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HomeMy WebLinkAboutItem 06.dOctober 4, 2010 APPROVE MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES Proposed Action Staff recommends adoption of the following motion: Move to approve Minnesota Snowmobile Trails Assistance Program Agreement with Minnesota Department of Natural Resources. Overview Annually, the City of Lakeville enters into an agreement with the Minnesota DNR for the purpose of receiving trail maintenance funding for its snowmobile trails. The grant awarded to the City for the 2010 -2011 winter season is $18,957.20. Maintenance and grooming of snowmobile trails is completed by the Lakeville Sno Trackers Snowmobile Club which is reimbursed through grant funds. Primary Issues to Consider • Will there be adequate snowfall to conduct regular grooming activities? Supporting Information • Minnesota Snowmobile Trails Assistance Program Maintenance and Grooming Grant Agreement with Minnesota DNR Gerald S. Michaud Parks & Recreation Director Item No. Financial Impact: $ 18,957.20 Budgeted: N/A Source: MN DNR Related Documents (CIP, ERP, etc.): Notes: MINNESOTA SNOWMOBILE TRAILS ASSISTANCE PROGRAM SNOWMOBILE FY 2011 MAINTENANCE AND GROOMING GRANT AGREEMENT Local Unit of Government (Sponsor) City of Lakeville Trail /Club Name Lakeville Sno Trackers Grant Amount $ 18,957.20 THIS AGREEMENT is made between the STATE OF MINNESOTA, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the "State," and Local Unit of Government, hereinafter referred to as the "Sponsor" relating to the maintenance and grooming of the trails specified above; and WHEREAS, the Sponsor desires to maintain trails for the enjoyment of the public; and WHEREAS, the Minnesota Snowmobile Trails Assistance Program provides grants to local units of government for the maintenance of recreational trails pursuant to Minnesota Statutes Chapter 84.83; and WHEREAS, the Sponsor has applied to the State for a grant for said trails and has submitted the Minnesota Snowmobile Trails Assistance Program Maintenance and Grooming application form, maps, required attachments, and resolution of the Sponsor authorizing the proposed maintenance and grooming and said application form, map and resolution are attached and incorporated into this agreement as Exhibit A, hereinafter referred to as the "Plan "; and NOW THEREFORE, it is agreed between the parties as follows: A. TRAIL OBLIGATION OF THE SPONSOR. The Sponsor agrees to maintain the proposed trails in accordance with the guidelines contained within the current Minnesota Snowmobile Trails Assistance Program Maintenance and Grooming Manual, hereinafter referred to as the "Manual" as accepted or amended by the State. All work will be the responsibility of the Sponsor, it's employees, or the sponsor's agent provided the agent is registered as a nonprofit corporation with the State of Minnesota. The Sponsor shall: 1. Proceed to acquire necessary interests in lands on the Trail. The Sponsor must acquire land in fee, easement, lease, permit, or other authorization for said Trail. The term of said interest shall be no less than four (4) months between November 15 of any year and April 1 of the succeeding year. For each parcel of land crossed by the Trail, the Sponsor shall obtain from the owner of said parcel a permit, lease, easement, deed, or other authorization for said crossing in accordance with Minnesota Statutes Chapter 604A. The Sponsor shall certify that the necessary interests in the land have been obtained and are on file with the Sponsor or the sponsor's agent. 2. Provide adequate maintenance and grooming on the Trail, which shall include keeping it reasonably safe for public use; provide sanitation and sanitary facilities when needed; and provide other maintenance and grooming as may be required. The Sponsor and not the State is responsible for maintaining signs and maintenance and grooming of the Trail. B. TECHNICAL ASSISTANCE. Upon the request of the Sponsor to the extent possible, the State will provide technical assistance with major problems encountered in the maintenance and grooming of the Trail. C. FUNDING. The State's sole responsibility under this Agreement is to provide funds to the Sponsor. In the event that state funds become unavailable because of legislative or executive action or restraints, the grant amount may be reduced or canceled by the State. D. DISBURSEMENT. The State agrees to disburse funds to the Sponsor pursuant to this Agreement based upon the satisfactory completion of significant performance benchmarks as identified in section F. PAYMENT. This grant shall not exceed the Grant Amount as specified above. Funds not earned and paid out will be canceled annually at the end of the State's fiscal year (June 30). E. GROOMING. In order to receive maximum disbursement from this Agreement, the Sponsor agrees to groom the entire Trail referred to within the Plan in accordance with the Trail Grooming Guidelines established in the Manual. F. PAYMENT. 1. Trail Completion Benchmark, 40% of Total Grant Amount Disbursement of these funds is contingent on the sponsor providing a high quality map that shows the final alignment of the trail and a Trail Completion Certification Form that the trail is open and available for use. The certification must be received by December 15 of that year. This includes having the trail brushed, bridges in repair, signs installed, gates were capable of being open (snow permitting), and any other additional work needed. Also the Sponsor ensures that interest in lands to operate a snowmobile trail have been acquired through fee, easement, lease, permit, or other authorizations of interest throughout the entire Trail. 2. Grooming Certification Benchmark, Opening — January 15, 25% of Total Grant Amount A portion of the grooming monies will be disbursed in February to the Sponsor by the DNR based upon the Certification of Satisfactory Grooming Form received from the Sponsor that the trails have been properly groomed from opening day through January 15 The certification must be received by February 15 of that year. The Sponsor in coordination with the Club must maintain sufficient records to document the activity. 3. Grooming Certification Benchmark, January 16 — Closing, 25% of Total Grant Amount The second disbursement of the grooming monies will be made to the Sponsor by the DNR based upon the Certification of Satisfactory Grooming Form received from the Sponsor and verification that the trails were groomed to the satisfaction of the Sponsor from January 16 through the end of the season. The certification must be received by April 15 of that year. The Sponsor in coordination with the Club must maintain sufficient records to document the activity. 4. Trail Closure /Application Submission Benchmark, 10 % of Total Grant Amount The final payment will be based upon the Trail Closure /Application Submission Certification form received from the Sponsor. The certification must be received by May 15 A completed application for the next year must accompany the certification. Must provide evidence that Sponsor and Club attended spring training session conducted by DNR. A map indicating the "anticipated" alignment of the trail must also be submitted. A back -up grooming plan must also be provided. G. PENALTIES. a) If it is determined that the Trail Completion Certification benchmark in this Plan has not been satisfactorily completed but was certified as having been completed by the Sponsor, the Sponsor may be assessed a penalty of up to 40% of the Total Annual Grant Amount. Porm revised 8/2010 1 of 5 b) If it is determined that the Grooming Certification benchmark for the period of opening day through January 31 in this Plan has not been satisfactorily completed but was certified as having been completed by the Sponsor, the Sponsor may be assessed a penalty of up to 25% of the Total Annual Grant Amount. c) If it is determined that the Grooming Certification benchmark for the period of February 1 through the end of the season in this Plan has not been satisfactorily completed but was certified as having been completed by the Sponsor, the Sponsor may be assessed a penalty of up to 25% of the Total Annual Grant Amount. d) If it is determined that the Trail Closure /Application Submission Certification benchmark in this Plan has not been satisfactorily completed but was certified as having been completed by the Sponsor, the Sponsor may be assessed a penalty of up to 10% of the total annual Grant Amount. In addition to the above penalties, the State reserves the right to reduce payment in the following year's agreement or to exclude the Sponsor from participation in the Trails Assistance Program for up to 3 years. H. ACCOUNTING AND AUDIT. The Sponsor shall maintain books, records, documents, and other evidence relevant to this grant and in such detail that will accurately reflect the benchmarks that have been reached in this program and that have received payment. The Sponsor shall use generally accepted accounting principles and these records shall be retained for six years after this grant terminates. The State, its representative or the legislative auditor shall have the right to examine this evidence and the Sponsor shall make them available at the office at all reasonable times during the record retention period. Records shall be sufficient, as defined in the Manual to reflect significant costs incurred and volunteer donation of time, equipment, and /or materials in performance of this grant. I. WORKER'S COMPENSATION. The Sponsor shall comply with the provisions for worker's compensation in Minnesota Statutes Chapter 176.181, Subd. 1 and 176.182 and all applicable rules and subsequent amendments thereto. J. LIABILITY. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The provisions of the Minnesota Tort Claims Act, Minnesota Statutes Chapter 3.736 and other applicable law shall govern the State's liability. The provisions of Minnesota Political Subdivisions Tort Liability, Minnesota Statutes Chapter 466.02 and other applicable law shall govern the Sponsor's liability. K. TERM. K.1 Effective date: August 10, 2010, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. K.2 Expiration date: June 30, 2011, or until all obligations have been satisfactorily fulfilled, whichever is sooner. L. TERMINATION. This Agreement may be terminated by the State in the event of a default by the Sponsor; the legislature appropriates insufficient monies for the program, or the abandonment of the Trail. The State and the Sponsor may also terminate it upon mutual agreement. M. ASSIGNMENT OR MODIFICATION. The Sponsor may not assign any of its rights or obligations under this Agreement without the prior written consent of the State. No change or modification of the terms or provisions of this Agreement shall be binding unless such change or modification is in writing and signed by both parties to this Agreement. Forst revised 8 /2010 2 of 5 N. DATA DISCLOSURE. Under Minnesota Statutes § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. O. GOVERNING LAW, JURISDICTION, AND VENUE. Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. P. AUTHORIZED REPRESENTATIVE. The State's Authorized Representative is the Trail Area Supervisor from the Parks and Trails Division of the Department of Natural Resources for the area where the trail is located, or his /her successor, and has the responsibility to monitor the Sponsors performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. A list of the Trail Area Supervisors can be found on the program webpage (http: / /files.dnr.state.mn.us /assistance/ grants / recreation /xc_ski /taw_sites.pdf). The Sponsor's Authorized Representative is the contact person and individual who provide the authorized signature for the Sponsor, which can be found on the program application (incorporated here into this agreement by reference). If the Sponsor's Authorized Representative changes at any time during this grant contract, the Sponsor must immediately notify the State. The authorized representative of the sponsor is prohibited from being an officer or bookkeeper /accountant of the club or organization receiving this grant on behalf of the State. Form revised 8/2010 3 of 5 Individual certifies that funds have been encumbered as required by M.S. § 16A.15 and 16C.05. iu OL - VD`uul- State Encumbrance Verification CFMS #: Z `I c i c Date Signature (Recommend for Approval) 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 8 /2010 4 of 5