Loading...
Item 3.8 Grant Agreement Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks and Recreation Parks and Recreation Director Jacobs October 27, 2025 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.8 – Grant Agreement STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff are recommending City Council accept a Grant from Wright County. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Wright County notified City staff of the Wright County Aggregate Tax Grant which is used to preserve and enhance conservation projects throughout the County. City staff determined the project that matched the criteria for the grant was the work to be done at Highlands of River Pointe Park in partnership with Friends of the Mississippi River (F.M.R). Staff collaborated with F.M.R on the grant application and submitted the application in July. On October 1, 2025, City staff received noticed the grant application was successful in the requested amount of $25,000. This will be used for the first phase of restoration that is guided by the Highlands of River Pointe Park Natural Recourses Management Plan which was adopted by the Otsego Parks and Recreation Commission in April of 2025. The first phase of the project work will convert 31 acres of degraded grassland and basins to diverse native prairie and wetland vegetation, improving the site’s ability to filter and store water, providing habitat for pollinators, birds, and other wildlife, and provide improved access and aesthetic beauty for park users. Work will include the removal of woody encroachment, site preparation, seeding, establishment mowing, and a prescribed burn of the upland areas. First phase will be followed by enhancement of 22 acres of forest through invasive plant removal, vegetative erosion control, and native plug and tree planting to enhance resilience and climate adaptation. F.M.R is in the process of securing the total funding amount needed to complete the restoration of Highlands of River Pointe thus far F.M.R. has secured $186,680 of the $302,526 total. City staff have agreed to help this process by providing forestry mowing. The City has a skid steer and forestry mower in its current fleet. Project work will begin in fall 2025 and restoration work will begin July 1, 2026. This project aligns with the City of Otsego’s strategic vison of having a distinctive, connected community known for its beauty and natural surroundings as well as the Parks and Recreation System Master Plan guiding principal of Natural Area Preservation. SUPPORTING DOCUMENTS ATTACHED: • Wright County Aggregate Tax Fund Grant Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to accept the Aggregate Tax Fund Grant from Wright County Health and Human Services in the amount of $25,000.00 for improvements at Highlands of River Pointe Park. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A AGREEMENT BETWEEN WRIGHT COUNTY AND THE CITY OF OTSEGO THIS Grant Agreement, and amendments and supplements thereto, is between Wright County (hereinafter "COUNTY") and the City of Otsego, a local unit of Government (hereinafter "GRANTEE"). WHEREAS, Under Minnesota Statute 298.75 Aggregate Material Removal, Production Tax provides a special reserve fund is hereby established for expenditure for the restoration of abandoned pits, quarries, or deposits located within the county. If there are no abandoned pits, quarries, or deposits located within Wright County, this special reserve fund shall be used for any other unmet reclamation needs, conservation projects, or other environmental needs. WHEREAS, an application has been submitted to the COUNTY for a portion of the funds needed to convert degraded grassland and basins and enhance and restore forest within Highlands of Riverpointe park. WHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed: 1. GRANTEE'S DUTIES: The GRANTEE shall convert 31 acres of degraded grassland and basins to diverse native prairie and wetland vegetation followed by enhancement of 22 acres of forest through invasive plant removal and native plug and tree planting located within Highlands of Riverpointe park, as detailed in the application and consistent with protecting and improving its natural habitat and open space values (hereinafter “the project”). Said project and the requirements are more fully described in Exhibit A, which is incorporated by reference and made a part of this Agreement, The GRANTEE agrees to complete the project in accordance with the approved budget to the extent practicable and within the project period specified in the Agreement. Any material change in the scope of the project, budget or completion date shall require prior written approval by the COUNTY. 2. CONSIDERATION AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by GRANTEE pursuant to this grant Agreement shall be paid by the COUNTY as follows: 1. REIMBURSEMENT: Reimbursement of an amount not to exceed $25,000 will be payable to GRANTEE as set out in Attachment A. 2. THE TOTAL COUNTY OBLIGATION FOR ALL COMPENSATION AND REIMBURSEMENTS TO THE GRANTEE SHALL NOT EXCEED $25,000. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this Agreement, it is understood that any reduction or termination of funds received by the COUNTY may result in a like reduction to the GRANTEE. Wright County Aggregate Tax Fund Grant Agreement Where provisions of the GRANTEE'S project nomination are inconsistent with other provisions of the Agreement, the other provisions of this Agreement shall take precedence over the provisions of the project nomination. B. PAYMENT/DISBURSEMENT SCHEDULE: The COUNTY shall disburse funds to the GRANTEE pursuant to this Agreement on a reimbursement basis, based upon a payment request and required expenditure documentation submitted by the GRANTEE and reviewed and approved by the COUNTY. The GRANTEE shall be limited to no more than four payment requests during the period covered by this Agreement. The GRANTEE shall submit a final billing within 30 days of the end of the project period. C. GENERAL CONDITIONS 1. The GRANTEE acknowledges that these funds are proceeds from Wright County, Aggregate Material Removal Production Tax Fund (hereinafter the “Aggregate Fund”), subject to certain legal restrictions and requirements, including Wright County Ordinance Chapter 111. The GRANTEE is responsible for compliance with this, and all other relevant laws and regulations promulgated pursuant thereto governing the proceeds of the Aggregate Fund in the fulfillment of the project. 2. All services provided by the Grantee pursuant to this Agreement shall be performed to the satisfaction of the County, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee shall not receive payment for work found by the County to be unsatisfactory or performed in violation of federal, state or local law, ordinance, rule or regulation. 3. The GRANTEE agrees to maintain and keep in place restorations, reclamations, and conservation practices funded through the Aggregate Tax Fund for a period of 10 years. In the event that this contract is breached, the Grantee must reimburse the county. 3. EFFECTIVE DATES: This GRANTEE shall perform the activities outlined in the approved project scope during the period from the date this agreement is fully executed and shall remain in effect until October 31, 2027, or until all obligations set forth in this Grant Agreement have been satisfactorily fulfilled, whichever occurs first. 4. CANCELLATION: This Grant Agreement may be canceled by the COUNTY or GRANTEE at any time, with cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled to reimbursement for expenses incurred or work or services satisfactorily performed to the date notification of cancellation was received. The COUNTY may cancel this Grant Agreement immediately if the COUNTY finds that there has been a failure to comply with the provisions of this Grant Agreement or that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled. The COUNTY may take action to protect the interests of Wright County, including the refusal to disburse additional funds and require the return of all or part of the funds already disbursed. 5. AUTHORIZED REPRESENTATIVES: The County Authorized Representative for the purposes of administration of this Grant Agreement is Lindsey Meyer, Finance Director, 3650 Braddock Avenue NE, Buffalo, MN 55313; lindsey.meyer@co.wright.mn.us. Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to clause II, paragraph B. The GRANTEE'S Authorized Representative for purposes of administration of this Grant Agreement is NAME, TITLE, ADDRESS AND EMAIL. The GRANTEE'S Authorized Representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this Grant Agreement. 6. ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the COUNTY. 7. AMENDMENTS: Any amendments to this Agreement shall require prior written approval by the COUNTY. Any such amendments to this Grant Agreement shall be in writing and shall be executed by the same parties who executed the original Grant Agreement or their successors in office. 8. LIABILITY: GRANTEE shall indemnify, save, and hold the COUNTY, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the COUNTY, arising from the performance of this Grant Agreement by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the COUNTY'S failure to fulfill its obligations pursuant to this Grant Agreement. 9. AUDITS: The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this Grant Agreement shall be subject to examination by the COUNTY for a minimum of six years from the end of this Grant Agreement. 10. GOVERNMENT DATA PRACTICES ACT: (if applicable) The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the COUNTY in accordance with this Agreement, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the GRANTEE or the COUNTY. In the event the GRANTEE receives a request to release the data referred to in this Article, the GRANTEE must immediately notify the COUNTY. The COUNTY will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. 12. PUBLICITY/ACKNOWLEDGMENT/SIGNAGE: GRANTEE agrees to acknowledge the County’s Aggregate Fund’s financial support for this project. Any statement, press release, bid, solicitation, or other document issued describing the project shall provide information on the amount and proportion of Aggregate Fund money supporting the total cost of the project and will contain language substantially similar to: The Wright County Aggregate Tax provided funding for this project. 13. WORKERS' COMPENSATION: GRANTEE shall provide acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minn. Stat. §176.181, subd. 2. 14. ANTITRUST: GRANTEE hereby assigns to the County of Wright any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 15. PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) Prime contractors GRANTEE IS required to pay subcontractors pursuant to Minn. Stat. ' 16A.1245. 16. JURISDICTION AND VENUE: This Grant Agreement and executed amendments thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Grant Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Wright County, Minnesota. 17. REPORTING REQUIREMENTS: The GRANTEE shall submit status reports to the COUNTY by the end of December of each year and a final report at the end of the Grant period prior to receiving final reimbursement. 18. RESOURCE MANAGEMENT AND PROTECTION: The GRANTEE shall protect, manage and maintain, or cause to maintain, the property pursuant to this Agreement. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. Failure to adequately manage, maintain and properly protect the resources and property assisted through this agreement may result in the withholding by the COUNTY of any current or future payments to the GRANTEE related to this or any future projects related to the Aggregate Fund. If it is appropriate, given the project plan and purpose, to grant public access to the land, the GRANTEE shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. 19. AMERICANS WITH DISABILITIES ACT: Nonstructural facilities, such as trails, should be designed using guidelines in the Recommendations for Accessibility Guidelines: Recreational Facilities and Outdoor Developed Areas. 20. NATIVE PLANT SPECIES: Vegetation planted must be native to Minnesota and of the local ecotype unless the work program approved by the COUNTY expressly allows the planting of species that are not native to Minnesota or of local ecotype. 21. INSPECTIONS: The COUNTY'S authorized representatives shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this Agreement, including a final inspection upon project completion. Following the closure of the project, the COUNTY'S authorized representatives shall be allowed to conduct post - completion inspections of the site to ensure that the site is properly operated and maintained and that no conversion of use has occurred for a period of 15 years after completion. 22. OTHER PROVISIONS: A copy of this agreement and all incorporated elements shall be permanently maintained on file by the GRANTEE. 23. AGREEMENT EXECUTION IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, intending to be bound thereby. ORGANIZATION NAME: By: Title: Date: COUNTY OF WRIGHT By: Title: Date: EXHIT A WORK PLAN, BUDGET, AND DOCUMENTATION Grantee: CITY OF OTSEGO Project Name: Native Prairie Restoration and Forest Enhancement Highlands of Riverpointe park Grant Amount: $25,000 *Please note: Grant awards are limited to a maximum of 80% of the total project cost. Project: Identified in EXHIBIT B. Personnel/Project Management $38,716.00 Restoration contracts $238,580.00 (Phases 1 & 2) Travel (in-state) $2,880.00 Other Equipment/Tools $500.00 Native seed/plant material $21,850 Total $302,526 Project Location: SECT-01-TWP-120 RANGE-023 HIGHLANDS OF RIVER POINTE 2ND OUTLOT A PID: 118320000010 EXHBIT B – Project Location