1b Lk Susan Plant Restore Proj
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen,MN55317
AdmlnlstJallon
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspeclions
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreallon
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310CoullerBoulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
PhOf1e: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
WebSlle
www.ci.chanhassen.mn.us
1..6
-.
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Lori Haak, Water Resources Coordinator t1,...I -h
9(!-P'
April 12, 2002
DATE:
SUBJ:
Lake Susan Aquatic PJant Restoration Grant from the
Minnesota Department of Natural Resources
In October 2001, the City of Chanhassen received an aquatic plant restoration
(APR) grant from the Minnesota Department of Natural Resources (DNR) for
the restoration and management of vegetation along the shoreJine of Lake
Susan,
Attached please find the grant agreement. The agreement must be approved
by the council and signed by the mayor and city manager. The grant is
$25,600, with totaJ project costs estimated at $46,365.
Staff recommends that the City Council approve the attached grant agreement
and authorize the mayor and city manager to execute the agreement on behalf
of the City.
The City has secured in-kind, technicaJ support for this project from the
Minnesota Landscape Arboretum and the Riley-Purgatory-Bluff Creek
Watershed District. The remainder of the project wiJ] be funded through the
City's Surface Water Management budget. In addition, Chanhassen's citizens
and empJoyees of Chanhassen businesses wiJ] be encouraged to volunteer for
the pJanting of vegetation, which wiJ] occur during the spring of 2003.
AdditionaJ information is availabJe on the scope of the proposed project.
Please contact me for more information.
G:\ENG\LORN..k Mgmt\APR Grant Sign Memo.doc
The City 01 Chanhassen . A growing community with clean lakes, quality schools, a channing downlown, Ihriving businesses, winding lrails, and beaulitul parks. A greal place 10 live, work, and play.
STATE OF MINNESOTA
GRANT
State Accounting Information:
Agency: R29 I Fiscal Year: 2002-2004 Vendor Number:
Total Amount of Contract: Amount of Contract First FY:
Commodity Code: Commodity Code: Commodity Code:
Object Code: Object Code: Object Code:
Amount: Amount: Amount:
AcconntiD2 Distribution 1: Accountin2 Distribution 2: Accoootin2 Distribution 3:
Fund: Fund: Fund:
Appr: Appr: Appr:
Orgn: Orgn: Orgo:
Actv: Actv: Actv:
Project: Project: Project:
Rept Cat: Rept Cat: Rept Cat:
Amount: Amount: Amount:
Processing InCormation:
Begin Date:
End Date:
FEW Log #:
CFMS
NumberlDateJSignature
[Individual signing certifies that funds have been encumbered as required by Minn. Stat. . 16A.15
and 16G.05]
Contractor Name and Address Cor f'ding and payment purposes:
Lori Haak, Water Resources Coordinator, City ofChanhassen
690 City Center Drive, PO Box 147
Chanhassen, MN 55317
POOne number: 952-937-1900, extension 105
Fax number: 952-937-5739
E-mail: Ihaak@cLchanhassen.mn.us
Federal Employer I.D. No. 41-0885331
Minnesota Tax I.D. No. 93901348
Grant (Rev. 12/(0)
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its Department of Natural Resources ("State") and the
City of Chanhassen, Minnesota, through Lori Haak, Water Resources Coordinator ("Grantee").
Recitals
1. Under Minn. Stat. ' 97 A.045 the State is empowered to do ail things necessary to preserve, protect and
propagate desirable species of animals and fish.
2. The State, pursuant to Chapter 401, Section 4, established an Aquatic Plant Restoration Program. As part of
this program the State is in need of partners and cooperators to restore shoreJand habitat in ways that
demonstrate good shoreJand stewardship.
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.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: Apri115, 2002, 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.
1.2 Expiration date: June 30, 2003, 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; to, Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14,
Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure.
2 Grantee=s Duties
The Grantee, who is not a state employee, will:
direct the overall project
treat reed canary grass in project area with herbicide in May, June, and August of 2002
prepare the project site by spreading mulch and installing erosion control fabric
plant native upland vegetation during September, 2002
plant native emergent vegetation during the spring months of 2003
install an exclosure fence along the entire upland portion of the project area
install wave break structures if deemed necessary
coordinate with partners
coordinate with consultants to design the project and order the plant materials
recruit, train and supervise volunteers
guide/assist with site preparation, plant installation, site maintenance and long term project monitoring
coordinate volunteers to assist with planting of the site
3 Time
The Grantee must comply with all the time requirements described in this grant contract.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows;
(1) Compensation. The Grantee will be paid according to the breakdown of costs contained in Exhibit B, which is attached
and incorporated into this grant contract.
(2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this
grant contract will not exceed $25,600.
4.2. Payment
Grant (Rev. 12100)
2
(1) 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 DNR Representative accepts the invoiced services.
Invoices must be submitted timely and according to the following schedule:
As work is completed.
Invoices must be accompanied by a signed request for payment on Grantee's letterhead, Send Invoices that
are to be reimbursed to:
David McCormack, Aquatic Plant Management Specialist
Minnesota Dept. of Natural Resources, Division of Fisheries
1200 Warner Road
Sl Paul. MN 55106
The final 10% of project expenses will be paid after a final completion report and request for reimbursement
is submitted and when the Authorized DNR Representative approves in writing that the project has been
completed per project plan specifications.
(2) Federalfunds. Federal Funds will not be used.
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 DNR Representative
The State's Authorized Representative is David McCormack, Aquatic Plant Management Specialist, or hislher
successor, and has the responsibility to monitor the Grantee=s 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 Grantee=s Authorized Representative is Lori Haak, Water Resources Coordinator. 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 may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment 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 its 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 attomey=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.
Grant (Rev. 12/00)
3
9 State Audits
Under Minn. Stat. ' 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.
10 Government Data Practices and Intellectual Property
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 will give the Grantee instructions concerning the release of the data to the requesting party
before the data is released,
12 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 W orkers= 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.
13 Publicity aud Endorsement
13.1 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.
13,2 Endorsement, The Grantee must not claim that the State endorses its products or services.
14 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,
15 Termination
15.1 Termination by the State. The State may cancel this grant contract at any time, 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,
16 Data Disclosure
Under Minn. Stat. ' 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.
17 Other Provisions
1. The grantee will enter into an agreement (Exhibit C) with the DNR and the landowner that allows the Project
Grant (Rev. 12/00)
4
Cooperator, the DNR and their assigns to enter the project site to install, maintain, and evaluate the project.
The DNR will be allowed to tour the projects site with other persons for educational purposes.
2. Modifications to the project plan must be described in writing and signed by the grantee and the Authorized
DNR Representative.
3. The DNR will be recognized as a funding source on informational materials and reports developed for and
resulting from this project.
4. Only the aquatic formulations of herbicides (e.g., Rodeo instead of RoundUp) will be used within 10 ft ofthe
water's edge.
5. Appropriate permits must be secured for the project (including those required to apply herbicides below the
ordinary high water line and to collect from and/or transplant into public waters).
L STATE ENCUMBRANCE VERIFICATION
Individual certifies thatjunds have beet! encumbered as
required by Minn.. Stat. ' . 16A.15 and 16C.05.
3. STATE AGENCY
By:
Signed:
Ron Payer, Director
Title: Division of Fisheries
Date:
Date:
CFMS Grant contract No. A-
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:
Distribution:
Agency
Gra_
State=s Authorized Representative· Photo Copy
Grant (Rev. 12/00)
5
Exibit C: Shoreline Habitat Landowner Agreement
Landowner:
(Name. address. telephone
and email)
City of Chanhassen
Lori Hask, Water Resources Coordinator
690 City Center Drive. PO Box 147 Chanhassen, MN 55317
Phone: 952-937-1900 Fax: 952-937-5739 e-mail:lhaak@ci.Chanhassen.mn,us
Project Cooperator:
(Name, address. telephone
and email)
Same as above
Location (County):
Carver
This agreement dated March 14, 2002 between the Minnesota Department of Natural Resources (DNR), Division of Fisheries and the
City of Chanhassen (Landowner and Project Cooperator) is entered into in order to establish native vegetation along shorelines for the
purposes of creating a buffer zone and improving fish and wildlife habitat, Through tbis Agreement, Landowner will permit the DNR
and the Project Cooperator to undertake certain shoreline habitat restoration activities.
This Agreement covers lands in T 116N, R 23W. S 13 and 14, adjacent and within Susan Lake (DOW 100013(0), as specified in the
project proposal. The term of this Agreement shall be ten (10) years, from April 15, 2002 to April 15. 2012.
The Landowner is responsible for maintaining the project for a period of ten (10) years to ensure that the conservation objective of this
practice is met. Minimum maintenance includes watering when needed during the first year or two and removing invasive and exotic
species tbat encroach on the project.
The Landowner agrees to the terms of installation, maintenance and monitoring outlined in the approved project proposal.
The Landowner agrees to allow the DNR (and the Project Cooperator) access to the project area for construction, maintenance,
evaluation and promotion of the project. The Landowner agrees to make the site available as a demonstration site to the general public.
The Landowner or the Project Cooperator shall secure all necessary permits for the project.
The Landowner will forego the use of fertilizer in the buffer zone created by the project.
The Landowner will forego the chemical control of aquatic plants except for the purposes of controlling algae (which still requires a
permit from the DNR=s Division of Fisheries).
The DNR assumes no liability for injury or damage, other than that caused by it=s own negligence, in the project area. The DNR
assumes no jurisdiction over the project area for purposes of controlling trespass, noxious weeds, granting rights-of-way, or other
incidents of ownership.
This Agreement will be canceled upon transfer of the property to another owner during this period. This Agreement may be amended
by mutual consent of the DNR and the Landowner. The DNR shall have no obligation to restore the land to its original condition upon
expiration or termination of this Agreement.
Date
Mike Halverson Date
Habitat and Development Consu1tant. DNR-Fisheries
Landowner,
Title
Project Cooperator
Date
Tille
Granl (Rev. 121(0)
6
Ducrlptlon Un. Eat.Qty, SIUn. u...... ...... TOTAL Contribution ..... -
1 Tree remOVal 450.00 450.00 In-kind (City) 01101/02 City
2 Reed canary grass removal ea. 3.00 70.00 210.00 1,350.00 1,560.00 rn-kJnd(Crty) 05101102 Crty
3 Exclosures IF 1,000.00 2.25 2,250.00 600.00 2,850.00 Cash 0810110:2 tIIIt8rIaIs _ DNA SHP Grant
4 Wave breaks IF 1,000.00 1.50 1,500.00 400.00 1,900.00 Cash 0810110:2 City
5 Mulch, SWedded hardwood CY 7.75 10.00 77.50 600.00 677.50 In-kind(City) 08101102 materia" _ DNA SHP Grant
. Carp exclosures IF 1,000.00 3.00 3,000.00 1,200.00 4,200.00 Cash 08101102 City
7 erosion control blanket roJ1 9.00 144.00 1,296.00 250.00 1,546.00 Cash 09I02J02 ma&erIaIs _ DNA SHP Grant
. Sill: fence IF 1,000.00 2.00 2,000.00 250.00 2,250.00 Cash 09I02I02 matarla".. DNA SHP Grant
9 TratJers 120.00 120.00 In-kind (WD) 09J02/02 F. RozLmalskl
120.00 120.00 In-kind (MLA) 09J02/02 J. Bohnen
10 Crew tnming 1.200.00 1,200.00 In-kind (City) 09I02I02 VoIlI'IIeers
11 Plants ea. 7,800.00 0.54 4,212.00 4,212.00 Cash 09I02J02 tIIIt8rIaIs _ DNA SHP Grant
12 Planting 7,560.00 7,560.00 In-kind (City) 09I02I02 Volunteers
13 Project management 1,000.00 1,000.00 In-kind (City) Ongo"" L Heal<
960.00 960.00 In-kind (WD) OngOi1g F. RozLmalski
960.00 960.00 In-kind (MLA) Ongoing J. Bomen
14 TransplantFtg 200.00 200.00 In-kind (WC) 09I02I02 L Haak
240.00 240.00 In-kind (WC) 09I02I02 F. Rozuma/skl
240.00 240.00 In-ki'Id (MlA) 09I02I02 J. Somen
15 Maintenance (Arst Year) ea. 1.00 70.00 70.00 600.00 870.00 In-kind (City) 09I02I02 Crty
16 Interpretive Slgnage ea. 2.00 2,000.00 4,000.00 250.00 4,250.00 Cash 1001/02 matertall_DNASHPGrant
17 MaIntenance 3 .. 3.00 3,000.00 9,000.00 9,000.00 Cash 09101103 Contracted
TOTAL 27,615.50 18,750.00 48,385.50
MNCNR Shoreline Habitat Program Grant ($25,600) will cover materiaJ costs, with the exception of the maintenance contract
. ~ .""""
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