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HomeMy WebLinkAboutItem 06.q Date: February 3, 2020 Item No. GRANT CONTRACT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES: PREPARING FOR EAB IN COMMUNITY FORESTS Proposed Action Staff recommends adoption of the following motion: Move to approve a grant contract with the Minnesota Department of Natural Resources for $25,000 to prepare for emerald ash borer (EAB) in the City of Lakeville. Overview In October, Forestry staff applied for a Preparing for EAB in Community Forests Grant through the Minnesota Department of Natural Resources. In December, the City was notified that we would receive $25,000 for tree inventory work in the right-of-way and other maintained spaces. In order to qualify for the grant, there were several requirements. Applications were required to include at least a 25% match of total requested funds. The match could be in-kind, cash match or both. Communities were also required to have an adopted EAB management plan. The Lakeville City Council adopted an EAB management plan in November 2018 and has dedicated funding to carrying out the plan in a systematic way. All the cash matching dollars listed in the grant contract are already budgeted in 2020 for ash tree removals, and ash tree preventative (protective) injections. The in-kind time is a conservative estimate accounting for City Forester and Forestry Technician time to administer the injection and removal programs in addition to the grant funded work. If the grant contract is approved and finalized, Forestry staff can begin work on a request for proposal for tree inventory services and work is anticipated to start in the late spring/early summer 2020. The grant agreement would run through June 1, 2022 so all tree inventory work will take place during leaf-on conditions when it is easiest to assess tree health and vigor. Primary Issues to Consider (See attached) Supporting Information • A copy of the State of Minnesota Grant Contract is attached. Financial Impact: $25,000 Budgeted: Yes Source: Grant Related Documents (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Emily Ball, Forester • Why is a grant agreement for tree inventory services necessary? The City has a partial tree inventory for trees growing in the right-of-way and a full inventory is necessary to complete work associated with the EAB management plan and more proactively plan and track regular maintenance. The City continues to invest in managing the community forest for epidemic- level pests. A grant will assist in getting a large project done faster, allowing City budget funds to be spent in other ways. Grant for Legislatively-named Municipality FY19: Updated November 2018 1 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, Division of Forestry, 500 Lafayette Rd., St. Paul, MN 55155 (“State”) and the City of Lakeville, 7570 179th Street, Lakeville, MN 55044 (“Grantee”). Recitals 1. Under Minn.Stat.§84.026, Subd. 1, and Minnesota Session Law 2019, 1st Special Session, 191, Chapter 4, Article 1, Section 3, Subdivision 4(h) and 4(i), the State is empowered to enter into this grant. 2. The State is in need of Urban and Community Forestry Services. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: January 21, 2020, or the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5, whichever is later. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date: June 1, 2022, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B, and Exhibit C, which are incorporated and made a part of this agreement. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation The Grantee will be paid compensation in an amount not to exceed $25,000.00; on a reimbursement basis for qualifying purchases. According to the breakdown of costs contained in Exhibit B, which is attached and incorporated into this grant contract, the Grantee certifies that a minimum 25% matching requirement for the grant will be met by The City of Lakeville. The total project cost is $159,954.56. Grantee agrees to match at least $134,954.56 of this project cost. Grant for Legislatively-named Municipality FY19: Updated November 2018 2 (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $25,000.00. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 1. June 1, 2020 2. December 1, 2020 3. June 1, 2021 4. December 1, 2021 5. June 1, 2022 (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Subcontractors, Contracting, and Bidding Requirements The Grantee agrees that if it subcontracts any portion of this project to another entity, the agreement with the subcontractor will contain all applicable provisions of the agreement with the State. Per Minnesota Statute 471.345, Municipalities as defined in Subd.1 must follow that Uniform Municipal Contracting Law if contracting funds from this grant contract agreement for any supplies, materials, equipment, or the rental thereof, or the construction, alteration, repair, or maintenance of real or personal property. (a) Support documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. (b) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minnesota Statue 177.41 through 177.44. Consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Emma Schultz, Community Forest Project Specialist, 500 Lafayette Rd., St. Paul, MN 55155, (651) 259-5274, emma.schultz@state.mn.us, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under Grant for Legislatively-named Municipality FY19: Updated November 2018 3 this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Emily Ball, Forester, 7570 179th Street, Lakeville, MN 55044, (952) 985-2724, eball@lakevillemn.gov. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State wi ll give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable laws. 10.2 Intellectual Property Rights - Not Applicable Grant for Legislatively-named Municipality FY19: Updated November 2018 4 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement The Grantee will publicly post and promote project information and purpose as pertains to this grant contract. 12.1 Publicity Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract if: (a) It does not obtain funding from the Minnesota Legislature. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 14.4 Additional Alternate Termination Language Additional alternate termination language may be negotiated on a case-by-case basis after the state agency has consulted with their legal and finance teams. Grant for Legislatively-named Municipality FY19: Updated November 2018 5 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. '' 16A.15 and 16C.05 Signed: Jen Franklin Date: January 21, 2020 SWIFT Contract/PO No(s). 171527 / 3-165790 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State’s Authorized Representative Grant for Legislatively-named Municipality FY19: Updated November 2018 6 Exhibit A: Grant Project Deliverables Preparing for Emerald Ash Borer in Community Forests City of Lakeville Deliverables Grant Sum Total: $25,000.00 Grant Contact Deliverables  Grantee must be willing to participate in work by the Minnesota Department of Agriculture and University of Minnesota to evaluate project impacts  Community must have adopted or will adopt and EAB management plan through this grant process  Each ash tree removed must be replaced with a newly planted tree Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the City of Lakeville’s application: Project Overview The location will be the City of Lakeville boulevards (right-of-ways/ROW) and maintained park land property. A sample inventory of boulevard trees conducted in 2017 indicated Lakeville has ~9,500 trees of which ~2,000+ are ash, and an estimated 1,273 meet the criteria to protect with injection. The City currently has 4,115 boulevard trees inventoried in an online mapping system, of which 1,700 are ash, but needs to complete the inventory. The biggest priority is finding the other ash trees on boulevards to manage ash in accordance with the EAB management plan (inject or remove proactively). EAB was found in Lakeville in October 2017 on a boulevard ash tree. The majority of the city is listed as "generally infested" on the MDA's EAB Status map. The project will be a tree inventory on boulevards and if funds permit, filling out gaps in the park land inventory. Lakeville owns all trees growing in boulevards, and the City's EAB plan proposes preservation of ~ 1,273 ash trees in these areas, and structured removal of the remainder (500-750) over a 5- to 10-year period of time. In order to stay on track with either treatment/removal of all boulevard ash trees the City needs to inventory the rest of them in 2019/2020. This will allow Lakeville to manage resources appropriately and avoid hazardous dead ash along municipal streets as well as preservation of tree benefits on the good/fair condition trees before it is too late. Lakeville needs additional funding because it is a experiencing significant population growth, but it was without professional forestry staff for eight years, and prior to that staff had a more limited-scope approach. Lakeville does not have the luxury of time to "phase in" a boulevard inventory over the many years it might otherwise take, so the grant dollars will help fast-track the EAB Plan goals of injection treatments (preservation) or proactive removal. Timeline  January 2020: Receive executed grant agreements, confirm inventory software with GIS staff, review schema (variables to be collected) and label the city map into prioritized sections to guide contractor work  February 2020: Release tree inventory RFP to eligible contractors  February/March 2020: Approve Contractor Agreement and Project Scope at City Council Meeting  April 2020: Pre-Work Meeting with hired Contractor, review maps and make site visits to different boulevard/ROW types as needed. Forestry and Communications staff release Grant for Legislatively-named Municipality FY19: Updated November 2018 7 outreach information regarding the planned inventory by hired Contractor via website, Sun newspaper and Facebook weekly community update. Disclose grant funding source and purpose of inventory.  May 2020: Contractor begins work on boulevard inventory  June 2020: Inventory work continues and ~1,000 boulevard & park ash injected. Submit Reimbursement request form and required report #1  July-September 2020: Inventory work continues, spot checks by City staff  October 2020: Close out 2020-year contract for tree inventory work, mark and schedule ~130 poor condition or small boulevard and park ash trees and stumps marked and assigned for proactive removal. Release Ash Tree/Stump Removal RFP (Parks and ROW) and start planning for tree replanting (May 2021)  December 2020: Submit Reimbursement request form and required report #1 Staff prefers inventory work during leaf on conditions, so if the ~6,000 trees remaining in the boulevard are not fully inventoried by September 2020, the above project timeline would repeat again in January 2021 Project Impacts on Priority Landscapes The project will reduce the impact EAB has on the City of Lakeville because having tree inventory data is the starting point for making a plan and requesting funding from the City Council and leadership. The ash data in natural areas may also allow the City to leverage additional grant dollars from the local watershed districts in the future in order to prevent the negative impacts of losing thousands of ash along creeks, lakes and wetlands. Potential impacts of the project include strategic removals and planting to proactively mitigate the loss of shade and soil-stabilizing roots in the most important parts of the watershed, and reducing high risk trees in maintained areas of parks. The funding for tree removals and replacements will increase the capacity of the City to replant trees after removals. Currently there are no dedicated staff for Park planting and watering, and additional planting has been limited by staff time to physically send a person to water every single tree. Project Impacts on Priority Populations US Census data from 2013-2017 indicates that almost 12% of Lakeville residents are living below the Federal Poverty Level. In addition, the Metropolitan Council summarized U.S. Census data in 2000 to determine about 5-9.9% of the residents within most of the census tracts within Lakeville consider themselves to be a Racial and Hispanic Minority. Based on city maps and demographic information, staff has determined there are 13 mobile home parks and apartments that offer housing to lower-income individuals. Since the boulevard inventory (and park land if funds permit) will encompass the entire city, the diverse populations and lower income areas will benefit by the outcome of the grant-funded inventory work which includes injection to preserve good/fair condition ash trees >10" dbh and proactive structured removal of poor ash trees or those <10"dbh. The management of other tree species as the result of the inventory will also help in maintaining canopy cover reducing the heat-island effect, energy expenses and improving air quality. Communication City Forestry staff routinely work with Communications staff and contractors to expand outreach efforts to businesses and the general public. In order to communicate the grant project, staff plans to: Grant for Legislatively-named Municipality FY19: Updated November 2018 8  Write announcements for the Lakeville ad in the Sun newspaper  Write an announcement for the website  Shoot a short video for the "Focus on Lakeville" which is posted to the Facebook page  Have small EAB Management handouts with Forestry staff contact info for the inventory contractor to hand out when approached by residents In terms of non-grant funded outreach activities, the City's inventory contractor typically sends a postcard announcing the public and private property ash bulk-discount program each May to about 19,000 parcels (entire list of Lakeville single-family parcels). In addition, Forestry staff mails postcards just to the neighborhoods scheduled for boulevard injections to announce the program just before work occurs. The City also uses social media (website, FB, Twitter) and the Sun newspaper along with 1:1 direct communication with private property owners regarding ash inspections, when requested by residents. Personnel The key Lakeville staff who will be involved in writing the specifications, contract documents, meeting with contractors, answering resident phone calls, spot checking work and writing outreach information will be:  Emily Ball, City Forester. Emily has a B.S. in Urban Forestry from the U of MN, is a MN Certified Tree Inspector, and is an ISA-certified arborist who has attained TRAQ by ISA as well.  Mary Pederson, Forestry Technician. Mary has a B.S. degree in Environmental Science, Policy and Management from the U of MN, completed a 3-year arborist apprenticeship at Milwaukee Area Technical College Mequon & Wachtel Tree Science, is a MN Certified Tree Inspector, and is an ISA -certified arborist who has attained TRAQ by ISA as well.  Both Emily and Mary have completed extensive tree inventories similar to what the grant dollars would fund  The contractor performing the actual inventory must be an ISA-certified arborist with experience and references for at least 3 other tree inventory projects performed by that individual(s). Preference will be given to more years and project experience along with any B.A./B.S. degrees, MN Tree Inspector certified, or other credentials. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For Lakeville this means grant funds cannot be spent on purchasing:  Acer (Maple): listed at 23.2%  Fraxinus (Ash): listed at 17.8%  Picea (Spruce): listed at 17.3%  Malus (Apple): listed at 11.9% No trees may be planted other than those specified in the Species List provided by grantee. As stated in the RFA, species list and numbers can be amended following the submissions of tree inventory/survey data. All trees planted with grant funds are expected to be maintained based on the City of Lakeville’s Three Year Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with Grant for Legislatively-named Municipality FY19: Updated November 2018 9 the nursery that stock was purchased from, or at the expense of the City of Lakeville. Requesting Reimbursement Accomplishment reports and maps of completed work will be submitted with all requests for reimbursement.  Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form  Partial payments may be submitted as needed and must include all up-to-date required documents and accomplishment reports  Accomplishment reports will include grant contract deliverables and their impacts  Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results  Maps will: o Identify the location ash have been removed o Identify the location ash stumps have been ground o Identify the location and Diameter at Breast Height (DBH) of ash that have been treated o Identify the location and species of trees that have been planted  All trees removed, treated, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that tree stock planted with grant funds is 1-2 inch caliper bareroot or a container class size #15 or smaller. Acknowledgment The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award.  Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.”  Logo is permitted for use and can be obtained by contacting an Urban and Community Forestry Team Member. Grant for Legislatively-named Municipality FY19: Updated November 2018 10 Exhibit B: Project Budget Preparing for Emerald Ash Borer in Community Forests City of Lakeville Item State Grant Funds Cash Match In-kind Match Total Personnel and Owned Equipment Blank $90,000.00 $2,708.00 $92,708.00 Eligible Expenses as referenced on Request for Application (RFA) $25,000.00 $34,020.00 $8,226.56 $67,246.56 Totals $25,000.00 $124,020.00 $10,934.56 $159,954.56