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HomeMy WebLinkAboutItem 06.gAugust 16, 2010 APPROVAL OF MINNESOTA TRAIL ASSISTANCE PROGRAM CROSS - COUNTRY SKI AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES Proposed Action Staff recommends adoption of the following motion: Move to approve Minnesota Trail Assistance Program Cross - Country Ski Agreement with Minnesota Department of Natural Resources. Overview Annually, the City of Lakeville enters into an agreement with the Minnesota DNR for the purpose of receiving traditional grant funding for the maintenance of cross - country ski trails at Ritter Farm Park. The grant awarded to the City for the 2010 -2011 winter season is $6,096. Grooming of ski trails is completed by agreement with the Lakeville Sno Trackers Snowmobile Club which is reimbursed through grant funds. Primary Issues to Consider • Will there be adequate snowfall to conduct regular grooming activities? Supporting Information • Minnesota Trail Assistance Program Cross - Country Ski Traditional Grant Agreement with Minnesota DNR Gerald S. Michaud Parks & Recreation Director Item No. Financial Impact: $6,096.00 Budgeted: Source: MN DNR Related Documents (CIP, ERP, etc.): Notes: Local Unit of Government "Sponsor" City of Lakeville Trail Name Ritter Farm State Cost $6,096.00 Effective Date July I, 2010 MINNESOTA TRAIL ASSISTANCE PROGRAM CROSS- COUNTRY SKI FY2011 TRADITIONAL GRANT AGREEMENT THIS AGREEMENT, is made between the STATE OF MINNESOTA, acting through the Commissioner of Natural Resources, hereinafter referred to as the "State ", and the sponsoring Local Unit of Government "Sponsor" specified above, and relates to the establishment of proposed trails specified above. WHEREAS, the local unit of government desires to establish, construct and maintain public trails; and WHEREAS, the Minnesota Trails Assistance Program provides grants to local units of government for the construction and maintenance of recreational trails pursuant to Minnesota Statutes, Chapter 85.44 and 84.026; and WHEREAS, the local unit of government has applied to the State for a grant for said trails and has submitted the Minnesota Trails Assistance Program's application form, maps, and resolution of the local unit of government authorizing the proposed trails as outlined in said documents; and said application form, resolution, map or new trail project proposal are attached hereto as Exhibit "A ". NOW THEREFORE, it is agreed between the parties as follows: A. TRAIL OBLIGATION OF THE LOCAL UNIT OF GOVERNMENT. The local unit of government agrees to construct, operate, and maintain the proposed trails in accordance with the current Minnesota Cross Country Ski Trails Assistance Program Instruction Manual, hereinafter referred to as the "Manual ", and with the application or new trail project proposal form, as accepted or amended by the State. The local unit of government shall: 1. Proceed to acquire necessary interests in lands on the Trail. The Sponsor must acquire land in fee, easement, lease, permit, or other authorization for said Trail. The term of said interest shall be no less than four (4) months between November 15 of any year and April 1 of the succeeding year. For each parcel of land crossed by the Trail, the Sponsor shall obtain from the owner of said parcel a permit, lease, easement, deed, or other authorization for said crossing in accordance with Minnesota Statutes Chapter 604A. The Sponsor shall certify that the necessary interests in the land have been obtained and are on file with the Sponsor or the sponsor's agent. 2. Construct the trails and provide adequate maintenance which shall include keeping the trails reasonably safe for public use; provide sanitation and sanitary facilities when needed; and provide other maintenance as may be required. The local unit of government and not the State is responsible for maintaining signs and grooming all trails. If the local unit of government fails to expedite establishment and construction of trails or fails to provide for adequate maintenance, the State may withhold future payments to the local unit of government and/or terminate this agreement. B. TECHNICAL ASSISTANCE. The State shall give technical assistance to the local unit of government in establishing trails upon request. C. FUNDING. The state's sole responsibility under this Agreement is to provide funds to the local unit of government. In the event that state funds become unavailable because of legislative or executive action or restraints the grant amount may be reduced or canceled by the State. Form Revised 7/2010 1 D. REIMBURSEMENT. The state agrees to reimburse the local unit of government 65 percent of the cost of trail acquisition, development, and maintenance, except grooming and liability insurance which shall be reimbursed at the rate of 90 percent for all eligible costs. All costs shall be in accordance with the allowable charges and costs listed in the Manual. This grant shall not exceed the State Cost as specified above. E. PAYMENT. The local unit of government must submit a request for reimbursement and attach worksheets furnished by the State for all costs incurred in acquiring, developing, maintaining and grooming the trail, all in accordance with the Manual. Additionally, the local unit of government must submit original receipts of actual purchases exceeding $100.00. Further, the first request for reimbursement for costs incurred by grooming must be made by January 31, and the last day of every month thereafter while costs are incurred during the grooming season. 1. First Payment: Upon receipt of the request for reimbursement evidencing acceptable trail costs of $500.00 or more for acquisition, development, or maintenance, the State agrees to reimburse the local unit of government for approved costs in accordance with the Manual. The State shall not be required to pay for any services provided by the local unit of government which the State determines to be unsatisfactory as determined by the State's authorized representative. 2. Subsequent Payments: Each thirty (30) successive days after the first payment, the local unit of government may submit invoices evidencing trail costs. Payments shall be made to the extent of authorized reimbursement, or until this agreement is terminated. 3. Trail Segments: It is understood that if the trail system is developed in segments, the local unit of government may submit requests for reimbursement as soon as continuous and workable segments are completed. F. STATE AUDITS. Under Minnesota Statutes § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. Records shall be sufficient, as defined in the Manual to reflect significant costs incurred and volunteer donation of time, equipment, and /or materials in performance of this grant. G. WORKERS COMPENSATION. The Grantee certifies that it is in compliance with Minnesota Statutes § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. H. LIABILITY. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736 and other applicable law. The Sponsor's liability shall be governed by the provisions of Minnesota political Subdivisions Tort Liability, Minnesota Statutes § 466.02 and other applicable law. I. TERM. I.1 Effective date: July 1, 2010, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. I.2 Expiration date: June 30, 2012, or until all obligations have been satisfactorily fulfilled, whichever is sooner. This expiration date includes the certification period as authorized in Minn. Stat. 16A.28, sudb. 6. Form Revised 7/2010 2 J. TERMINATION. This Agreement may be terminated by the State in the event of a default by the Sponsor, the legislature appropriates insufficient monies for the program, or the abandonment of the Trail. It may also be terminated upon mutual agreement by the State and the Sponsor. K. PUBLICITY AND ENDORSEMENT Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by of for the Sponsor individually or jointly with others, with respect to the program, publications, or services provided resulting from this grant agreement. Endorsement. The sponsor must not claim that the State endorses its products or services. L. ASSIGNMENT OR MODIFICATION. The Sponsor may not assign any of its rights or obligations under this Agreement without the prior written consent of the State. No change or modification of the terms or provisions of this Agreement shall be binding unless such change or modification is in writing and signed by all parties on this Agreement. M. DATA DISCLOSURE. Under Minnesota Statutes § 270.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. N. GOVERNING LAW, JURISDICTION, AND VENUE. Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. O. AUTHORIZED REPRESENTATIVE. The State's Authorized Representative is Martha Reger, District Supervisor, 1200 Warner Road St. Paul MN 55106, 952/826/6769, or his /her successor, and has the responsibility to monitor the Sponsors performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Sponsor's Authorized Representative is Steve Michaud, Trail Administrator, 20195 Holyoke Ave Lakeville MN 55044, 952/985/4601. If the Sponsor's Authorized Representative changes at any time during this grant contract, the Sponsor must immediately notify the State. The authorized representative of the sponsor is prohibited from being an officer or bookkeeper /accountant of the club or organization receiving this grant on behalf of the State. Form Revised 7/2010 3 Individual certifies that funds have been encumbered as required by M.S. § I6A:I5 ird 60.05. _ . a- State Encumbrance Verification CFMS #: , 7/ s Date Signature (Recommend for Approv Parks and Trails Regional Manager Date Authorized Signature Parks and Trails Division Director Date Local Unit of Government (Sponsor) Authorized Signature Title Date Authorized Signature Title Date IN WITNESS WHEREOF, the parties hereto have executed this Agreement. LOCAL UNIT OF GOVERNMENT SPONSOR DEPARTMENT OF NATURAL RESOURCES Form Revised 7/2010 4