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IV.3. Approval of Cost Share Agreement between Nine Mile Creek Watershed District and the City of Hopkins; Imihy CITY OF HOPKINS City Council Report 2025-077 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: David Baker, Deputy City Clerk Date: May 6, 2025 Subject: Approval of Grant Agreement with Nine Mile Creek Watershed District for Cost Share Funds _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Enter into a Grant Agreement with Nine Mile Creek Watershed District for the Cost Share Grant Program OVERVIEW Nine Mile Creek Watershed District (NMCWD) awards grants to projects that prevent stormwater pollution or those which restore native plant and wildlife habitat. The City of Hopkins has been awarded a $3,155 cost share grant by NMCWD with a 160-hour labor match by Hopkins Park Board members and Public Works staff. The Park Board is hosting a garlic mustard removal event at Shady Oak Pond on May 31st. The grant funds will be used to plant native trees, shrubs, plugs, and seed after the invasive species has been removed from the area. Annual events to maintain the planting area will be led by the Park Board and Public Works staff have agreed to maintain the plantings with watering as needed throughout the first year. SUPPORTING INFORMATION • Cost Share Agreement between Nine Mile Creek Watershed District and the City of Hopkins Administration NMCWD 2025-012 Public Cost Share Agreement 1 NINE MILE CREEK WATERSHED DISTRICT COST SHARE PROGRAM Cost Share Agreement between NINE MILE CREEK WATERSHED DISTRICT and the CITY OF HOPKINS The parties to this cost share agreement are the Nine Mile Creek Watershed District (NMCWD), a public body with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D, and the City of Hopkins (CITY), a body corporate and politic and a HOME RULE CHARTER city of the State of Minnesota. The purpose of this agreement is to provide for contribution by NMCWD to the costs of a Native Habitat Restoration at PID: 2311722410088 and 2311722420055 on property owned by the CITY (the Property). NMCWD has determined the amount of funding that it will contribute to the construction and design of the practices on the basis of the water-quality improvement, public education and demonstration benefits that will be realized. NMCWD commits to reimburse CITY in accordance with the terms and on satisfaction of the conditions of this agreement. 1. Scope of Work CITY will install a Native Habitat Restoration in accordance with the site plan, work plan and budget attached to and incorporated into this agreement as Exhibit A. In the event of conflict or disparity between a term or terms of this agreement and Exhibit A, the language in this agreement will prevail. CITY is responsible for obtaining all required permits and approvals, including a NMCWD permit (if required), and for complying with all laws, including laws requiring location of buried utilities prior to land disturbance. CITY may adjust the plans or design during construction based on field conditions or other adaptive design considerations as will more effectively achieve the Project purposes. CITY will submit to NMCWD at least one report that includes a narrative describing the installation of the Project, a description of and receipts documenting eligible costs incurred including in-kind contributions, a description of any changes made to the Project, as-built drawings of the Project as completed and photographs documenting construction (altogether, Project Report). A final Project Report must be submitted to NMCWD within 60 days of certification of the completion of construction. CITY must maintain a copy of the site plan, design, specifications and other records concerning the Project for six years from the date CITY completes the Project. NMCWD may examine, audit or copy any such records on reasonable notice to CITY. NMCWD 2025-012 Public Cost Share Agreement 2 2. Contractor CITY will select a contractor or contractors for the Project or construct the Project itself, and will ensure construction of the Project in accordance with Exhibit A. In contracting for construction of the Project, CITY will ensure that no person is excluded from full employment rights or participation in or benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public-assistance status or national origin, and that no person protected by applicable federal or state laws, rules or regulations against discrimination is subject to discrimination. 3. Reimbursement Total reimbursement under this agreement will not exceed $3,155.00 or 50 percent of eligible costs, whichever is less. On receipt and approval by NMCWD of paid receipts or invoices documenting costs incurred in the course of construction of the Project, NMCWD will reimburse CITY 50 percent of CITY’s eligible costs to design and construct the Project, up to an in-progress total of . Contributed labor will not be reimbursed, but may apply toward total cost of completion of the Project. Contributed labor will not be reimbursed, but may apply toward total cost of completion of the Project. Expenditures for nonnative plants used in the Project are not eligible for reimbursement. NMCWD has determined that partial performance of obligations under section 1 of this agreement may confer no or limited benefit on NMCWD. As a result: a. NMCWD will withhold 10 percent of any reimbursement until confirmation by NMCWD that the Project is complete, functional, in material conformance with Exhibit A, and a final Project Report has been submitted; and b. if construction, including vegetation establishment where specified, of the Project is not completed in material conformance with the approved plans and specifications by the deadline in section 8 below, subject to delays outside of CITY’s control, NMCWD will not provide reimbursement to CITY under this agreement and may declare this agreement rescinded and no longer of effect. Notwithstanding, the parties will consult before NMCWD denies reimbursement or rescinds the agreement. Further, absent NMCWD’s written concurrence to an extension of a timeframe established in this agreement, NMCWD’s commitment to provide reimbursement will be void after the passage of any deadline for action on the part of CITY’S stated herein. 4. Right of Access CITY will permit NMCWD representatives to enter the Property at reasonable times to inspect the work, ensure compliance with this agreement and monitor or take samples for the purposes of assessing the construction or performance of the Project and compliance with the terms of this agreement. If NMCWD finds that an obligation under this agreement is not being met, it will provide 30 days’ written notice and NMCWD 2025-012 Public Cost Share Agreement 3 opportunity to cure, and thereafter may declare this agreement void. CITY will reimburse NMCWD for all costs incurred in the exercise of this authority, including reasonable engineering, legal and other contract costs. 5. Maintenance and Reporting CITY will maintain the Project in accordance with the Maintenance Plan attached as Exhibit B for a minimum of 5 years from the date construction is complete. If CITY fails to maintain the Project, NMCWD will have a right of reimbursement of all amounts paid to CITY, unless NMCWD determines that the failure to maintain the Project was caused by reasons beyond CITY’s control. CITY will submit a maintenance report to NMCWD on or before December 30 each year for five years from the date of complete execution of the agreement. The maintenance report must be a brief written description of the maintenance activities performed, including dates, locations of inspection, maintenance activities performed and photographs of the Project. 6. Acknowledgment and Publicity Any publicly distributed or displayed printed or electronic documents or other text display regarding the Project must properly acknowledge the funding provided by NMCWD. CITY will cooperate with NMCWD to seek publicity and media coverage of the Project. CITY will permit NMCWD, at NMCWD’s cost and discretion, to place reasonable signage on the Property informing the public about the Project and NMCWD’s Cost Share Program. In communicating to funding or oversight agencies or in public communications about NMCWD programs, NMCWD may cite the Project and its location and may depict the Project in text, photographs or other media. 7. Independent Relationship NMCWD’s role under this agreement is solely to provide funds to support the performance of voluntary work by CITY that furthers the purposes of NMCWD. CITY acts independently and selects the means, method and manner of constructing the Project. CITY is not the agent, representative, employee or contractor of NMCWD. Any right to review or approve a design, work in progress or a constructed facility provided by the agreement to NMCWD is solely for NMCWD’s purpose of accounting for NMCWD funds expended. This agreement is not a joint powers agreement under Minnesota Statutes section 471.59. CITY acts independently and selects the means, method and manner of constructing the Project. Each party agrees that it will be responsible only for its own acts and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. 8. Effective Date; Termination; Survival of Obligations This agreement is effective when fully executed by the parties and expires three years thereafter. NMCWD retains the right to void this agreement if construction of the Project is not completed by 05/01/2027. NMCWD may grant a request to extend the construction-completion period based on CITY’s satisfactory explanation and documentation of the need for an extension. Upon issuance by NMCWD of notice of NMCWD’s determination to void this agreement, CITY will not receive any further reimbursement for work subject to this agreement, unless NMCWD extends the construction-completion period. NMCWD 2025-012 Public Cost Share Agreement 4 All obligations that have come into being before termination, specifically including obligations under paragraphs 3, 4, 5 and 6, and Exhibit B shall survive expiration. 9. Subcontract and Assignment CITY will not assign, subcontract or transfer any obligation, right or interest in this agreement without the written consent of NMCWD. Written consent to any subcontract will not relieve CITY of responsibility to perform under this agreement. 10. Indemnification Subject to the limitations and immunities of MN Statute Chapter 466, CITY will defend NMCWD, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature arising from; and hold each such party harmless, and indemnify it, to the extent due to: (a) CITY’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or (b) a subcontractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by CITY to NMCWD. 11. Remedies; Immunities Only contractual remedies are available for a party’s failure to fulfill the terms of this agreement. Notwithstanding any other term of this agreement, NMCWD and CITY waive no immunities in tort. No action or inaction of a party under this agreement creates a duty of care for the benefit of any third party and this agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. 12. Compliance With Laws CITY is responsible to secure all permits and comply with all other legal requirements applicable to the construction and maintenance of the Project. 13. Notices Any written communication required under this agreement shall be addressed to the other party as follows: To NMCWD: Administrator Nine Mile Creek Watershed District 12800 Gerard Drive Eden Prairie, MN 55346 CITY: David Baker, or Their successor City of Hopkins NMCWD 2025-012 Public Cost Share Agreement 5 1010 1st Street South Hopkins, MN 55343 14. Waiver NMCWD’s failure to insist on the performance of any obligation under this agreement does not waive its right in the future to insist on strict performance of that or any other obligation. Notwithstanding any other term of this agreement, NMCWD waives no immunities in tort. This agreement creates no rights in and waives no immunities with respect to any third party. 15. Venue and Jurisdiction The agreement will be construed under and governed by the laws of the State of Minnesota. Venue and jurisdiction for any legal action hereunder will be Hennepin County, Minnesota. [Signature page follows.] NMCWD 2025-012 Public Cost Share Agreement 6 Intending to be bound, the parties hereto execute and deliver this agreement. CITY OF HOPKINS By Dated: Patrick Hanlon, its Mayor NINE MILE CREEK WATERSHED DISTRICT By Date: Erica Sniegowski, its Administrator Exhibit A SITE PLAN/WORK PLAN/BUDGET Contact Info Applicant First name: David Last Name: Baker Organization: City of Hopkins Title: Deputy City Clerk Mailing Address: 1010 1st St S City: Hopkins State: MN Zip: 55343 Phone: 952-548-6366 Email: dbaker@hopkinsmn.com Project location Project Address: PID: 2311722410088 and 2311722420055 City Name: Hopkins Project Zip: 55343 Project Details Project Name: Shady Oak Pond Habitat Restoration Project Type: City Proposed Work: Hopkins' park board is leading a volunteer event this spring to pull garlic mustard around Shady Oak pond. This is a site that the park board has been working to remove invasive species from for several years. Originally the pond was completely surrounded by buckthorn, the city's park board has led a series of buckthorn busts to remove most of the buckthorn and as is common with buckthorn removal sites, garlic mustard has come up in full force. This will be the second year that the park board leads a garlic mustard pull in collaboration with a couple of residents that are Master Naturalists. Ideally, when the invasive species are being removed, there should be native plantings put in place to help combat invasive resprouts. This application is to help support the effort by funding native trees, shrubs, plugs, and seed that volunteers can install post garlic mustard pull. Several native species have been hand selected by the local Master Naturalists. They have good knowledge of what species tend to do well in a slightly shaded, wooded area and have experience of what forbs (ostrich fern and wild ginger) don't tend to be browsed by the large rabbit population in Hopkins. One thing to note about this project site is that it is on the boundary of the Nine Mile Creek Watershed District's legal boundary. All plants that we are asking for funding for would be planted within NMCWD's boundary. Is this project next to a waterbody?: Yes Waterbody Name: Shady Oak Pond Provide a project timeline with the major activities of your project: Garlic mustard pull will take place mid May 2025. If we secure funding for native plants, a planting event will go in tandem with the garlic mustard pull or follow with another volunteer event shortly after the garlic mustard pull. Project Type Native Habitat Restoration of Native Planting Are there any invasive species and/or non-native species in the area to be restored? If yes, what are they and how will you remove them from the restoration area to prepare for planting? Yes, buckthorn will be hand cut and stump treated with herbicide, if small enough resprouts will be pulled and bagged. Garlic mustard will be pulled and bagged. Motherwort is also on site and will be treated with herbicide. What is the size of your project area? Please provide units in your answer (square ft or acres 13,738 sq ft Financial Item Description/task Requested funds ($) Monetary Match ($) Labor Match (hrs) .25 acre MNL Woodland seed mix $1,095 Volunteer garlic mustard and buckthorn removal 100 Supplemental native forbs—ostrich fern (36) and wild ginger (36) $200 .25 acre buckthorn replacement seed mix $310 Native trees—5 ironwood and 5 black cherry $200 Native shrubs—bush honeysuckle, common ninebark, red osier $1,000 dogwood, black chokeberry Fencing and guards for animal protection $350 Public works plant establishment 5 Volunteer management 5 Volunteer seeding, planting, and fencing 50 Total $3,155 $0 $3,200 Education How will you share the results of your project and inform others about your project’s benefits?: This will be a volunteer event led by the Hopkins' Park Board. Neighboring residents will be engaged to participate in the invasive species removal and planting. The event will be advertised in the Hopkins Highlights, Hopkins connections, and city website. At the event, park board members and a resident Master Naturalist will explain the negative impacts of invasive species in our habitat and teach how to properly remove them. There are very few natural areas left in Hopkins so taking care of the few spaces we have left is very important. Shady Oak pond has the potential to be a habitat haven for the area. May we share your project with the community on our website, social and other media?: Yes Could we highlight your project on a tour or training event with prior notice and agreement?: Yes Maintenance I agree to maintain this project for ten years following installation: x I will submit a brief yearly report to the Nine Mile Creek Watershed District during the maintenance period: Yes Explain how the project will be maintained during the maintenance agreement period and identify who will perform the maintenance: The area will be maintained with a yearly invasive species volunteer event led by the Hopkins Park Board. In the first year of establishment, Hopkins public work staff have volunteered to water the new plantings as needed. All trees and shrubs will be caged to protect from browse. The park board recognizes that there will always be maintenance with a project like this. Continual work is needed to make sure invasive species are kept at bay and the native plantings are able to take over the space. Review and Submit I hereby apply for NMCWD cost-share assistance with the proposed activities described in this form and have submitted supporting information necessary for NMCWD to determine whether to provide cost-share funding. The information submitted and statements made concerning this application are true and correct to the best of my knowledge. I understand that any activities undertaken prior to complete execution of a cost-share agreement with NMCWD will not be eligible for reimbursement. I further represent that I possess the authority and necessary property-use rights to undertake the proposed activities or I am acting as the duly authorized agent of the property owner. By submitting this application, I authorize NMCWD and its agents, employees, and contractors to enter the property that is the site of the proposed activities to perform inspections of the site and activities occurring thereon: x Exhibit B Maintenance Plan Native Habitat Restoration. Native habitat restoration described in the site plan and design plans and specifications attached as Exhibit A to the agreement must be maintained as follows: a. The restoration area will be inspected at least annually for any erosion problems. Any erosion problems observed will be corrected within 30 days of inspection to establish and maintain an ecologically healthy restoration that is stable and resistant to erosion. b. The native restoration will be maintained free from vegetative disturbance, except as outlined in the maintenance plan. No fertilizer application, yard or other waste disposal, placement of structures, or any other alteration that impedes the function of the restoration shall occur. c. Invasive species and weeds in the native restoration will be controlled by an appropriate method. Appropriate methods may include herbicide spot treatment or broadcast spray, controlled burn, hand weeding, and/or mowing. d. Plantings will be replaced and seeded areas will be reseeded as necessary to maintain the ecological health and function of the native restoration. Reporting. Property owner will submit a maintenance report to NMCWD on or before December 30 each year for five years from the date of complete execution the agreement to which this plan is attached. The maintenance report must be a brief written description of what maintenance was performed, when it was completed, any other inspections that took place and photographs of the Project. Report templates are found on the Nine Mile Creek Watershed District’s website.