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HomeMy WebLinkAbout10.02.07 Consider Agreement with Anoka Conservation Dist. for Nat. Resource Inv. - ... , @ C I T Y o F NDOVE 1685 CROSSTOWN ~OULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923. W~ERMNUS TO: Mayor and CouncIlmembers ~ ______. ~.. CC: Jim Dickinson, City Administrato~' --.- Will Neumeister, Community Develo ~nt Director~ FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Agreement with Anoka Conservation District for Natural Resource Inventory - Planning DATE: October 2, 2007 INTRODUCTION The Open Space Advisory Commission recommends that the Council approve the attached agreement with the Anoka Conservation District (ACD). The purpose of the agreement would be to define the scope of work and compensation for work to complete a natural resource inventory for the city. DISCUSSION The Open Space Advisory Commission has been working with ACD to evaluate available base information including the different types of tree and plant communities, floodplains, wetlands, wildlife corridors, and other information. The proposed agreement will allow the city to utilize the expertise of ACD to focus the data in ways that will help the city prioritize potential preservation areas. ACD has committed to donating 15 hours of work to help the city. If the work takes the amount of hours described in the agreement the total cost to the city will be $2,480. The city will be provided the information digitally and has the capability of printing maps to prevent these types of costs from being charged to the city. The Commission and staff will be working closely with ACD throughout this process to ensure the final product meets the city's needs. The City Attorney reviewed the attached agreement and had no legal objection. ACTION REOUESTED The Council is asked to approve the attached agreement. Attachment Memorandum of Understanding ~--- .. ..... MEMORANDUM OF UNDERSTANDING Between the CITY OF ANDOVER And the ANOKA CONSERVATION DISTRICT For Assistance With AN OPEN SPACE PROTECTION OPPORTUNITIES MAPPING AND EV ALUA TION PROJECT This AGREEMENT is made and entered into by and between the CITY OF ANDOVER, hereinafter referred to as the "City", and the ANOKA CONSERVATION DISTRICT, a subdivision of state government organized under MN Statute 103C with a regular place of business at 16015 Central Ave NE, Suite 103, Ham Lake, MN 55304, hereinafter referred to as "ACO." WITNESSETH WHEREAS, ACO and the City have the common objective of properly managing and protecting natural resources and open spaces; and WHEREAS, the City is a legally authorized unit of government currently seeking support in its planning; and WHEREAS, ACD has the technical expertise to provide for the City assistance with such a planning effort; and WHEREAS, the City and ACO are mutually interested in cooperating with each other in order to facilitate implementation of the attached work plan for the Project; and WHEREAS, the parties agree that it is in their best interest to define their respective responsibilities and obligations; and WHEREAS, the parties are authorized to enter into agreements for activities herein described; NOW, THEREFORE, it is mutually agreed that; Article 1 Purpose The parties agree that they have joined together for the purpose of implementing a Open Space Protection Opportunities Mapping and Evaluation Project, which is attached hereto as Exhibit A and incorporated herein by reference. All tasks related to implementation of the Open Sp.ace Protection Opportunities Mapping and Evaluation Project shall be referred to as the PROJECT. Article 2 ACD Responsibility The ACO will facilitate implementation of the PROJECT. This will be accomplished by; Page 1 of 3 . Carrying out the tasks of the PROJECT as described in Exhibit A, as feasible considering staffing and time constraints. . Provide 15 hours of ACO staff time at no charge . Provide tracking of services provided, hours worked, and materials used for invoicing purposes. Article 2 City Responsibility City is responsible to: . Provide reimbursement to ACO for all eligible costs for materials as identified in Exhibit A. . Provide compensation to ACO for services rendered as defined in, and at the rate specifi.ed in, Exhibit A. Article 4 Disbursement of Funds City agrees to furnish payment to the ACO upon invoice no later than June 30, 2008. Article 5 Contracts and Purchases All contracts let and purchases made pursuant to this agreement shall be made by the ACO in conformance with requirements applicable to the ACO as identified under Minnesota Statutes. Equipment purchased will become property of the ACO. Software purchased or used in conjunction with this Project will be available to the City on an ongoing basis without charge. ACO shall not contract the Project to a third party or purchase equipment or software to complete the Project without prior written authorization from the City. Article 6 Disposition of Plans, Reports and Other Data ACO and the City shall work collaboratively and freely exchange information at the request of either party through the course of the Project. At the time of completion or termination of the work, the ACO shall make available to the City all maps, tracings, reports, resource materials and other documents pertaining to the work or to the PROJECT. Reliance on this information by any party other than the City or ACO shall be at the third parties risk without consequence to the City or ACO. All data and information obtained by the ACO in the performance of the work herein may be kept and used by the ACO at its discretion, ensuring no violation of state or federal data privacy laws and regulations, to the benefit of the public. Article 7 Term and Termination This agreement shall commence when executed by both' parties and shall continue until terminated. This agreement shall terminate immediately upon completion of the PROJECT or upon 30 days written notice to the other party. Notice of Termination shall be made to: City of Andover Anoka Conservation District Attn: City Administrator 16015 Central Ave. NE 1685 Crosstown Blvd. NW Suite 103 Page 2 of 3 Andover, Minnesota 55304 Ham Lake, MN 55304 Article 8 Mutual Indemnification The City and ACD mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. Article 9 Affirmative Action and Equal Employment Opportunities In accordance with the ACD's policy of affirmative action and policy against discrimination, no person shall illegally, on the grounds of race, color, religion, sex, veteran's status, marital status, public assistance status, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied benefits of or be otherwise subjected to discrimination under any program, service or activity hereunder in accordance with the provisions or any and all applicable federal and state laws against discrimination. Article 10 Entire Agreement The entire agreement of the parties is contained herein including attachments "Exhibit A" Open Space Protection Opportunities Mapping and Evaluation Project: Plan of Work. Any alterations, variations, modifications or waivers of the provisions of this agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. FOR THE CITY: FOR THEACD: BY: BY: ITS: ITS: DATE: DATE: BY: BY: ITS: ITS: DATE: DATE: Page 3 of 3 --------- . Memorandum of Understandino Attachment A Open Space Protection Opportunities Mapping and Evaluation Project: Plan of Work A. Description of Work The City of Andover, hereinafter referred to as City, and the Anoka Conservation District, hereinafter referred to as ACO, have entered into an agreement to actively participate in an open space and natural resources planning effort. Under this agreement City and ACD have responsibilities as described in the Memorandum of Understanding. This attachment outlines the timeline for the Open Space Protection Opportunities Mapping and Evaluation Project and associated work, establishes the process by which specific tasks will be incorporated into this work plan, specifies the cost per unit of any services to be rendered, and specifies the resource and personnel commitments, duties, and responsibilities of City and ACD. B. Timeline The timeline shall be as needed to complete the work tasks. C. Resource and Personnel Commitments City shall appoint an official contact for purposes of communication between ACD and the City. ACD shall commit the services of a Natural Resources Planner equivalent as needed to accomplish agreed upon tasks. D. Work Tasks Work tasks shall be as follows: - A) City-wide mapping of natural resource patcheslhigh-quality natural resource areas (completed) - B) Conservation zone assignment and zonal analysis including division othabitat clusters into smaller subsets based on connectivity and barriers such as major roads. Includes zone maps and narrative zone and patch descriptions (24 hours) Upon Completion of the work tasks described above, the Project shall be presented to the City Open Space Advisory Commission for further direction on the completion of the following work tasks: --- - --...------- . - C) City-wide and zonal statistical breakdown, including full statistical breakdowns of patch size, type, rarity, etc. The statistical breakdown shall be supplemented with site/patch ecotype descriptions (16 hours) - D) Site ranking and description, including assistance in development of natural resource patch/candidate site ranking criteria, shall be provided using ecological principles and patch/cluster characteristics to create tiered rankings of individual patches and/or clusters (25 hours) - E) Use land cover characteristics and patch/cluster information to identify potential corridors for creating/maintaining ecological connections across landscape (6 hours) SummarJ Table Est. Total ACD TASK DESCRIPTION Hours Cont. Billable Task A City-wide map of natural resources 6 6 0 Task B Conservation zone Qeneration, mapping, descriptions 24 9 13 Statistical breakdown and analysis + ecotype Task C descriptions 18 0 18 Task D Site/cluster tiers and rankings 25 0 25 Task E Corridor/Hub mappinQ 6 0 6 79 15 62 Additional work tasks to be completed shall be mutually agreed upon by ACD and City. ACD shall invoice for, and City shall be responsible to provide compensation for, only those services rendered for which City provided prior written authorization. Prior written authorization shall include description of task(s) and an authorized number of staff- hours or range of staff-hours. E. Duties and Responsibilities: City shall reimburse ACD for costs of paper, ink, and other supplies used in the production of maps, charts, graphs, and other documents for use or publication by City. ACD agrees not to print maps, charts and graphs for use by City without prior authorization from City. City shall compensate ACO for staff services rendered at the rate of $40.00 per staff- hour. ACD estimates that the number of billable hours required to complete the Project is 62 hours. In the event that the estimated number of hours is reached prior to completion of the Project, ACD shall not proceed further without an amendment to this agreement agreed upon by the ACD and the City that includes an updated description of tasks and an authorized number of staff hours. ACO shall provide detailed accounting for all invoiced expenses and/or charges.