HomeMy WebLinkAbout15.D.4. Oak Wilt Suppression Program Grant Funds
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CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council CONSEr~T
Mark McNeill, City Administrator
From: Mark McQuillan, Natural Resource Director
Subject: Shakopee's Oak Wilt Suppression Program
Date: February 13, 2003
INTRODUCTION
Council is asked to approve the City's participation in the Minnesota Releaf's
Community Forest Health Grant Program for the control and spread of Oak Wilt.
BACKGROUND
The City of Shakopee completed its forth year in the Oak Wilt Suppression Program.
The purpose of the program is to provide financial assistance to landowners to control
oak wilt from spreading to healthy trees. To control the spread ofthe disease the City
conducts annual inspections, root severing and/or removal of infected trees. State and
City grant funds cover seventy-five percent (75%) of all costs associated with the root
severing procedure while the landowner is responsible for twenty- five (25%). The
landowner is responsible for all costs for tree removal.
The City out sources inspections with the Kunde Company. They also notify landowners
ifthey have infected trees and types oftreatment (root severing) to keep it from
spreading.
GRANT
The Sate of Minnesota has approved reimbursement funding up to $6,050.00 to fight the
spread of Oak Wilt. Staff recommends accepting the funds to cover fifty percent of oak
wilt inspections and root severing.
ACTION REOUESTED
Move to approve the City of Shakopee' s participation in the Minnesota Releaf 's
Community Forest Health Grant Program ~~.
Mark J. McQuillan
Natural Resource Director
STATE OF MINNESOTA
GRANT AGREEMENT
This Grant is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry
("State") and City of Shako pee, 129 Holmes St S, Shakopee MN 55379-1328 ("Grantee").
Recitals
1. Minn. Stat. '88.82, the Minnesota Releafprogram is established in the department of natural resources to
encourage, promote, and fund the planting, maintenance, and improvement of trees in this state; and
Laws of2001, First Special Session, Chapter 2, Sec 5, subd 4 appropriates funding for matching grants to local
communities to protect native oak forests from oak wilt and to provide technical assistance and cost sharing with
communities for tree planting and community forestry assessments.
2. The State is in need of assistance in survey, treatment, and post treatment monitoring planning and education related
to Oak Wilt.
3. The Grantee represents that it is duly qualified and agrees to perfonn all services described in this Grant Agreement
to the satisfaction of the State.
Grant Agreement
1 Term of Grant Agreement
1.1 Effective date: July 09, 2002, or the date the State obtains aU required signatures under Mimlesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this Grant Agreement until this Grands 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 expiratiori or cancellation ofthis9rant Agreement:
8. Liability; 9. State Audits; 10. 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:
A. GRANTEE SHALL: Complete the work as outlined by (1) the GRANTEE's Project Proposal, which is attached
hereto and incorporated herein, and (2) the Minnesota Forest Health Program Guidelines as distributed in the
2002-2003 Minnesota ReLeaf Community Forest Health, Grant Programs Application Packets, which is
incorporated by reference herein. Any changes in the proposed project work must be submitted in writing and
approved by STATE prior to the work proceeding.
B. GRANTEE SHALL: Be responsible for the planning, supervision, and satisfactory completion of work specified
in the GRANTEE's approved Project Proposal and for payment of all monies for work undertaken in accordance
with the project.
C. GRANTEE SHALL: Provide the following reports:
1. Final Project Report upon completion of the project, but no later than June 30, 2003 on a fonn provided by the
STATE. It shall contain appropriate certification that all completed work confonns with the specifications
contained in the GRANTEE's Project Proposal or as amended in writing.
IV GRANTEE SHALL: Keep an up-to-date work status record for work undertaken to complete the project.
E. GRANTEE SHALL: Maintain complete, accurate, and separate financial records for all work undertaken, which
adequately identify the source and application offunds provided by this Grant. These records must contain
infonnation pertaining to this Grant award and authorizations, obligations, unobligated balances, assets, liabilities,
outlays or expenditures, and income. The records must provide verification of any in-kind contributions counting
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toward satisfying a match and show how the value of any third party contribution was derived. A written
narrative explanation shall describe all variations from estimated cost.
3 Time
The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of
this Grant Agreement, 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 Agreement as
follows:
(1) Compensation. The Grantee will be paid in an amount not to exceed $6,050.00, based on the budget
outlined in attached project proposal contained in Exhibit A, which is incorporated into this Grant
Agreement.
(2) Matching Requirements. Grantee certifies that the following matching requirement will be met by
Grantee: Grantee has agreed to provide a local cash or in-kind contribution of at least 50% ofthe
total project proposal.
(1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the Grantee as a result of this Grant Agreement 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 Employee Relations. 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.
(3) TotalObligation. The total obligation of the State for all compensation and reimbursements to the
" '
Grantee under this Grant Agreement will not exceed $6~050.00.
4.2. Payment
(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 Representative accepts the invoiced
services. Invoices must be submitted timely and according to the following schedule: The
applicant may request, and if approved, obtain a cash advance for up to 50% of their allocated funding as
necessary for approved costs. Upon receiving a final project report, a compliance check will be conducted
by the DNR before final payment will be authorized. Final payment will not be made until all funded
activities are complete. All work must be completed by June 30, 2003.
(2) Federal flmds. (Where applicable, if blank this section does not apply) Payments under this Grant
Agreement will be made from federal funds obtained by the State through Title CFDA number
of the Act of _' The Grantee is responsible for compliance with all federal
requirements imposed on these funds and accepts full financial responsibility for any requirements imposed
by the Grantee=s failure to comply with federal requirements.
5 Conditions of Payment
All services provided by the Grantee under this Grant Agreement 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 offederal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Don Mueller, 1200 Wamer Rd, St Paul, MN 55106,651-772-6148 or
his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the
services provided under this Grant Agreement. If the services are satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
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The Grantee's Authorized Representative is Mark McQuillan, 129 Holmes St S, Shakopee MN 55379-1328. If
the Grantee's Authorized Representative changes at any time during this Grant Agreement, the Grantee must
immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant Agreement Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior consent ofthe State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this Grant Agreement, or their successors in office.
7.2 Amendments. Any amendment to this Grant Agreement 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
. Agreement, or their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements between the
State and the Grantee. No other understanding regarding this Grant Agreement, 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
Agreement 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 Agreement.
9 State Audits
Under Minn. Stat. I 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this Grant Agreement 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.
10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. eh. 13, as it applies to all data provided by the State under this Grant Agreement,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Grantee under this Grant Agreement. 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.
10.2. Intellectual Property Rights
Not applicable.
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 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.
13 Publicity and Endorsement
13.1 Publicity. Any publicity regarding the subject matter of this Grant Agreement 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
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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 Agreement.
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-Iaw provisions, governs this Grant Agreement. Venue for all legal
proceedings out of this Grant Agreement, 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 tlte State. The State may cancel this Grant Agreement 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. I 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.
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual ~!!rtifies thatfunds have bei,n encumbered as By:
""U;~:fZ:" " 16A;2r,6C'OS, "
Signed: t..J. ~~_'7~~ (with delegated authority)
Title: _Forestry Division Director
Date: 01/06/03 Date:
CFMS Grant No. A41605
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the Grant Agreement on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title: Mayor
Date:
By:
Title: City Administrator
Date:
By:
Title: City Clerk
Date:
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2002-2003 MINNESOTA'ReLEAF
COMMUNITY FOREST HEALTH PROGRAM
APPLICATION FORM
Application is limited to this 4-page form. Please refer to the Application Guidelines when
completing this form. Mail your completed and signed application to the DNR Regional contact in your area, see below.
Applications are due by 4:30pm Friday, June 14, 2002. A DNR Area Forester will be contacting you to complete a needs
assessment of your project. Grant recipients will be notified within 30 days.
Region 5 (South East): Ed Hayes, 2300 Silver Creek Rd. NE, Rochester, MN 55906, (507) 285.7431
Metro Region (Metro + former Region 3): Don Mueller, 1200 Warner Rd., St Paul, MN 55106, (651) 772.'6148
This form is available via email from Sharon Schmitz, sharon.schmitz@dnr.state.mn.us, (651) 297-7298.
1- Project Location
City, Township or County Shakopee
2. Applicant Contact Information-
ApP,licant Organization Name: Shakopee
Contact Person: Mark Mcquillan Phone No:~) 233-3800
Mailing Address: 129 Rn'm~s St S E-mail:
City, State. Zip code: Shakopee, MN, 55379-1328
Project Technical Advisor: Mark Rehder Phone No: l21.!,J 484-0114
(If different from Contact Person) E-mail:
3. Applicant Eligibility (check one)
J.,Municipality _Township _County _School District
, .
_Non-profit Organization (with 501 (c)(3) status)
_Other (specify):
4. Project Budget Summary
a. Non-state cash contributions: $ 7,090 ~% of total
b. Non-state in-kind ccmtributlons: $ 1, 750 .J1... % of total
c. Mn ReLEAF Funding Requested: $ 7.090 .Ji!L % of total
TOTAL PROJECT COST (a+b+c): $ 15.930
5. Project Schedule (approximate)
Start up date: ASAP , Completion date: J"'tle ] Q, 2003
6. Project Summary Statement
MnRL Forest Health Application 1
Describe the project with details about survey, treatment and post-treatment
monitoring, as well as planning and education efforts which serve program goals.
Include a brief description of the staff involved and how the projectfits into the
community's overall plan for forest health management.
6) This will be the fourth year of the Shakopee Oak Wilt Suppression Program. While
oak wilt is not at serious levels the city understands the importance and value of the tree
resource it has and realizes the need for an aggressive control campaign. The program
will rely on homeowner calls to locate infection centers but priority inspections will be
given to areas where oak wilt has been found in previous seasons and where new
infection centers are suspected.
As part of its program, the city would like to hold demonstrations and oak wilt
workshops to help citizens understand that oak wilt is a controllable disease and that cost-
share is available to them. The workshops will include plowing demonstrations, seminars, ,
and/or question and answer sessions at city hall. Pamphlets, brochures, cable access, and
the city newsletter would all be utilized to inform landowners about the program and how
they can get involved.
All active infection centers will geographically mapped and added to the existing
database creating a permanent record of all infection centers. Mapping will help
streamline the re-inspection process as well as keep tabs on disease advancements and
potential high priority areas.
The staff involved in this project would include the Director of Natural
Resources, Public Works Director, City Clerk/Treasurer, and qualified staff provided by
Kunde Co., Inc. Forestry Consultants.
7. Sustainable ForestHealth Management Plan
Show what the community is doing to build capacity toward long-term management of
oak wilt independent of state funding. Check all that apply to your forest health program.
Be prepared to provide supporting documentation of these efforts with the final report for
this grant.
1i1. New/expanding forest health program
JS.. New/expanding in-house staff
'. Professional (staff or contract) oversight
-. Control zones expanded to include larger portion of community
~ Control zone includes all of community
)If. Disease management plan in place
. Post-treatment inspections for 3 years following treatment
J4. Disease management addressed in ordinances, and permitting practices
JI. Disease management addressed in comprehensive plan
~ Educational for residents
Ji1.. Educational for developers, builders, and contractors
Q Treat-to-the-line practices
Q Multiple partners
,)( Significant portion of the match is in cash
8. e Project Location
Briefly describe which sections of the county or community will be served by the project and how specific sites
will be prioritized for treatment
8) Aerial photography taken in 1999 was very useful in helping the city
understand where the problem areas were located. However, this data needs
updating. Therefore, the City will contract with the Kunde Company to take
new aerial photos this summer. Most of all the infection centers were located
on the east end of town in what were two large undeveloped tracts of land. Since
then all sites within these areas have been treated and one of the sites has
been commercially developed. The other site remains an undeveloped city park. At
last check, all sites were under control. Some new sites were located last year
9. 8t~att~eefd,d to have arisen as a result of new home contruction. Therefore, areas of
u ge rea own h' .' 11 1 h J ~ . Rd.' a d
. new ome contr c ~o va so .C ose. n~to 2. an ~ s e r'
Please specIfy the sources ana amounf"ormafchmg cas'h ana m'=km con lbdffcms, wfllc may mcfbW sli1f Ime~ ~ng
donated labor and equipment, supplies, services, etc.
the course of the program. The rest of the city will be inspected as needed.
ITEM NON-STATE NON-STATE CASH MNRL FUNDING TOTAL
IN.KINO MATCH MATCH ($) ($)
($ & source) ($ & source)
Staff Time (survey planning, $ re~~-"=-:"'1~-~ -... --:~'l-7{:-:~1 '
1,250 ~:4~G!v,; :"'. .' ' -' , ' ,:';"'", $ 1 250
coordination, publicity, field work, Source: Ci ty ~2'J!~~~k~--~ i - . - -:~ '
~--" ," ~:
monitoring, reports) ~....~..--.. ~; ~ ~~_~;~I~~___A~..:.l.:L~~~~
Outreach Expenses (workshops, $ $ 250 $ 250 $ 500
media expenses, publications) Source: Source: City
Equipment Usage $ $ $ $
Source: Source:
~--~
, ,. . -' "'-j
Contractual Services (survey, . ...{ ,"i;, $ $ 6 , 840 $
- , ~-::,!',: 6,840 13,680'
consulting, control line installation, I
, , . :"'! Source: City &
spore tree removal) \
;. . "." d Landowner
_ -.',;:It......r _ + - ..... ~ ~--~... :;]
.... -' - -,- --'~~--;1
Misc. Field Expenses (supplies, $ 500 $ . i ': ,::;.,~",-'; ~'r:i $
'. "",, , I 500
vehicle expenses) Source: Ci t Source: . ' .~A.~~~_::,._~;
__ ,...._ ~__~,......,~.;4I..~
TOTAL (should equal the total in $ 1,750 $ 7,090 $ 7,090 $ 15,930
the budget summary in, Ques. 4)
!f..A70J<!/dl ~~dJ R(GS jJl R.6C7"b' R .6-l;-Od-
Title Date
MnRL Forest Health Application 3
ITEMIZED BUDGET BREAKDOWN FOR YOUR OAK WILT
SUPPRESSION PROGRAM 2002
Your community would be financially responsible for $ 4402.50 (in bold) ofthe $ 15,930
program. * (does not include in-kind staff time or the 25% ofVP cost))
Item Non-State In- Non-State Cash MNRL Funding T ota!
Kind Match Match
Staff time 50 hrs at $25/hr= X X $ 1,250
$1,250
Source: City
Outreach .. Demonstrations, $ 250 $ 500
expenses workshops, etc
$250
Source: City Source: MNRL
Equipment usage
Contractual X 15 VP treatments 15 VP treatments 15 VP treatments
services @ $325 = $ 4,875 @ $325 = $ 4,875 @ 650= $ 9,750
Source: Source: N1NRL
City = $ 2,437.50
Landowner =
$ 2,437.50
60 hrs of 60 hrs of 120 hrs of
inspections at inspections at inspections @
$29/hr = $ 1,740 $ 29/hr = $ 1,740 $ 29/hr = $3,480
Source: City Source:MNRL
Consultation Consultation Consultation
mileage. 750 mileage. 750 mileage. 1500
miles at $ .30 = miles at $ .30 = miles @ $.30 =
$ 225 $ 225 $ 450
Source: City Source: MNRL TOTAL $ 13,680
Misc. Field City work X $ 500
Expenses verification $ 500
Source: City
TOT ALS $ 1,750 $ 7,090 $ 7,090 $ 15,930