Grantee regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The Parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. Indemnification and Insurance: Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. In order to insure a unified defense against any third-party liability claims arising from work of the Project, Grantee agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any purpose by the activities of the Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it applies. The Grantee agrees to abide by these statutes, rules and regulations and as the same may be amended from time to time. 9. Assignment, Amendments, Waiver and Complete Agreement. A. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the Grantee. Dakota County Contract C0029240 4 | Page 1. Use of Contractors. The Grantee may engage contractors to perform activities funded pursuant to this Agreement. However, the Grantee retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the Grantee from any of its obligations under this Agreement. If the Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the contract for such services shall include the following provisions: (1) The contractor must maintain all records and provide all reporting as required by this Agreement. (2) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (3) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an Incorporated as Exhibit D, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (4) The contractor must be an independent contractor for the purposes of completing the contracted work. (5) The contractor must acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between County and the contractor. (6) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. B. Amendments. Any amendment to this Agreement must be in writing and executed by the County and the Grantee. C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the Grantee. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. 10. Audit. The Grantee shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the Grantee shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The Grantee shall use generally accepted accounting principles in the maintenance of such books and records, and Dakota County Contract C0029240 5 | Page shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the Grantee, nor shall the County be considered or deemed to be an agent, representative or employee of the Grantee in the performance of this Agreement. Personnel of the Grantee or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 13. Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. 14. Compliance with the Law. The Grantee agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The Grantee is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 15. Default and Remedies. A. Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the Grantee fails to fully comply with any material provision, term, or condition contained in this Agreement. B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Grantee written notice of an event of default, the Grantee shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the Grantee is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the Grantee shall propose in writing the actions that the Grantee proposes to take and the schedule required to cure the event of default. C. Remedies. Upon the Grantee’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (1) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. Dakota County Contract C0029240 6 | Page (2) The County may enforce any additional remedies it may have in law or equity. (3) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the Grantee. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least at the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 17. Ownership of Materials and Intellectual Property Rights. A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the Grantee, or its employees or sub-grantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (Materials) to the Grantee. B. The Grantee represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this Agreement to the contrary, Grantee shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 18. Firearms Prohibited Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of Grantee shall carry or possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of this Agreement at the sole discretion of the County. 19. Compliance with DNR requirements 19.1 Prior to conducting authorized watercraft inspections at water accesses, Grantee must be a local government unit and execute a Delegation Agreement with the Minnesota Department of Natural Resources (DNR). Dakota County Contract C0029240 7 | Page 19.2 Grantee must obtain a permit from the DNR prior to conducting invasive aquatic plant management activities. 20. Severability. Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. 21. Survival of terms The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and Venue. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: _____________________________________ Georg Fischer, Dakota County Environmental Resources Director Date of signature:__________________________ Approved as to form: /s/Helen R. Brosnahan ____________6/12/17 Assistant County Attorney Date Attorney File No. KS-17-216-007 FOR THE GRANTEE (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature line Printed Name:_______________________ Title: ______________________________ Telephone:_________________________ Date of signature:_______________________ 0 | P a g e Dakota County Aquatic Invasive Species Plan 2017 - 2020 Dakota County Contract C0029240 Exhibit A - Page 1 of 28 Photos of AIS found in Dakota County in 2016 (clockwise from top right): MN DNR (zebra mussels), Kayla Horan (rusty crayfish – Vermillion River), MN DNR (curlyleaf pondweed), MN DNR (flowering rush), Blue Water Science (Eurasian watermilfoil – Schulze Lake), MAISRC (common carp) Contents Aquatic Invasive Species (AIS) Advisory Committee ...................................................................................... i Acronyms ....................................................................................................................................................... i Introduction .................................................................................................................................................. 1 Dakota County Profile ............................................................................................................................... 3 What are Aquatic Invasive Species ........................................................................................................... 3 Pathways of Introduction and Spread ...................................................................................................... 4 Laws and Regulations ................................................................................................................................ 4 AIS Best Management Practices ............................................................................................................... 5 Reporting AIS ............................................................................................................................................ 6 Local AIS Prevention Aid Program ............................................................................................................ 7 Plan Purpose and Program History ............................................................................................................... 9 Adaptive Management ............................................................................................................................. 9 AIS Program Development ........................................................................................................................ 9 Inventory and Assessment .......................................................................................................................... 13 AIS Infestations in Minnesota ................................................................................................................. 13 Current AIS Research in Minnesota ........................................................................................................ 13 AIS Infestations in Dakota County .......................................................................................................... 15 Coordinating AIS efforts in Dakota County ............................................................................................. 17 Implementation Plan .................................................................................................................................. 18 Prevention ............................................................................................................................................... 18 Watercraft Inspections ....................................................................................................................... 18 Lake Service Provider Certification ..................................................................................................... 19 Alternative Pathways Assessment ...................................................................................................... 19 Early Detection ........................................................................................................................................ 19 Monitoring and Assessments .............................................................................................................. 20 Lake Byllesby Assessments ................................................................................................................. 21 Volunteer Monitoring Network .......................................................................................................... 21 Rapid Response ....................................................................................................................................... 21 Rapid Response Contingency Fund ..................................................................................................... 22 Rapid Response Plan ........................................................................................................................... 22 Outreach and Education ......................................................................................................................... 22 Outreach Materials ............................................................................................................................. 23 Youth Outreach Programs................................................................................................................... 23 Wetland Health Evaluation Program .................................................................................................. 23 Grant Program ........................................................................................................................................ 24 Appendix ..................................................................................................................................................... 25 Dakota County Contract C0029240 Exhibit A - Page 2 of 28 i | P a g e Aquatic Invasive Species (AIS) Advisory Committee Michael Rutten – Dakota County Water Resources, AIS Program Lead Brad Becker – Dakota County Water Resources Michael Behan – Dakota County Water Resources Paula Liepold – Vermillion River Watershed Joint Powers Organization Terry Vikla – Dakota County Operations Management – Parks Lindsey Albright – Dakota County Soil and Water Conservation District Acronyms AIS – Aquatic Invasive Species Committee – Dakota County AIS Advisory Committee DCSWCD – Dakota County Soil and Water Conservation District Extension – University of Minnesota – Extension LGU – Local Government Unit MN DNR – Minnesota Department of Natural Resources VRWJPO – Vermillion River Watershed Joint Powers Organization WMO – Watershed Management Organization Dakota County Aquatic Invasive Species Plan: 2017-2020 Adopted by the Dakota County Board of Commissioners on 4/18/2017 Plan prepared for the Dakota County Environmental Resources Department by the Dakota County Soil and Water Conservation District Dakota County Contract C0029240 Exhibit A - Page 3 of 28 1 | P a g e Introduction Since the early 2000s, the introduction and spread of aquatic invasive species (AIS) has occurred at an alarming rate throughout Minnesota and continues to be a growing concern across the state. Residents in Dakota County are not immune to these concerns. The county is bisected by the Vermillion River (Figure 1), many lakes and wetlands pocket suburban neighborhoods, and three major rivers define all or portions of the County’s northern, eastern, and southern borders (the Minnesota, Mississippi, and Cannon Rivers, respectively). The introduction of these non-native species (fish, plant, and invertebrate), unhindered by natural predators or disease, can cause quick, permanent, and detrimental alterations to a stream or lake ecosystem. As a result, these changes can have a negative impact on the recreational suitability of the stream or lake, which in turn, can impact the economic viability of the local community. AIS have already been detected in numerous Dakota County lakes, as well as the Vermillion (including its tributaries), Cannon, and Mississippi Rivers. There are also a number of invasive species, not currently found in Minnesota, that have the potential to negatively impact the health of waters in Dakota County as well. The Dakota County Aquatic Invasive Species Plan serves as a guide for the use of funding provided annually to Dakota County through the Minnesota Department of Natural Resources’ (MN DNR) Local AIS Prevention Aid program. The plan outlines the strategies utilized by Dakota County to help prevent the continued spread of AIS within the county and greater Minnesota. Through this program, Dakota County aims to support existing monitoring and implementation efforts by local government units (LGUs) and non-profit organizations (as well as conduct monitoring on waterbodies not currently monitored by LGUs), to assess AIS suitability within the County parks system (particularly Lake Byllesby), and to promote County-wide outreach efforts. The AIS program is overseen by the Dakota County Environmental Resources Department. In 2015, the Dakota County AIS Advisory Committee (Committee) was formed to provide ongoing management, oversight, and implementation of programs supported by AIS Prevention Aid funding. The Committee consists of Dakota County and Dakota County Soil and Water Conservation District (DCSWCD) staff members, with additional input from a broad range of stakeholders. The Dakota County AIS Advisory Committee works closely with local, state and federal governments, as well as nonprofit and private organizations operating in Dakota County, to develop and implement AIS prevention programs. Organizations and interested citizens assist the AIS Advisory Committee to better prioritize resources and develop workable strategies to prevent the spread of AIS into local waters. The Dakota County AIS Plan involves continued engagement with stakeholders by developing and coordinating outreach tools, providing training opportunities, and implementing strategies that adhere to the best management practices for increasing AIS awareness, monitoring, and management. Dakota County Contract C0029240 Exhibit A - Page 4 of 28 2 | P a g e Figure 1. Dakota County Aquatic Invasive Species Infested Waters **For more information about the specific AIS found in local waterbodies, refer to Tables 4 and 5 on pages 15 and 16 of this plan Dakota County Contract C0029240 Exhibit A - Page 5 of 28 3 | P a g e Dakota County Profile Dakota County is 587 square miles in area and has a population of approximately 400,000. Situated in the southeast corner of the Twin Cities Metropolitan area, Dakota County is the third most populous county in the state of Minnesota. Founded in 1849, Dakota County was one of the original nine counties created by the Minnesota Territory Legislature, thus, it was established before Minnesota was considered a state. The County seat was first established in Kaposia in 1853, was moved to Mendota in 1854, and then moved again to Hastings in 1857, where it currently resides. Mendota, directly across the river from Fort Snelling, became the first European settlement in Minnesota. Dakota County features a land use ratio of approximately 1/3 urban, 1/3 suburban, and 1/3 rural. The confluence of two major rivers (the Mississippi and Minnesota) that form the county's northern and eastern borders further compliments Dakota County’s unique geography. The County’s development and history have been greatly influenced by its proximity to these rivers. Between 1990 and 2000, Dakota County's population grew by nearly 30 percent. Development has continued to move outwards from the urban core of Minneapolis and St. Paul into suburban municipalities (Burnsville, Eagan, Inver Grove Heights, Apple Valley, Farmington, Lakeville and Rosemount), which has resulted in the dramatic increase in population in recent years. What are Aquatic Invasive Species According to the MN DNR, AIS are aquatic organisms that are non-native to Minnesota and cause harm to both the economic prosperity and natural resources of a given community or waterbody, as well as have potentially negative impacts on human health. Not all non-native species become ‘invasive’. Some species fail to thrive in their new environment and naturally die off without harming the ecosystem. Others survive, but are unable to outcompete the native species, thus they ultimately coexist without destroying or displacing the native species. Commonly found invasive aquatic plant species in Dakota County include curly-leaf pondweed, Eurasian water milfoil, and purple loosestrife. Although less common, aquatic invasive invertebrates such as zebra mussels, rusty crayfish, and Chinese mystery snail are also present within the County. The introduction and subsequent spread of AIS typically results in habitat alteration, ecosystem degradation, and a loss of bio-diversity due to intensified competition for resources. AIS typically have few natural predators, are able to reproduce rapidly, and are more aggressive than native species (which ultimately diminishes the success of native species). Along with negatively affecting aquatic wildlife, AIS have the potential to impede recreational opportunities and disrupt industrial, municipal, and agricultural uses of public waters. AIS infestations often span geographic and jurisdictional boundaries; thus, it is critical to coordinate management and prevention strategies across watershed and jurisdictional boundaries to slow the spread of AIS. Dakota County Contract C0029240 Exhibit A - Page 6 of 28 4 | P a g e Pathways of Introduction and Spread The means and routes by which species are introduced into new environments are called ‘pathways’ or ‘vectors’. Some species that become invasive are intentionally brought to an area for various uses, but escape from captivity or are carelessly released into the environment. Other invasives are unintentionally imported, arriving through livestock and produce, by transport equipment such as packing material or in a ship’s ballast water, or attached to an engine or boat trailer when moving between waterbodies. Other pathways by which AIS can be introduced to an ecosystem include:  Docks and lifts (moved from an infested waterbody to an uninfested waterbody)  Water recreational equipment (i.e. water trampolines, rafts) and vehicles (i.e. tubes or jet skis)  Waterfowl hunters/angler gear (i.e. waders and boots)  Water gardens or shoreline restorations  Bait buckets  Wildlife Although several attempts have made to eradicate AIS from an infested waterbody, it is typically impractical to fully remove a population once it has been established. Working to prevent the introduction and spread of invasive species is the most effective way of protecting healthy, non-infested ecosystems. Laws and Regulations Current Minnesota state law prohibits the transportation of most aquatic plants. This law will not only help prevent the spread of Eurasian watermilfoil and other aquatic plants, but it will also reduce the risk of zebra mussels or other invasive animal species being transported while attached to aquatic plants. In addition, it will reduce the inadvertent transport of other harmful plants into or within the state. Under state law, it is unlawful to:  Transport aquatic plants, except as allowed in statutes  Transport zebra mussels and other prohibited species of animals  Place or attempt to place into waters of the state a boat, seaplane, or trailer that has aquatic plants, zebra mussels, or other prohibited invasive species attached Certain invasive species that can threaten natural resources and their use have been designated as prohibited invasive species in Minnesota. According to the MN DNR, it is a misdemeanor to possess, import, purchase, transport, or introduce these species except when under a permit for disposal, control, research, or educational purposes. Some of the prohibited invasive species found in Dakota County include Eurasian watermilfoil, curly-leaf pondweed, and purple loosestrife. Other invasive species are considered regulated invasive species. It is legal to possess, sell, buy, and transport regulated invasive species, but they may not be released or planted in public waters. Both the Dakota County Contract C0029240 Exhibit A - Page 7 of 28 5 | P a g e rusty crayfish and the common carp are examples of regulated invasive species found in Dakota County, whereas other regulated species not currently found in Dakota County (as of 2017) include water hyacinth and spiny waterflea. A complete list of prohibited, regulated, and unregulated invasive species (both aquatic and terrestrial), as well as information regarding the transport of water and regulated activities in infested waters, can be found at www.dnr.state.mn.us/invasives/laws.html. As of July 1, 2012, a boat lift, dock, swim raft, or associated equipment that has been removed from any waterbody may not be placed in another waterbody until a minimum of 21 days have passed by. Regulations relating to the transportation of water in boats and other water-related equipment by boaters from all waters in the state include:  A person leaving waters of the state must drain all water from water-related equipment, including bait containers, live wells, and bilges. They must also remove the drain plug before transporting the watercraft and equipment from the water access or riparian property  Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft and water- related equipment  Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the waterbody  The following are exempt: o Portable bait containers used by licensed aquatic farms o Portable bait containers used when fishing through the ice, except on waters designated infested for viral hemorrhagic septicemia (VHS) o Marine sanitary systems Businesses that are defined by Minnesota law as lake service providers need to have the owner or manager attend aquatic invasive species training and apply for a lake service provider permit every three years. Employees are also required to take an online training in order to be certified to work in Minnesota waters. More information about the lake service provider training and permitting process can be found at: http://www.dnr.state.mn.us/lsp/index.html. AIS Best Management Practices The MN DNR promotes several best practices that anyone can follow to help stop the spread of AIS:  Clean all aquatic plants, zebra mussels, and other invasive species from watercraft, trailers, and water-related equipment before leaving any water access or shoreland  Drain water-related equipment (boat, ballast tanks, portable bait containers, motor) and drain bilge, livewell and baitwell by removing drain plugs before leaving a water access or shoreline property. Keep drain plugs out and water-draining devices open during transport Dakota County Contract C0029240 Exhibit A - Page 8 of 28 6 | P a g e  Dispose of unwanted bait, including minnows, leeches, and worms, in the trash. Refill the bait container with bottled or tap water if planning on keeping bait Some invasive species are small and difficult to see at the access. In order to properly remove AIS from your watercraft or other equipment, take one or more of the following precautions before moving to another waterbody, especially after leaving zebra mussel and spiny waterflea infested waters:  Spray with high-pressure water  Rinse with very hot water (120°F for at least 2 minutes; or 140°F for at least 10 seconds to kill zebra mussels)  Dry for at least 5 days Reporting AIS If you believe that you have found an invasive species in a local lake or river, please collect the following information in order to complete the reporting process: 1. Map it - Note where you found the plant or animal (where on the lake, near which access or road). Take GPS coordinates of the specimen if possible. 2. Take photos or make a collection - Take photos of the plants or animals. For plants, include close-ups of the leaves, their attachment to the stem, and any flowering structures that might be present. When making a collection of an aquatic plant: a. Keep in a plastic bag with water b. Label with specific location, date, your name c. Refrigerate the sample For animal specimens, focus on the top and sides of the specimen, making note of special markings or coloration on the body. 3. Identification - use the following resources to try to identify the specimen: a. DNR page on aquatic plants (native and non-native) b. Aquatic invasive plants identification webpages Potential new AIS findings are to be reported to the MN DNR using the new online reporting platform, EDDMapS Midwest. The EDDMapS (Early Detection and Distribution Mapping) system is accessible through the aforementioned website, but it also has an associated smartphone and tablet app to make it easy to report locations of invasive species while out in the field. All data submitted through EDDMapS is reviewed by state verifiers at the MN DNR to ensure the accuracy of submissions. Once reviewed, infestation reports are freely available to scientists, researchers, land managers, land owners, educators, conservationists, ecologists, farmers, foresters, state and national parks. EDDMapS combines data from other databases and organizations, as well as volunteer observations, to create a national network of invasive species distribution data that is utilized by the MN DNR to track the spread of AIS in Minnesota. For more information about AIS in your area or if you have questions about the AIS reporting process, please contact a local DNR invasive species expert. Dakota County Contract C0029240 Exhibit A - Page 9 of 28 7 | P a g e Local AIS Prevention Aid Program In 2014, the Minnesota state legislature passed a county aid tax bill (Chapter 308, HF3167: Omnibus tax bill. Article 1: Property Tax Aids and Credits. Section 11) providing $10 million annually to Minnesota counties to help prevent the spread of AIS. The distribution of funds is based on a calculation considering each county's share of watercraft trailer launches and watercraft trailer parking spaces (Figure 2). In July 2014, $4.5 million dollars was distributed to the 87 Minnesota counties. In 2015 and thereafter, that value was increased to $10 million per annum. The statute does not require matching funds, and while state statute allocates funding beyond 2014, funding beyond 2017 is not guaranteed at this time. In accordance with the legislative directive (Minnesota State Statute 477A.19, Appendix D), Dakota County received $58,052 in 2014, $129,004 in 2015, $128,471 in 2016, and is projected to receive $121,690 in 2017. Figure 2. Motorized boat launches in Dakota County 1. Lilydale Regional Park (Lilydale) 9. Spring Lake Regional Park (Nininger Township) 2. Minnesota River (Fort Snelling State Park) 10. Mississippi River south of Lock and Dam No. 2 (Hastings) 3. MN DNR boat launch (South St. Paul) 11. Lake Rebecca (Hastings) 4. Cedar Avenue Bridge/Blackdog Road (Burnsville) 12. Lake Isabelle (Hastings) 5. Fish Lake (Eagan) 13. Vermillion River (Ravenna Township Dushane’s Landing) 6. Crystal Lake (Burnsville) 14. Vermillion River (Ravenna Township) 7. Orchard Lake (Lakeville) 15. Lake Byllesby (Lake Byllesby Regional Park) 8. Lake Marion (Lakeville) Dakota County Contract C0029240 Exhibit A - Page 10 of 28 8 | P a g e Counties are required by statute to establish and submit guidelines, either by resolution or through the adoption of a county plan, that detail how the Local AIS Prevention Aid funding will be used. Counties must use the funds to prevent or limit the spread of AIS at all accesses within the county. Funds may be appropriated directly or a portion of the funds can be directed towards LGUs, park districts, joint powers boards, watershed districts and watershed management organizations (WMOs), as well as lake associations and non-profit groups located in the County, to be used for AIS prevention. Guidelines must be submitted to the MN DNR by December 31 each year that payments are received. Each county is responsible for deciding on how to best use the funds while still abiding by all current laws and regulations at the state level. More information about the Local AIS Prevention Aid Grant can be found at: http://www.dnr.state.mn.us/invasives/ais/prevention.html. Dakota County Contract C0029240 Exhibit A - Page 11 of 28 9 | P a g e Plan Purpose and Program History The purpose of the County’s AIS program is to prevent the introduction of new AIS, prevent further spread of existing AIS, and reduce the potential for environmental and economic impact brought on by AIS infestations. To this effect, in 2015 the Dakota County Board of Commissioners passed a resolution (14-587) adopting the following guidelines for using the AIS Prevention Aid grant:  Prepare a comprehensive inventory of boat launches and waterbodies at risk  Undertake awareness campaigns  Develop early detection and response procedures  Manage existing populations of aquatic invasive species  Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations Adaptive Management This plan is intended to serve as a working document to guide activities and the use of the Local AIS Prevention Aid funds by Dakota County. The fluid nature of this plan is meant to provide a framework from which to establish programs that can best deal with new infestations or promote new outreach opportunities with community partners. The management of AIS is a relatively new field in water resource management, particularly at the County level, and with that, it must be taken into account that experience and new scientific research must be incorporated into future actions in order to prevent and manage the presence of AIS. As such, this plan will be reviewed by the Dakota County AIS Advisory Committee on a yearly basis; plan priorities will be reviewed and any necessary amendments will be made at that time. AIS Program Development County staff determined that the first phase (2014 and 2015) of the AIS program would focus on waterbodies that have motorized boat launches and associated parking lots. Once AIS program efforts are established on waterbodies with motorized boat launches, a second phase (2015-2016) of AIS programming occurred to incorporate AIS program elements on both smaller waterbodies and those that do not have motorized boat launches and/or associated parking lots. Activities at motorized boat launches tend to be the main spreading source for AIS, but because of the connectivity between waterbodies (particularly within in Lebanon Hills Park), it was important to monitor the type and distribution of AIS on those smaller waterbodies in order to gain a better understanding of the potential for introductions in larger, higher use waterbodies. Dakota County Contract C0029240 Exhibit A - Page 12 of 28 10 | P a g e 2014 In 2014, the MN DNR distributed a list of motorized boat launches that could be incorporated into Dakota County’s AIS program. The initial list included 18 boat launches on access points on both lakes and rivers located around the County. Staff visited and investigated each site in the fall of 2014 to evaluate the presence of MN DNR AIS signage at the launch. New or updated AIS signage was ordered from the MN DNR to be installed at the launch, if necessary. 2015 Beginning in 2015, Dakota County initiated a public awareness campaign using a third party advertising company to print and place educational posters and other materials at indoor and outdoor locations throughout Dakota County, including 5 gas stations and 14 bar/restaurants. AIS awareness campaign materials were focused towards the boating community at gas stations, restaurants, and bars that boaters and anglers use, and were consistent with AIS messaging used statewide by the MN DNR (Clean, Drain, and Dry campaign). Dakota County Contract C0029240 Exhibit A - Page 13 of 28 11 | P a g e The campaign was in place for four months (June through September 2015). AllOver Media estimated 476,700 monthly impressions from the media in the five gas stations, and 210,000 monthly impressions from the media in the 14 bars and restaurants. Dakota County also developed content for the AIS program to be displayed on the County’s website and purchased AIS educational display materials that can be made available to local communities or school groups for use as part of various environmental events and ongoing outreach activities. Dakota County looked for opportunities to collaborate with other counties, watershed groups, and jurisdictions that share water resources with the County in order to promote a regional approach to AIS prevention strategies. Internal partnerships were also identified within the County organizational structure itself, as to encourage AIS programming that would be beneficial to various departments within the County. Cooperation between existing local organizations, such as cities and lake associations, was promoted to further the development and implementation of the County’s AIS plan. 2016 In 2016, a consulting firm hired by Dakota County conducted AIS surveys on twenty lakes on County owned property and installed zebra mussel sampler plates at four lakes around the County. Dakota County also purchased a number of plates that were shared with LGUs and lake associations to be installed at public and private boat launches. County Transportation staff installed ‘Clean In, Clean Out’ pavement stencils at several boat launches in Lakeville, Burnsville, and at the County’s launch on Lake Byllesby. Dakota County continued to work with a third party advertising company to promote the AIS public awareness campaign and installed educational displays at the Lake Byllesby boat launch and near beach/campground office, at the Lebanon Hills Visitor Center, and at Jensen Lake near the start of canoeing trail. Dakota County purchased a number of outreach materials including the ‘Aquatic Invasive Species Early Detectors: A How-To Guide’ developed by Minnehaha Creek Watershed District and AIS identification WATCH Cards, to be shared with interested parties for use or further distribution to lake associations and watershed management organizations. In addition to the aforementioned outreach materials purchased in 2016, the AIS program also supported AIS identification training for volunteers with the Wetland Health Evaluation Program (WHEP) and youth outreach activities as part of the annual Metro Area Children’s Water Festival. The Dakota County AIS Committee also explored opportunities to partner with statewide AIS volunteer programs (University of Minnesota - Extension (Extension) - AIS Detector program and MN DNR - AIS Ambassador program). Lastly, the Committee investigated opportunities to expand the Vermillion River Watch volunteer stream monitoring program (managed by the DCSWCD and the Vermillion River Watershed ‘Clean In, Clean Out’ stencil Dakota County Contract C0029240 Exhibit A - Page 14 of 28 12 | P a g e Joint Powers Organization (VRWJPO)) to include an AIS monitoring component into the current monitoring platform. Beginning in early 2016, the Committee began researching the possibility of using the Local AIS Prevention Aid to develop a grant program to support AIS efforts of partner organizations. Grant funding is prioritized for protection and maintenance projects (early detection and response, established population control), and education programs. Approved projects must address AIS-related issues by utilizing multi-disciplinary, integrated solutions based on the best available science and technology. More information about the County’s AIS grant program can be found at https://www.co.dakota.mn.us/Environment/WaterQuality/AIS/. Dakota County Contract C0029240 Exhibit A - Page 15 of 28 13 | P a g e Inventory and Assessment Various types of AIS have been present in Minnesota over the last 200 years, but the rate of reported infestations is increasing at an alarming rate. Since the 1950s, public awareness of the importance of preventing new AIS introductions into Minnesota and managing existing infestations also increased. Public demand for AIS research, management, and education strategies has been particularly intensified the last 20 years. In order for management and prevention activities to be as effective as possible, the types and extent of AIS within Dakota County and surrounding areas must be known. This section highlights known AIS infestations in the state of Minnesota and Dakota County, focuses on priority species currently studied by state researchers, and provides information about the MN DNR’s Infested Waters List. Dakota County staff partnered with LGUs and WMOs in the county to conduct a ‘waterbody assessment survey’ to collect information pertaining to the types and frequency of AIS monitoring and/or management activities their organizations are undertaking. The survey findings will help optimize future County-led AIS programs to fill gaps and provide assistance to partner organizations. AIS Infestations in Minnesota At this time, there are 14 species of aquatic animals and 10 species of aquatic plants known to be invasive in Minnesota. Many of these species, such as the common carp, have been present in Minnesota for several decades. Others, such as the rapid invasion of zebra mussels, along with growing concerns about the spread of Asian carp, have brought AIS-related issues to the forefront more recently. As of December 2016, the MN DNR Infested Waters list includes 5% of Minnesota's public waters. The List features selected prohibited invasive species (including Brazilian elodea, brittle naiad, Eurasian watermilfoil, faucet snails, flowering rush, New Zealand mud snails, round goby, ruffe, white perch, and zebra mussels), selected regulated invasive species (spiny waterflea), and diseases (Viral Hemorrhagic Septicemia (VHS)). Lakes, rivers, ponds, and wetlands are added to the infested waters list by the MN DNR if it contains an aquatic invasive species that could spread to other waters. The MN DNR may also list a lake, river, pond or wetland as infested if it is connected to a body of water where an aquatic invasive species is present. For more information about AIS infested waterbodies in Minnesota, visit the Infested Waters List to find the official list of infested waters, including all rivers and stream segments of infested waterbodies. A map option is also available through EDDMapS Midwest, though it only displays infested lakes, wetlands, and major river pools. Current AIS Research in Minnesota Researchers at the Minnesota Aquatic Invasive Species Research Center (MAISRC), a research center based in St. Paul and working in cooperation with the MN DNR and Extension, are currently studying detection, prevention and control techniques for close to three dozen AIS that are considered to be Dakota County Contract C0029240 Exhibit A - Page 16 of 28 14 | P a g e high-risk for Minnesota. Several of the key species being studied by MAISRC are increasing in distribution across the state. The following tables identify AIS of concern and are grouped by fish, plant, and invertebrate species. Researchers evaluated each species’ existing distribution throughout (or near) Minnesota, their distribution potential, and their potential to adversely impact ecosystems once established. Note that plant species with control potential (i.e. chemical treatment or mechanical harvesting) are indicated in Table 2. Table 1. Priority invasive fish species in Minnesota as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Common carp Cyprinus carpio Widespread High High Bighead carp Hypophthalmichthys nobilis Localized Spreading High Silver carp Hypophthalmichthys molitrix Localized Spreading High Grass carp Ctenopharyngodon idella Localized Spreading High Rainbow smelt Osmerus mordax Localized Spreading High Ruffe Gymnocephalus cernua Localized Spreading High Round goby Neogobius melanostomus Localized Spreading High Northern snakehead Channa argus Not found in MN Presumed High Presumed High Zander Sander lucioperca Not found in MN Presumed High Presumed High Table 2. Priority invasive plant species as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Control Potential Curly-leaf pondweed Potamogeton crispus Widespread High High Yes Eurasian watermilfoil Myriophyllum spicatum Widespread High High Yes Hybrid/narrow leaf cattail Typha x glauca, T. Angustifolia Widespread High High Yes Purple loosestrife Lythrum salicaria Widespread High High Yes European haplotype- common reed Phragmites australis Localized High High Flowering rush Butomus umbellatus Localized High High Starry Stonewort Nitellopsis obtusa Localized High High Hydrilla Hydrilla verticillata Not found in MN High Likely High Water chestnut* Trapa natans Not found in MN Moderate Likely High Yellow floating heart* Nymphoides peltata Not found in MN Moderate Likely High Cabomba* Cabomba caroliniana Not found in MN Moderate Likely High European frog-bit* Hydrocharis morsus-ranae Not found in MN Moderate Likely High Curly waterweed* Lagarosiphon major Not found in MN Moderate Likely High *Species not likely to be found in MN, but have spread and caused impacts in inland waters of regions with a climate similar to that of MN Dakota County Contract C0029240 Exhibit A - Page 17 of 28 15 | P a g e Table 3. Priority invasive invertebrate species as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Spiny waterflea Bythotrephes longimanus Established High High Zebra mussel Dreissena polymorpha Established High High Quagga mussel Dreissena rostriformis Established High High Faucet snail Bithynia tentaculata Established High High Rusty crayfish Orconectes rusticus Established Unknown Unknown New Zealand mud snail Potamopyrgus antipodarum Established Unknown Unknown Ponto-Caspian amphipod Echinogammarus ischnus Not found in MN Unknown High Killer shrimp Dikerogammarus villosus Not found in MN Unknown High Caspian mud shrimp Chelicorophium curvispinum Not found in MN Unknown High Red Swamp Crayfish Procambarus clarkii Not found in MN More information about MAISRC’s mission to “develop research-based solutions that can reduce the impacts of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems; and to advance knowledge to inspire action by others” can be found by visiting MAISRC’s website: http://www.maisrc.umn.edu/ais-mn. AIS Infestations in Dakota County As of December 2016, there are 26 waterbodies in Dakota County listed on the MN DNR’s Infested Waters List (Table 4). The MN DNR will add a lake, river, pond or wetland to the Infested Waters List if the water is found to contain certain AIS that could spread to other waters. The MN DNR may also designate a lake, river, pond or wetland as infested if it is connected to a body of water where AIS is present as it is assumed that AIS will naturally spread between the water bodies. Table 4. MN DNR Infested Waters in Dakota County Waterbody Name City or Jurisdiction Invasive Species Year Listed Dow Number Alimagnet Burnsville Eurasian watermilfoil 2014 19-0021 Bridge Dakota County Eurasian watermilfoil 2016 19-0179 Byllesby Dakota County Flowering rush 2016 19-0006 Cobblestone Apple Valley Eurasian watermilfoil 2012 19-0456 Crystal Burnsville Eurasian watermilfoil 2007 19-0027 Earley Burnsville Eurasian watermilfoil 2007 19-0033 Fish Eagan Eurasian watermilfoil 2009 19-0057 Heine Pond Eagan Eurasian watermilfoil 2010 19-0153 Holland Dakota County Eurasian watermilfoil 2009 19-0065 Keller Burnsville Eurasian watermilfoil 2007 19-0025 Lac Lavon Burnsville Eurasian watermilfoil 2007 19-0446 Lac Lavon Burnsville Brittleleaf naiad 2007 19-0446 Lily Dakota County Eurasian watermilfoil 2016 19-0180 Marion Lakeville Eurasian watermilfoil 2007 19-0026 McDonough Dakota County Eurasian watermilfoil 2016 19-0076 Dakota County Contract C0029240 Exhibit A - Page 18 of 28 16 | P a g e O'Brien Dakota County Eurasian watermilfoil 2016 19-0072 Portage Dakota County Eurasian watermilfoil 2016 19-0074 Quarry Eagan Eurasian watermilfoil 2007 19-0128 Rebecca Hastings Zebra mussel 2009 19-0003 Schultz Dakota County Eurasian watermilfoil 2007 19-0075 Sunset Pond Burnsville Eurasian watermilfoil 2007 19-0451 Thomas Eagan Eurasian watermilfoil 2012 19-0067 Twin Lakes Burnsville Eurasian watermilfoil 2007 19-0028 Unnamed Lake Inver Grove Heights Eurasian watermilfoil 2016 19-0035 Unnamed Lake Eagan Flowering rush 2007 19-0064 Valley Pond Lakeville Eurasian watermilfoil 2007 19-0348 It is important to note that not all AIS identifications will trigger a listing on the infested waters list by the MN DNR. Of this subset of species, curly-leaf pondweed, reed canary grass, yellow iris, purple loosestrife, rusty crayfish, and Chinese mystery snail have all been located in Dakota County, but are not included in Table 4. Curly-leaf pondweed, reed canary grass, and purple loosestrife have been present in the County for a significant number of years, whereas rusty crayfish and Chinese mystery snails were found by volunteer groups in 2016. Rusty crayfish were found in the Vermillion River (Farmington and Hastings) and North Creek (Farmington) in the fall of 2016. Specimens were collected as part of routine biomonitoring activities performed by DCSWCD staff and by Hastings High School students participating in the VRWJPO’s Vermillion River Watch program. The Chinese mystery snails were discovered while monitoring Thompson Lake (West St. Paul) by volunteers participating in Dakota County’s Wetland Health Evaluation Program (WHEP). Several other prohibited and regulated AIS are known to be present within Dakota County and within close proximity to the County. These species (Table 5) are a growing concern due to their potential to spread to uninfested waterbodies in Dakota County. Table 5. Common AIS in Dakota County and greater Minnesota/Wisconsin Common Name Type Status Nearest Infested Water Location Bighead carp Fish Prohibited Mississippi River – Pool 1, 2, 3 Grass carp Fish Prohibited Mississippi River – Pool 1, 2, 3 Flowering Rush Plant Prohibited Cannon River Goodhue County, MN New Zealand mudsnail Invertebrate Prohibited Lake Superior Duluth, MN Silver carp Fish Prohibited Mississippi River – Pool 1, 2, 3 Spiny waterflea Invertebrate Prohibited Lake Mille Lacs Mille Lacs County, MN Zebra mussel Invertebrate Prohibited Lake Rebecca Hastings, MN Faucet snail Invertebrate Regulated Mississippi River – Pool 4 Banded, Chinese mystery snail Invertebrate Regulated Thompson Lake West Saint Paul, MN Common carp, koi Fish Regulated Lake Marion Lakeville, MN Goldfish Fish Regulated Vermillion River Watershed Japanese trap door snail Invertebrate Regulated Red Cedar River Rice Lake, WI Yellow iris or yellow flag Plant Regulated Kingsley Lake Lakeville, MN Dakota County Contract C0029240 Exhibit A - Page 19 of 28 17 | P a g e Management of AIS on the Mississippi and Minnesota Rivers is a collaborative process between several state and federal agencies including the MN DNR, the US Army Corps of Engineers, and the National Parks Service, amongst others. At this time, the MN DNR is leading all monitoring and management activities related to AIS infestations on the Mississippi River within Minnesota jurisdiction, so management of those species identified as inhabiting the Mississippi River (namely the three carp species listed in Table 5) will not be addressed in this Plan. Coordinating AIS efforts in Dakota County In the fall of 2016, Dakota County began working with LGUs and WMOs to gather information on water resource management activities currently performed on MN DNR designated waterbodies throughout the county. The purpose of conducting the survey was to identify potential gaps in AIS-related programming that could be filled with financial, logistical, or programmatic support from the County through the funding provided by Local AIS Prevention Aid. The waterbody assessment survey was sent to representatives with all of the cities and townships in Dakota County that have DNR waterbodies within their boundaries (19 in all). The list of 379 waterbodies included all lakes, stormwater ponds, and wetlands with a MN DNR identification number. The baseline information gathered in the survey (Table 6) provides the County with a comprehensive list of the types of management and monitoring activities (and frequency at which they are completed) that are currently undertaken by LGUs and WMOs. Respondents were also asked to indicate the types of activities for which they would like support from the County – from performing an aquatic vegetation survey of a local lake, assisting with chemical treatments or harvesting, or coordinating consistent AIS messaging and educational programs to be used countywide. As of December 2016, respondents from eight cities and townships within Dakota County participated in the waterbody assessment survey. Table 6. Results from the 2016 Waterbody Assessment Survey Types of Monitoring and Management Activities Types of Assistance Requested Aeration Coordination and Funding for Aquatic Plant Surveys Alum Treatments Funding for Harvesting Activities Aquatic Plant and Shoreline Habitat Surveys Funding for Chemical Treatments Barley straw/Carbon Amendment Treatments Lakeshore Homeowner Educational Programming Biweekly LGU Staff Water Quality Monitoring Native Plant Educational Programming CAMP Monitoring AIS Education for Anglers Invasive Plant Control Participation in Lake Association Events Sediment Surveys WHEP Monitoring To learn more about the types of management activities that are being done to protect your local waterbodies, as well as what is being done to prevent the spread of AIS, please contact the water and natural resource specialists for your city, township, or WMO for more information. Dakota County Contract C0029240 Exhibit A - Page 20 of 28 18 | P a g e Implementation Plan This section of the Plan describes strategies proposed by Dakota County to prevent, detect, and manage AIS infestations. Using funds made available through Local AIS Prevention Aid, Dakota County will continue AIS monitoring activities on lakes with County-owned accesses on a rotational basis, as well as support AIS monitoring activities undertaken by neighboring counties that share waterbodies. Dakota County will also support efforts to identify alternate pathways for AIS to enter and move through the county, as well as the development of a network of trained volunteers to conduct AIS surveys in local waterbodies and youth outreach activities. Local interest in efforts to counteract the spread of AIS within Dakota County has led to the development of monitoring, management, and outreach partnerships between lake associations, city and county governments, local watershed management organizations, and the MN DNR. Funding from the Local AIS Prevention Aid will also be used to support AIS-related projects undertaken by LGUs and non-profits that operate in Dakota County through the development of a grant program. As mentioned previously, it is important to consider this plan to be fluid in nature, in that implementation activities discussed in this plan are subject to change over time due to advances in research on AIS management, the detection and potential establishment of new AIS in the County, and future opportunities for various educational or outreach programming or partnerships. As the Local AIS Prevention Aid funding amounts are not set for 2018 – 2020, the total expenditures shown in the Appendix are based upon the amount allocated to Dakota County in 2017 ($121,690). If Dakota County receives less than that amount in the coming years, less money will be allocated to the grant program in order to maintain the budget. Prevention AIS can be spread throughout the county via numerous pathways. Each pathway poses varying levels of risk depending on the water body and the specific AIS. Common pathways through which AIS spread include boat accesses, docks and boat lifts, and attached to water recreational gear. Watercraft Inspections The MN DNR’s watercraft inspection program was established in 1992. The goal of the program is to prevent the spread of AIS by placing trained inspectors at public water accesses to inspect watercraft and educate the public on AIS laws, including self-inspection and decontamination methods. While the MN DNR continues to fund the watercraft inspection program, many LGUs have instituted local inspection programs to supplement the DNR’s efforts. In 2017, Level 1 Watercraft Inspectors will be hired to conduct watercraft inspections at boat launches within Lake Byllesby Regional Park. The motorized boat access on Lake Byllesby is the only boat launch owned by Dakota County (access on Jensen Lake is carry-in only). All other motorized accesses within the County are owned and operated by LGUs or the State of Minnesota. Those entities are responsible for conducting watercraft inspections at their accesses. Dakota County Contract C0029240 Exhibit A - Page 21 of 28 19 | P a g e Level 1 Watercraft Inspectors are trained to inspect water-related equipment, both visually and tactilely, at the access before equipment is launched into the water. Inspectors are authorized to prohibit the launching or operations of water-related equipment if a person refuses to either allow an inspection or don’t remove water or vegetation. They can also require a watercraft (or other equipment) be decontaminated prior to launching into the lake. Inspectors will be hired via a local company that will support training the inspectors, as well as provide the necessary equipment to conduct inspections and coordinate inspection schedules. Inspectors will be stationed at the main boat launches in the park on weekends and holidays from the fishing opener through Labor Day. Inspectors may also be asked to move between the main watercraft access in the park and the two smaller accesses along the northern shore to perform inspections and educate the public on AIS best management practices. Lake Service Provider Certification In 2011, the Minnesota state legislature passed new laws related to the prevention and management of AIS that apply to lake service providers (marinas, dock haulers, lawn irrigators and others who install or remove equipment from state waters for hire). Based on this new law, service providers must obtain a permit from the MN DNR in order to legally work in lakes and rivers throughout the state. Service providers can obtain the permit by attending an AIS training hosted by the MN DNR and passing the certification test. In 2013, the law was updated to include any businesses that rent or lease any type of boats or other water-related equipment. At this time, Dakota County Parks and Recreation Department has various watercrafts (canoes, kayaks, paddleboards) that are available to the public to rent during the summer season at the Lebanon Hills Visitor Center for use in Lebanon Hills Regional Park. In accordance with the updated law, County parks staff will be attending certification trainings this spring and will apply to the MN DNR for the appropriate permit before the summer season begins. Alternative Pathways Assessment AIS can also be introduced into the environment, intentionally or accidently, through the dumping of live plant and animals purchased at local pet stores and nurseries into local waterbodies. Hundreds of species of plants, invertebrates, and fish from all over the world are sold through these businesses and are available for purchase by Dakota County residents. Such activities are high-risk pathways for AIS, but once identified, outreach efforts can be targeted to address these pathways. In 2017, Dakota County will support the investigation of alternative pathways, identify potential sources of AIS, and work to improve AIS education to different audiences utilizing the Habitattitude program. Early Detection Early detection monitoring provides opportunities to detect new AIS introductions before they become established in a given waterbody, ultimately increasing the feasibility of a rapid response/eradication effort. Significant cost-savings can be realized by adopting an effective early detection monitoring Dakota County Contract C0029240 Exhibit A - Page 22 of 28 20 | P a g e program in the form of reduced long-term control and management expenses, in addition to protecting existing natural resource investments. Dakota County recognizes LGUs and WMOs as the responsible entities for primary management of the water resources within their boundaries. Such responsibilities include surface water monitoring, tracking water quality trends, and implementing other lake and river water quality management actions. Because of the high level of water resources management currently undertaken by LGUs and WMOs, Dakota County will prioritize AIS monitoring and management efforts on waterbodies that are within the County Parks system (particularly Lake Byllesby) and filling in any gaps in AIS monitoring and assessment activities throughout the county. Monitoring and Assessments Current early detection monitoring activities on lakes with County-owned accesses include:  Aquatic vegetation surveys (point-intercept) o Species of interest: Eurasian watermilfoil, curlyleaf pondweed, flowering rush o Visual observations for cylindro (blue-green algae) and common carp  Suitability Assessments with reference to lake bottom sediments for AIS o Hydrilla, purple loosestrife, rusty crayfish, spiny waterflea, starry stonewort, Chinese and banded mystery snail, faucet snail, Asian carp, and snakehead  Installation of zebra mussel plate samplers at boat launches or fishing accesses In addition to the aforementioned activities, other AIS monitoring activities have been proposed as potential projects to consider in future years. These include biological monitoring (macroinvertebrate and habitat) at several locations in the Chub Creek, Trout Brook, and Pine Creek subwatersheds and performing an aquatic vegetation survey and sediment sampling of Chub Lake (headwaters of Chub Creek, located in Eureka Township). New AIS infestations discovered during these (or other) monitoring efforts conducted by State agency staff, County staff, consultants, or citizen volunteers will be reported to the MN DNR using the EDDMapS online reporting tool described earlier in this plan. An AIS survey and suitability assessment was conducted on several waterbodies within the Lebanon Hills Regional Park in 2016. The County plans to continue with this effort in future years by developing a monitoring program for all waterbodies in the County parks system (Lake Byllesby is currently being monitored by the Metropolitan Council). The monitoring program will consist of both surface water quality monitoring and aquatic vegetation surveys. Surface water quality sampling will be conducted on a monthly basis to provide information on the status of waterbodies, allowing for tracking of long-term trends, identification of potential or actual threats to water quality, and more effective management of the various waterbodies within the parks system. Aquatic vegetation surveys will be conducted twice during the growing season in order to identify new AIS, delineate existing AIS populations, and track the spread of AIS within a given waterbody. The goal of the program is to continue to monitor the presence of AIS in County parks and assess the potential for spread between waterbodies within the parks system. Dakota County Contract C0029240 Exhibit A - Page 23 of 28 21 | P a g e Lake Byllesby Assessments Because of the potential hazards to the Byllesby Dam that could be brought about by an AIS infestation in the lake, preventing an AIS introduction (particularly zebra mussels) in Lake Byllesby is a top priority for Dakota County. Both Dakota and Goodhue counties own and operate public water accesses on Lake Byllesby, necessitating the importance of collaborative partnerships to prevent new AIS infestations in the lake. In 2016, Goodhue County conducted an aquatic vegetation survey of Lake Byllesby. Since surface water quality and lake bottom sediment samples were not collected in 2016 (and are important to determine AIS suitability), Dakota County will complete sampling in 2017. Goodhue County will continue to conduct vegetation surveys of Lake Byllesby on an annual basis. Volunteer Monitoring Network Providing volunteers with the necessary training to identify and report potential infestations is one strategy to help prevent the spread of AIS within Dakota County. In order to support early detection monitoring efforts, the County will sponsor citizen participation in the University of Minnesota Extension’s new AIS Detector program in 2017. Through this program, AIS Detector volunteers will be trained to report potential AIS introductions in coordination with the MN DNR. Participants in the program will undergo a high level of training to ensure competency and ability to properly identify suspected AIS. AIS Detectors will not make definitive conclusions or announcements as to confirmation of the presence of AIS – instead, their role will be to determine if a report to the MN DNR is necessary by first screening out false-positive samples from being reported. The Detector program will focus on the priority species outlined in the ‘Current AIS research in Minnesota’ section of this plan. More information about the AIS Detector program can be found on their website: http://www.maisrc.umn.edu/ais-detector. Rapid Response Rapid assessment and response involves assessing the size of the AIS infestation relative to the resources and tools that are available to completely remove the infestation (“eradication”). The best defense against an AIS infestation in a local waterbody is utilizing strong preventative actions, like boat inspections at launch sites and educating the public about rules and regulations relating to AIS, in order to prevent AIS from ever entering the waterbody in the first place. Early detection of a new infestation, and a subsequent response to that infestation, are considered the “second line of defense”, following prevention. Early detection and rapid response are core tenets of any effective invasive species management program. When the introduction of new AIS is detected, a prompt and coordinated response to contain the affected area (and provide treatment in order to eradicate the species, if feasible) can reduce the potential establishment, spread, and harmful impacts of a given species. Early detection and response to a new infestation can result in lower overall costs and reduced damage to the resource than implementing a long-term control program after an invasive species is established in the waterbody. Regular monitoring is necessary in order to detect new infestations in a timely manner so that the response plan can be as effective as possible. Eradication is always the primary goal of a rapid response Dakota County Contract C0029240 Exhibit A - Page 24 of 28 22 | P a g e plan. Failing to completely eradicate AIS from a waterbody means that the infestation will be a reoccurring problem in future years. Unfortunately, as is often the case, once AIS is established in a waterbody, successful eradication is unlikely, which further emphases the importance of prevention and early detection monitoring. Per the U.S. Fish & Wildlife Service AIS Branch, a basic rapid response includes:  Rapid confirmation of the identity of the suspicious organism;  Assess the extent of the infestation;  Quarantine of the infested area, if possible;  Quick review of available control options to choose one best suited for the treatment conditions;  Application of the chosen control option(s); and,  Modification of the control strategy as indicated by the results (“adaptive management”). Rapid Response Contingency Fund A portion of the funding provided to Dakota County through the Local AIS Prevention Aid Grant will be set aside on an annual basis to assist with rapid response activities in the county. Because all AIS infestations are unique, rapid response procedures will be initiated in partnership with, and following recommendations by, state and/or local agencies. The final response plan may have one of several possible goals relating to the infestation, such as containing the entirety of the AIS infestation within a given area, suppressing the population in order to slow its spread to other parts of the lake or river, or containing the AIS and preventing its spread to new locations by completely eradicating it. It is important to keep in mind that not all AIS infestations will necessitate a rapid response effort going into effect, so each new AIS infestation will be responded to on a case-by-case basis. Rapid Response Plan The Dakota County AIS Advisory Committee will begin development of a rapid response plan for new infestations in 2017. At this time, the Dakota County AIS Rapid Response Plan will:  Focus on rapid response for new and isolated AIS occurrences  Be adaptable to be useful in a variety for different species and waterbody types  Align with the MN DNR AIS Rapid Response Plan For more information about the MN DNR’s AIS Rapid Response Plan, go to http://www.dnr.state.mn.us/invasives/eco/index.html and the subheading ‘Responsibilities’. Outreach and Education One of the keys to successfully preventing AIS from spreading is to engage the public on AIS issues (major species of concern and their potential impact) and to communicate the importance of personal responsibility in regards to prevention. In doing this, Dakota County will continue to explore partnership opportunities with local businesses and community organizations, strengthen existing relationships with Dakota County Contract C0029240 Exhibit A - Page 25 of 28 23 | P a g e LGUs and lake associations, and support established outreach campaigns (such as those developed by the MN DNR and Minnesota Sea Grant) to promote consistent messaging across the County. Outreach Materials In 2016, the Dakota County AIS Committee hosted a roundtable event with representatives from LGUs. The meeting’s primary purpose was to determine how the County could best support AIS initiatives currently administered by the LGUs. From this meeting and subsequent discussions, it was determined that the LGUs would be best served by the County developing AIS-related outreach materials and supporting educational programming that could be used throughout the County. Using this direction, the County is working on several projects to meet the needs of interested organizations:  Purchasing AIS outreach materials from MN DNR, Wildlife Forever  Creating an ‘AIS travelling trunk’ with various outreach materials and giveaways to be used at local environmental events hosted by partner organizations  Developing a waterproof bathymetric map for Lake Byllesby with information related in invasive species laws, regulations, and best management practices Youth Outreach Programs The Dakota County AIS Committee will also look to support education activities that serve various groups within local communities. For the past several years, Dakota County has made both financial and in-kind support for the Metro Area Children’s Water Festival, an annual event organized for children in the Minneapolis/St. Paul metropolitan area. The purpose of the festival is to educate fourth grade students from local schools about water resources. The goal is to engage students about ways they can help ensure future protection and management of water quality and quantity. Each year, 200 to 250 students from schools in Dakota County participate in hands-on opportunities to learn about water and its importance to people and the natural environment. In recent years, AIS has taken on a larger focus at the Festival, serving as a first point of contact for many children to not only learn about AIS, but also find out what they can do to help prevent the spread. Wetland Health Evaluation Program Dakota County coordinates the Wetland Health Evaluation Program (WHEP; www.mnwhep.org), a volunteer program focused on determining the health wetlands in the county. WHEP volunteers are trained and work as part of a community-based team to collect data on wetland plants and macroinvertebrates, providing valuable information to local governments and decision makers. In 2016, the Dakota County WHEP team incorporated AIS plants and macroinvertebrates into the general monitoring protocols used by the volunteers. AIS plants and macroinvertebrates were also highlighted during the identification training sessions and were added to all print materials for volunteers to reference. AIS can be transferred between waterbodies by moving through pipes that connect stormwater ponds, so WHEP volunteers will be at the forefront to monitoring these alternative pathways during future monitoring seasons. Dakota County Contract C0029240 Exhibit A - Page 26 of 28 24 | P a g e Grant Program Beginning in 2017, the Dakota County AIS Committee is instituting a grant program to distribute the State of Minnesota’s Local AIS Species Prevention Aid funding for AIS-related projects in the County. The County and will consider a range of project proposals:  Education and Prevention Projects  Early Detection and Response Projects  Established Population Control Projects The goal of the grant program is to promote and support AIS management or education efforts by local organizations within the county. Those eligible to propose projects and compete for available funds include local municipalities, townships, watershed organizations, lake associations, and non-profits located in Dakota County. Collaborative proposals between partner groups are recommended to strengthen the effectiveness and positive outcomes of a given project. More information about the Dakota County AIS grant program can be found at https://www.co.dakota.mn.us/Environment/WaterQuality/AIS. Dakota County Contract C0029240 Exhibit A - Page 27 of 28 25 | P a g e Appendix - Dakota County AIS Implementation Plan 2016 - 2020 Category Dakota County Actions 2016 2017 2018 2019 2020 Prevention Provide Level 1 AIS Inspectors at Lake Byllesby accesses $18,687 $20,000 $20,000 $20,000 Prevention Conduct Alternative Pathways Assessment $16,000 Prevention Alternative Pathways Assessment follow-up $3,000 Early Detection AIS assessments (vegetation, fish, sediment) of lakes with County-owned access $40,965 $9,500 $41,000 Early Detection Zebra mussel sampler plate monitoring $1,500 $500 $500 $500 $500 Early Detection Biomonitoring in Chub Creek, Pine Creek, and Trout Brook subwatersheds $4,500 $4,500 Early Detection Sediment and AIS suitability assessment of Lake Byllesby $6,100 $6,100 Early Detection Establish and support volunteer AIS Monitoring Network $1,750 $1,750 $1,750 $1,750 Rapid Response AIS Rapid Response Contingency Fund $2,000 $5,000 $5,000 $8,000 Rapid Response Develop AIS Rapid Response Plan In-kind Outreach and Education AIS billboard and local restaurant advertising $69,172 Outreach and Education Purchase and develop AIS outreach materials $9,841 $11,500 $6,500 $6,500 $6,500 Outreach and Education Support youth AIS outreach programs in local communities $1,000 $1,000 $1,000 $1,000 $1,000 Outreach and Education Support Wetland Health Evaluation Program $4,000 $4,000 $4,000 $4,000 $4,000 Grant Program AIS grant program $43,000 $79,000 $79,000 $36,000 Administration AIS program administration In-kind In-kind In-kind In-kind In-kind Administration Dakota County AIS Plan development In-kind In-kind In-kind Total $128,478 $121,537 $120,750 $120,750 $121,350 Dakota County Contract C0029240 Exhibit A - Page 28 of 28 1 Dakota County Aquatic Invasive Species Grant Program Application Deadline: Monday March 6, 2017 by 4:30 p.m. Introduction Dakota County is an annual recipient of Aquatic Invasive Species (AIS) Prevention Aid from the State of Minnesota as a result of 2014 Session Law Chapter 308. The purpose of the aid is to “prevent the introduction or limit the spread of aquatic invasive species at all the access sites within the county” (MN Statutes 477A.19). In 2015, the Dakota County Board of Commissioners passed a resolution adopting the following guidelines for the use of AIS Prevention Aid: 1) Prepare a comprehensive inventory of boat launches and waterbodies at risk 2) Undertake awareness campaigns 3) Develop early detection and response procedures 4) Manage existing populations of aquatic invasive species 5) Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations Dakota County has developed a grant program to fund local AIS prevention and management projects on waters within Dakota County. Examples of projects eligible for funding include (but are not limited to): education and outreach programs, early detection and population assessment, watercraft inspection and decontamination programs, and management of new or established AIS populations. Eligibility 1) All local government units (LGUs) and lake associations in Dakota County are eligible. 2) All projects must be conducted on water bodies or waterways located within Dakota County. 3) Project activities must be completed by December 1, 2017. Additional work may be proposed, but may not be funded during 2017. 4) Applicants requesting funding for projects that may potentially be funded from other grant sources may submit an application for County AIS funds and adjust the funding request if the outside funds are secured. Under no circumstances may an applicant be compensated for the same work or material purchased. Applicant Guidelines 1) Applicants must complete the provided application form. Supplemental application materials will be accepted if deemed necessary by the applicant. 2) Proposals may receive full or partial funding based on number of funding requests and application ranking. 3) Matching funds are preferred, though not required. 4) All proposals must comply with applicable federal, state, and local laws, rules, and ordinances. Award recipients are expected to provide a copy of DNR permitting if aquatic plant management Dakota County Contract C0029240 Exhibit B - Page1 of 3 2 is proposed. Recipients are expected to provide a copy of an executed DNR Delegation Agreement if watercraft inspection activities are proposed. Evaluation Criteria Projects will be ranked by Dakota County staff based upon pre-determined criteria (see page 3). Staff will review projects to determine funding eligibility. Staff has the discretion to reject any application it believes does not meet statutory requirements for funding. Eligible Expenses Acceptable expenses include: professional services, materials, supplies, and labor, printing and promotions. Consideration of additional cost categories is at the discretion of Dakota County. Funds and Distribution An applicant may not be compensated for the same work or materials twice (through more than one grant program). Applicants may submit an application to this program and request that their award be adjusted should the proposal be funded through additional opportunities. Projects will be reviewed and ranked during the month of March and applicants will be notified of their application status in early April. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2017. Reporting Requirements Successful applicants must execute a grant agreement with Dakota County. Applicants are responsible for completing all project activities by December 1, 2017. Following completion of the project, a final report must be submitted by December 15, 2017. The report should include a summary of budget expenses, summary of activities (including treatment records, if applicable), and measurable results. Submission Applications are due by 4:30 pm on March 6, 2017. Send completed applications to: Dakota County Water Resources Attn: Michael Rutten 14955 Galaxie Avenue Apple Valley, MN 55124 Email submission: michael.rutten@co.dakota.mn.us Additional Information All questions regarding this RFP must be directed to Michael Rutten – (952) 891-7008— Michael.rutten@co.dakota.mn.us by 4 p.m. February 27th, 2017. Responses will be posted on the Dakota County AIS webpage https://www.co.dakota.mn.us/Environment/WaterQuality/AIS. Dakota County Contract C0029240 Exhibit B - Page2 of 3 3 Application Evaluation and Grant Award The following criteria will be used to evaluate applications: Criteria Points Proposed project’s likely overall long-term impact on preventing the introduction and spread of AIS within Dakota County. This includes the applicant’s ability to clearly articulate the project goal/concept, define the implementation process, and establish measures of performance. 60 The degree of collaboration and/or outreach, the projects’ ability to leverage additional funds, and/or the demonstrated support of other entities in the community. 30 Proposed Budget and expenses in relation to the breadth, depth, and technicality of the work proposed. 10 TOTAL 100 Dakota County Contract C0029240 Exhibit B - Page3 of 3 Dakota County Contract C0029240 Exhibit C - Page 1 of 4 Dakota County Contract C0029240 Exhibit C - Page 2 of 4 Dakota County Contract C0029240 Exhibit C - Page 3 of 4 Dakota County Contract C0029240 Exhibit C - Page 4 of 4 EXHIBIT E INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED 1. Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $5 00,000. If Contractor is not required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify Cou nty from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage. 2. General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each occurrence. Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds th ereunder. 3. Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occ urrence and aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereun der. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, throughout the one (1) year period of required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with t his section; and (b) Dakota County Contract C0029240 Exhibit D - Page1 of 2 immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Dakota County. 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non -owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limi ts afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include c overage for motor vehicle liability assumed under this contract. Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, em ployees and agents as Additional Insureds thereunder. 5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as Dakota County m ay reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly c omply with such additional requirement(s). 6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, C ontractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insu rance, or in such other form as Dakota County may reasonably request, and shall contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer - certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorse d to require that the insurer provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage. 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s) shall be deemed to be acceptable to Dakota County. 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provi de all necessary and appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice. 9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in suc h form as Dakota County may reasonably require. 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by wa y of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such party may be responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present; and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07 Dakota County Contract C0029240 Exhibit D - Page2 of 2