Item 3.11 Authorize a Grant Contract Agreement EAB
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Parks and Recreation Parks and Recreation Director Jacobs November 10, 2025
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty 3.11 – 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 recommend the City Council adopt a resolution authorizing a grant contract agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
In 2022, the City of Otsego applied for a $43,334.33 Protect Community Forests by Managing Ash for EAB Grant from
the Minnesota Department of Natural Resources (MN DNR). To distribute funds statewide, the MN DNR initially
awarded Otsego $25,000.
Staff successfully completed the original grant agreement in July 2025. With funds remaining statewide and given
Otsego’s strong track record in grant management, the MN DNR invited the City to enter a new agreement for the
original requested amount. The remaining balance is $18,334.33.
Staff prepared a new project proposal and budget, which the MN DNR reviewed and approved. Pending City Council
approval, staff will remove the remaining ash trees affected by emerald ash borer (EAB) and replant at a 1:1 ratio.
Staff recommend entering into this agreement to advance preservation and restoration of Otsego’s urban tree
canopy.
This project supports the City’s strategic vision of a distinctive, connected community known for its beauty and
natural surroundings, as well as the Parks and Recreation System Master Plan’s guiding principle of Natural Area
Preservation.
SUPPORTING DOCUMENTS ATTACHED:
• Grant Contract Agreement
• Resolution 2025-59
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt resolution 2025-59 Authorizing a Grant Contract Agreement between the Minnesota Department of
Natural Resources and the City of Otsego in the amount of $18,334.33 for EAB management and restoration.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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STATE OF MINNESOTA
GRANT CONTRACT AGREEMENT
Swift Contract Number: 278663
This Grant Contract Agreement is between the State of Minnesota, acting through its Department of Natural Resources,
Division of Forestry, 500 Lafayette Road, St. Paul, MN 55155 ("State") and City of Otsego, 13400 90th St. NE, Otsego MN,
55330 ("Grantee").
Recitals
Under Minnesota Statutes §84.026, §84.085, Subd. 1, and Minnesota Session Law 2025, 1st Special Session, Chapter 1,
Article 2, Subdivision 17A(3) the State is empowered to enter into this Grant Contract Agreement. The State is in need of
Urban and Community Forestry Services. The Grantee represents that it is duly qualified and agrees to perform all
services described in this Grant Contract Agreement to the satisfaction of the State.
Grant Contract Agreement
1 Term of Grant Contract Agreement
1.1 Effective Date. November 12, 2025, or the date the State obtains all required signatures, whichever is later.
Per Minnesota Statutes § 16B.98, Subd. 5, the Grantee must not begin work until this Grant Contract
Agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may
commence.
Per Minnesota Statutes § 16B.98 Subd. 7, no payments will be made to the Grantee until this Grant Contract
Agreement is fully executed.
1.2 Expiration Date.
A. June 30, 2026, or, in the event this Grant Contract Agreement is continued by way of amendment or new
agreement, the date the amendment or new agreement is fully executed, whichever is later. In the event an
amendment or new agreement is not fully executed within 60 calendar days of the stated expiration date, this
grant agreement will expire on August 30, 2026.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract
Agreement: Liability; State Audits; Government Data Practices and Intellectual Property; Publicity and
Endorsement; Governing Law, Jurisdiction, and Venue; Data Disclosure; Monitoring.
2 Specifications, Duties, and Scope of Work
• The parties will perform the services outlined in Exhibit A: Specifications, Duties, and Scope of Work.
• The Grantee will comply with the required grants management policies and procedures set forth through Minn.
Stat. §16B.97, subd 4 (a)(1), and M.L. 2025, First Special Session, Chapter 1
• The Grantee agrees to complete the program in accordance with the approved budget to the extent practicable
and within the program period specified in the grant contract agreement. Any material change in the grant
contract agreement shall require an amendment by the State (see Section 9.2).
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• The grantee shall be responsible for the administration supervision, management, record keeping, and program
oversight required for the work performed under this agreement. · The Grantee is responsible for maintaining
an adequate conflict of interest policy. Throughout the term of this agreement, the Grantee shall monitor and
report any actual, potential, or perceived conflicts of interest to the State's Authorized Representative. The
Grantee must sign and return Attachment C, Conflict of Interest Disclosure, when countersigning this
agreement.
3 Time
The Grantee must comply with all the time requirements described in this Grant Contract Agreement. In the
performance of this Grant Contract Agreement, time is of the essence and failure to meet a deadline date may
be a basis for a determination by the State’s Authorized Representative that the Grantee has not complied with
the terms of the Grant Contract Agreement. The Grantee is required to perform all the duties cited within clause
two “Specifications, Duties, and Scope of Work” within the grant period. The State is not obligated to extend the
grant period.
4 Consideration and Terms of Payment
The consideration for all services performed by the Grantee pursuant to this Grant Contract Agreement shall be
paid by the State as follows:
4.1 Compensation. The total obligation of the State under this Grant Contract Agreement, including all
compensation and reimbursements, is not to exceed $18,334.33, Eighteen Thousand, Three Hundred Thirty-
Four Dollars and Thirty-Three Cents, which shall be paid in accordance with the terms outlined in Exhibit A,
which is attached and incorporated into this Grant Contract Agreement.
4.2 Administrative Costs. Grantee administrative costs must be necessary and reasonable.
4.3 Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the
Grantee because of this Grant Contract Agreement will not exceed $zero. 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.
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 Minnesota
Management and Budget.
4.4 Invoices. Payments shall be made by the State after the Grantee’s presentation of invoices for services
satisfactorily performed and the written acceptance of such services by the State’s Authorized Representative.
Invoices shall be submitted timely, with additional details as requested by the State, and according to the
following schedule: On December 15, 2025, and on June 30, 2026.
4.5 Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been
accounted for in a financial report to the State.
5 Conditions of Payment
All services provided by the Grantee under this Grant Contract 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
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payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local
law.
6 Contracting and Bidding Requirements
The Grantee is required to comply with Minnesota Statutes § 471.345, Uniform Municipal Contracting Law.
6.1 The Grantee and any subrecipients must comply with prevailing wage rules per Minnesota Statutes §§ 177.41
through 177.50, as applicable.
6.2 The Grantee and any subrecipients must not contract with vendors who are suspended or debarred by the
State of Minnesota or the federal government: Suspended and Debarred Vendors, Minnesota Office of State
Procurement.
6.3 The Grantee must maintain written standards of conduct covering conflicts of interest and governing the
actions of its employees engaged in the selection, award and administration of contracts.
7 Authorized Representatives
7.1 The State’s Authorized Representative is Rachel Morice, Urban & Community Forest Project Specialist, 500
Lafayette Road, St. Paul MN 55155, 612-716-2922, Rachel.morice@state.mn.us, or their successor, and has the
responsibility to monitor the Grantee’s performance and the authority to accept the services provided under
this Grant Contract Agreement. If the services are satisfactory, the State’s Authorized Representative will certify
acceptance on each invoice submitted for payment.
7.2 The Grantee’s Authorized Representative is Nick Jacobs, Parks and Recreation Director 13400 90th Street NE,
Otsego, MN 55330, njacobs@otsegomn.gov, 763-235-3155 , or their successor. If the Grantee’s Authorized
Representative changes at any time during this Grant Contract Agreement, the Grantee must immediately
notify the state.
7.3 The Grantee must clearly post on the Grantee’s website the names of, and contact information for, the
Grantee’s leadership and the employee or other person who directly manages and oversees this Grant Contract
Agreement on behalf of the Grantee.
8 Assignment, Amendments, Waiver, and Contract Complete
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Contract
Agreement without the prior consent of the State and a fully executed agreement, executed and approved by
the authorized parties or their successors.
8.2 Amendments. Any amendment to this Grant Contract 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
Contract Agreement or their successors.
8.3 Waiver. If the State fails to enforce any provision of this Grant Contract Agreement, that failure does not waive
the provision or its right to enforce it.
8.4 Contract Complete. This Grant Contract Agreement contains all negotiations and agreements between the
State and the Grantee. No other understanding regarding this Grant Contract Agreement, whether written or
oral, may be used to bind either party.
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9 Subcontracting and Subcontract Payment
9.1 A subrecipient is a person or entity that has been awarded a portion of the work authorized by this Grant
Contract Agreement by Grantee. The Grantee must document any subaward through a formal legal agreement.
The Grantee must provide timely notice to the State of any subrecipient(s) prior to the subrecipient(s)
performing work under this Grant Contract Agreement.
9.2 The Grantee must monitor the activities of the subrecipient(s) to ensure the subaward is used for authorized
purposes; is in compliance with the terms and conditions of the subaward, Minnesota Statutes § 16B.97, Subd.4
(a) (1) and other relevant statutes and regulations; and that subaward performance goals are achieved.
9.3 During this Grant Contract Agreement, if a subrecipient is determined to be performing unsatisfactorily by the
State’s Authorized Representative, the Grantee will receive written notification that the subrecipient can no
longer be used for this Grant Contract Agreement.
9.4 No subagreement shall serve to terminate or in any way affect the primary legal responsibility of the Grantee
for timely and satisfactory performances of the obligations contemplated by the Grant Contract Agreement.
9.5 The Grantee must pay any subrecipient in accordance with Minnesota Statutes § 16A.1245.
9.6 The Grantee and any subrecipients must not contract with vendors who are suspended or debarred by the
State of Minnesota or the federal government.
10 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 performance of this Grant Contract
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 Contract
Agreement.
11 State Audits
Under Minnesota Statutes § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting
procedures and practices relevant to this Grant Contract Agreement are subject to examination by the
Commissioner of Administration, the State granting agency, the State Auditor, the Attorney General, and the
Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Grant
Contract Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State
and program retention requirements, whichever is later.
12 Government Data Practices and Intellectual Property Rights
12.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 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 Minnesota Statutes § 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. The Grantee’s response to the request shall comply with applicable law.
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A. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property
rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and
Documents created and paid for under this grant contract agreement. Works means all inventions,
improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes,
studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived,
reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either
individually or jointly with others in the performance of this grant contract agreement. Works includes
“Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors,
in the performance of this grant contract agreement. The Documents will be the exclusive property of the
State, and all such Documents must be immediately returned to the State by the Grantee upon completion
or cancellation of this grant contract agreement. To the extent possible, those Works eligible for copyright
protection under the United States Copyright Act will be deemed to be “works made for hire.” The Grantee
assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee
must, at the request of the State, execute all papers and perform all other acts necessary to transfer or
record the State’s ownership interest in the Works and Documents.
The federal awarding agency may receive royalty-free, non-exclusive and an irrevocable right to reproduce,
publish, or otherwise use the work for Federal purposes, and to authorize others to do so as noted in 2 CFR
200.315.
B. Obligations.
i. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made
or conceived for the first time or actually or constructively reduced to practice by the Grantee, including
its employees and subcontractors, in the performance of this contract, the Grantee will immediately
give the State’s Authorized Representative written notice thereof, and must promptly furnish the
Authorized Representative with complete information and/or disclosure thereon.
ii. Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all
intellectual property rights in the Works and Documents are the sole property of the State, and that
neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and
Documents. The Grantee represents and warrants that the Works and Documents do not and will not
infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 9, the
Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the
State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it
is based on a claim that all or part of the Works or Documents infringe upon the intellectual property
rights of others. The Grantee will be responsible for payment of any and all such claims, demands,
obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or
action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s
discretion, either procure for the State the right or license to use the intellectual property rights at issue
or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to
obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other
remedies provided by law.
13 Workers Compensation
The Grantee certifies that it is in compliance with Minnesota Statutes § 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
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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.
14 Governing Law, Jurisdiction, Venue
Venue for all legal proceedings out of this Grant Contract 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 the State.
A. Without Cause.
The State may terminate this Grant Contract Agreement 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.
B. With Cause.
The State may immediately terminate this Grant Contract Agreement if the State finds that there has been a
failure to comply with the provisions of this grant contract, 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 State may take
action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
requiring the return of all or part of the funds already disbursed.
15.2 Termination by the Commissioner of Administration.
The Commissioner of Administration may immediately and unilaterally terminate this Grant Contract
Agreement if further performance under the agreement would not serve agency purposes or performance
under the Grant Contract Agreement is not in the best interest of the State.
15.3 Termination for Insufficient Funding.
The State may immediately terminate this Grant Contract Agreement if it does not obtain funding from the
Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow
for the payment of the services addressed within this Grant Contract Agreement. Termination must be by
written notice to the Grantee. The State is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata
basis, for services satisfactorily performed to the extent that dedicated funds are available.
In the event of temporary lack of funding or appropriation, the State may pause its obligations under this Grant
Contract Agreement without terminating it. This pause will be for the duration of the lack of funding or
appropriation and shall not be considered a termination of the Grant Contract Agreement. The Grantee will be
notified in writing of the temporary pause, and the Grantee’s ability to provide services may be temporarily
suspended during this period. The State will provide reasonable notice to the Grantee of the lack of funding or
appropriation and shall notify the Grantee once funding is restored or appropriated, at which point the
provision of services under the Grant Contract Agreement may resume.
The State will not be assessed any penalty if the Grant Contract Agreement is terminated due to insufficient
funding. The State must provide the Grantee notice of the lack of funding within a reasonable time of the
State’s receiving notice.
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16 Publicity and Endorsement
16.1 Publicity. Any publicity pertaining to the services resulting from this Grant Contract Agreement shall identify
the State as the sponsoring agency. Publicity includes, but is not limited to: websites, social media platforms,
notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared
by or for the Grantee or its employees individually or jointly with others or any subcontractors. All projects
primarily funded by state grant appropriations must publicly credit the State, including on the grantee’s
website, when practicable.
16.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
16.3 Signage. Any site funded by this grant contract shall display a sign at a prominent location at the entrance to
the site and in a form approved by the State that acknowledges funding through this grant.
17 Data Disclosure
Under Minnesota Statutes § 270C.65, Subd. 3, 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.
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18 Use of Funds as Match to Other Grants or Programs. The Grantee must inform the State’s Authorized
Representative whenever the grant funds will be used as match or for reimbursement for any other grant or
program.
18.1 The Grantee must inform the State’s Authorized Representative or their grant specialist of the following
information: grant program, grant name, the amount of grant or match funds to be used, location where funds
were or will be used, activity the funds will support, and current landowner (if applicable).
18.2 The Grantee must also inform the State’s Authorized Representative before work begins if the new
grant or program will add any encumbrances to state land where grant or match funds will be spent.
19 Americans With Disabilities Act. The Grantee must comply with the 2010 American Disabilities Act Standards for
Accessible Design.
20 Non-Discrimination Requirements. No person in the United States must, on the ground of race, color, national
origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under, any program or activity receiving Federal financial assistance. Including but not limited to:
20.1 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations
published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under
programs or activities receiving Federal financial assistance; Title IX of the Education Amendments of 1972 (20
U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education
programs or activities.
20.2 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing
regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any
program or activity receiving or benefiting from Federal assistance.
20.3 The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC implementing
regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities
receiving Federal financial assistance.
20.4 Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against
qualified individuals with disabilities in services, programs, and activities of public entities.
20.5 Any other applicable non-discrimination law(s).
21 Reporting Requirements
The Grantee is bound to reporting requirements in Minn. Stat. §116P, M.L. 2025, First Special Session, Chapter 1,
Attachment A, as well as Attachments D, E and F (if applicable).
For non ENRTF: "Provide a progress report to the State’s Authorized Representative in a format provided by the
State with the final invoice. The report will describe (insert appropriate information to meet policy requirements)"
22 Invasive Species Prevention.
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Grantees must follow Minnesota DNR’s Operational Order 113, which requires preventing or limiting the
introduction, establishment and spread of invasive species during activities on public waters and DNR-
administered lands. This applies to all activities performed on all lands under this grant contract agreement and
is not limited to lands under DNR control or public waters. Duties are listed under Sections II and III (p. 5-8) of
Operational Order 113 which may be found here: Link to Operational Order 113
(http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf)
23 Pollinator Best Management Practices.
Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on
any lands using state funds are subject to pollinator best management practices and habitat restoration
guidelines pursuant to Minnesota Statutes, section 84.973. Practices and guidelines ensure an appropriate
diversity of native species to provide habitat for pollinators through the growing season. Current specific
practices and guidelines to be followed for contract and grant work can be found here: Link to Specific Pollinator
Best Management Practices for DNR Grants and Contracts
(http://files.dnr.state.mn.us/natural_resources/npc/bmp_contract_language.pdf).
24 Monitoring.
The state shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in
accordance with this grant agreement, including a final inspection upon program completion. At least one
monitoring visit per grant period on all state grants of over $50,000 will be conducted and at least annual
monitoring visits on grants of over $250,000.
Following closure of the program, the State’s authorized representatives shall be allowed to conduct post-
completion inspections of the site to ensure that the site is being properly operated and maintained, and that no
conversion of use has occurred.
25 Minnesota Historical Sites Act and Minnesota Field Archaeology Act
For projects involving land acquisition and/or construction, the State Historic Preservation Office must review
the project to determine if the site is a potential location for historical or archeological findings. If the State
Historic Preservation Office determines that a survey is required, the survey would need to be completed,
review and approved prior to any site disturbance for development projects and prior to the final
reimbursement of the grant funds for acquisition projects.
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Exhibits
The following Exhibits are attached and incorporated into this Grant Contract Agreement. In the event of a conflict
between the terms of this Grant Contract Agreement and its Exhibits, or between Exhibits, the order of precedence is
first the Grant Contract Agreement, and then in the following order:
Exhibit A: Specifications, Duties, and Scope of Work
Exhibit B: Budget
Exhibit C: 3 Year Tree Maintenance Plan
Exhibit D: Conflict of Interest
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Grant Contract Agreement Signature Page
State Encumbrance Verification
Individual certifies that funds have been encumbered as
required by Minnesota Statutes §§ 16A.15
Print Name: ___________________________________
Signature: _____________________________________
Title: Date: _______________
SWIFT Contract No. 278663 / 3-288426 _____________
Grantee
With delegated authority
Print Name: ___________________________________
Signature: _____________________________________
Title: Date: _______________
State Agency
With delegated authority
Print Name: ___________________________________
Signature: _____________________________________
Title: Date: ______________
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Donna Edelman
October 28, 2025Contracts/Grants Spec
Jacobs, Nick
Exhibit A: Grant Project Deliverables
2022 Protect Community Forests Grants City of Otsego Deliverables
Grant Sum Total: $18,334.33
Grant Contact Deliverables
• Adopting an EAB management plan through this grant process if the community does not yet
have one in place
• Each ash tree removed must be replaced with a newly planted tree
• Grantee must be willing to participate in work by the Minnesota Department of Agriculture and
University of Minnesota to evaluate project impacts
Regardless of requests for reimbursement, a written update must be submitted by each reporting
deadline, to insure project is moving forward and on track to completion. Add written reports below
corresponding to each reporting date:
December 15, 2025 Update:
June 30, 2026 Update:
As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting
(i.e. 12/15/22) and change the font color of your update to red, to show where information has been
added. Continually add to this document over the lifetime of your grant, making sure that all bullet
points are addressed by the time of the grant’s completion.
Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements
as submitted in the City of Otsego’s application:
Project Overview and Need
The goal of this project is to remove the remaining inventory of Ash trees in the publicly owned spaces
in Otsego. The current inventory of Ash trees that remain will be a higher cost to remove as they will
require traffic control. Many of the Ash trees remaining are along a 1.5-mile paved bike trail. The
removed trees will then be replaced with an identified approved species. Any remaining funds will be
used removing and planting at other identified City Parks.
Project Timeline
Winter 2025: Quote out and contract the removal and stump grinding of Ash trees along City owned
street/bike path. Use any additional funds to remove identified problem Ash trees.
Spring 2026: Purchase new trees, plant new trees, mulch rings to hold moisture, install tree bags and
any staking needed. Closeout grant in accordance with the DNR.
Project Budget Explanation
Fall 2025-
• Contractor to remove and stump grind ash trees along street/bike trail- $12,000 (Estimate)
Spring 2026-
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
• 35 Tree replacements per DNR species list- $4,800 (Estimate)
• 35 water bags- $560
• Stakes and posts- $300
• Non abrasive tape/string- $50
• Mulch- $624.33
TOTAL: $18,334.33
Project Impacts on Priority Landscapes and Populations
The City of Otsego has experienced a 67.5% growth over the past 10 years. The City has also an almost
2% increase in diverse populations during that time period as well. One of the City’s Parks and
Recreation Department’s guiding principles is providing access and connectivity throughout the entire
City. This means that residents living in areas with high density housing and lower rates of home
ownerships are providing equal opportunities to access all of the City’s park amenities.
Communication
The City is planning to provide EAB information on its website, quarterly newsletter, and social media.
The information will include informing residents that the City is now in the MDA’s EAB 10 mile buffer
zone of Generally Infested areas. This information will also include information on what to look for
resources that they can access should they suspect a tree to be infested with EAB.
Key Personnel
Nick Jacobs- Parks and Recreation Director
Pat Laundervile- Parks Foreperson
CJ Huettl- Parks Maintenance II
James Gornick- Parks Maintenance II
Craig Reichel- Parks Maintenance II
Tree Planting
Grant funds will not fund the purchase of trees that are over-represented in your community. Any
genera that comprise 10% or more of the community forest make-up will not be funded. Numbers
derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used
unless an updated inventory is provided. For your community this means grant funds cannot be spent
on purchasing:
• Acer (maple): 24%
• Picea (spruce): 14%
• Fraxinus (ash): 14%
• Quercus (oak): 10%
All trees planted with grant funds are expected to be maintained based on the City of Otsego’s Three
Year Tree Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced
prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased
from, or at the expense of the City of Otsego.
Requesting Reimbursement
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
If two successive updates are missed, DNR staff will contact grantee requesting a grant progress update
and explanation of why grant reporting has been late. If a report is not received within 60 days of the
request, DNR will assume work is not being conducted and begin steps to close-out the grant contract
and reallocate funds. This may result in a grant agreement being closed out early, and DNR staff noting
in the grant closeout report the lack of performance and contract compliance by the grantee.
If within two successive updates necessary progress has not been made in accomplishing work within the
grant contract, DNR staff may request a meeting to discuss why progress is not being made and may
begin steps to close-out the grant contract and reallocate funds. This may result in a grant agreement
being closed out early, and DNR staff noting in the grant closeout report the lack of performance and
contract compliance by the grantee.
Accomplishment reports and maps of completed work will be submitted with all requests for
reimbursement.
• Partial payment form along with invoices and proof of payment for grant-funded purchases,
Cash Match form along with proof of payment, and In-Kind Match form
• Partial payments may be submitted as needed and must include all up-to-date required
documents and accomplishment reports, including a relevant certification and/or declaration
• Accomplishment reports will include grant contract deliverables and their impacts
• Photo documentation of the project’s progress at appropriate phases, and illustrations,
diagrams, charts, graphs, and maps to show results
• Maps will:
o Identify the location of ash that have been removed
o Identify the location of ash stumps that have been ground
o Identify the location and species of trees that have been planted
o Identify the location of ash trees that have been treated
• All trees removed, treated, and planted will be mapped and submitted as shapefiles, with the
planted trees identified by species and size, to obtain grand fund reimbursement. If your
community does not have access to shapefile-generating software, please notify your DNR
Urban and Community Forestry Team Member, and they will work to assist you.
Following the submission of invoices and accomplishment reports, a compliance check will be conducted
by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree
species submitted on maps are correctly identified and planted in accordance with the standards set in
the Minnesota Department of Natural Resources Pocket Guide to Planting Trees.
Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following
planting, a community has no more than 20% of their trees within a single family, no more than 10% of
their trees within a single genus, and no more than 5% of their trees within a single species. Staff will
confirm that planted tree stock is ¾”-2” caliper bareroot or a container class size #20 or smaller.
Ineligible Project Expenses
Ineligible project expenses include, but are not limited to:
• Costs incurred prior to the start date on the fully executed grant agreement
• Staff time for local government unit employees
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
• Purchase of trees listed on the Minnesota Invasive Terrestrial Plants list, including Amur cork
tree, Amur maple, autumn olive, black locust, buckthorn, Norway maple, Russian olive, Siberian
elm, and tree of heaven
• Purchase of balled and burlapped trees, containerized trees larger than #20, and bareroot trees
greater than 2” caliper diameter
• Purchase of tree species that already make up 10% or more of the community’s public trees, or
whose family makes up 20% or more of the public trees
• Purchase of plants such as shrubs, living ground covers, sod, grass seed, and flowers
• Purchase of land or easements
• Major soil and grade changes or construction
• Equipment purchases equal to or exceeding $5,000
• Purchase of meals or snacks for volunteers
• Experimental practices not approved by DNR
Acknowledgments
Environment and Natural Resources Trust Fund (ENRTF)
• Since the citizens of Minnesota created this funding source, it is critical to the transparency of
the fund that they are aware of how the funds are used. Acknowledgement of the ENRTF should
be included in all project communications and outreach – including press releases, media
interactions, signs, publications, event advertisements & invitations, websites, newsletters,
printed materials, presentations, and social media.
• Acknowledgement can be made through use of the ENRTF logo. Contact the UCF Team to obtain
the ENRTF logo. Projects are encouraged to display it within their efforts whenever possible and
appropriate. It is available in color, black and white, or grayscale in a variety of file formats (.ai,
.eps, .png, .jpg, .gif).
• Acknowledgement can be made by tagging ENRTF on Facebook (Minnesota Environment and
Natural Resources Trust Fund) and mentioned on Twitter (@mnenrtf) when the City of Otsego
posts about a project that has been supported by ENRTF. Not only will this fulfill the
acknowledgement requirements, but it allows LCCMR to share Otsego’s project
accomplishments with their followers, including commission members.
• Acknowledgement can be made through use of ENRT attribution language. If choosing to
acknowledge ENRTF funding through attribution language, please include at a minimum:
“Funding provided by the Minnesota Environment and Natural Resources Trust Fund.”
(verbal)
- or -
“Funding for this project was provided by the Minnesota Environment and Natural Resources
Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources
(LCCMR).” (written)
Minnesota Department of Natural Resources
The Minnesota Department of Natural Resources needs to be acknowledged in publications,
audiovisuals, and electronic media developed as a result of this award.
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
• Including any publications or outreach materials related to this grant or agreement, a statement
of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made
possible through a grant from the Minnesota Department of Natural Resources.” OR “This
project was conducted in cooperation with the Minnesota Department of Natural Resources.”
• Logo is permitted for use and can be obtained by contacting the UCF Team.
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
Exhibit B: Project Budget
2022 Protect Community Forests Grants City of Otsego
Item State Grant Funds Cash Match In-kind Match Total
Personnel and
Owned Equipment $0.00
Eligible Expenses $18,334.33 $18,334.33
Totals $18,334.33 $0.00 $0.00 $18,334.33
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
3-Year Tree Maintenance Plan Template for Newly Planted Trees
LUG:Year and Season of Planting:
Project Coordinator:
Phone:
Size (caliper for deciduous, height for conifers): # of Trees to be Planted:
Type of Stock to be Planted (Bare root, etc.):
Describe how the activities below will be completed.
1.Tree Maintenance Personnel
a.Describe who is responsible for maintenance.
b.Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic
training and literature on proper maintenance techniques. Is training needed and how will you do it?
c.How will you inspect tree maintenance work periodically to make sure it is being done correctly?
2.Tree Watering Process
Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be
watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week.
Email:
Exhibit C: Tree Maintenance Plan
2022 Protect Community Forests Grants
City of Otsego
Spring 2026City of Otsego
Nick Jacobs
763-235-3155 njacobs@otsegomn.gov
1-1.5"35
Mostly Bare Root , class size #20 or less containers depending on availability. They will be a mixture of Elm, Oak, Maples, and some fruiting trees. The trees will be selected for the block based on the existing trees so as to not have more than 10% of one particular tree on each block.
Nick Jacobs the City's Parks and Recreation Director will be overseeing the ongoing maintenance of the
replanted trees.
At least one of the staff in the City's parks maintenance department are Certified Tree Inspectors. The
entire parks maintenance department also receives annual training on proper tree maintenance.
The City will create a spreadsheet and map that will track all replanted trees. Each time the trees are
watered/ inspected the spreadsheet will certain criteria that the maintenance can refer to and check off
ensuring the inspection was completed. Any issues or concerns will be reported to the parks and
recreation director.
New trees will be watered weekly if rainfall is under 1" / week from April 15th to October 31. Bimonthly
watering will continue regardless of rainfall during the active growing season with potentially high heat stress
from June - August. Bimonthly watering will continue regardless of rainfall June - August.
Bare root trees should be watered in this manner for 3 years, after 3 years a drought year such as the
summer of 2021, trees should be watered bimonthly until year 7.
Container trees should be watered in this manner for 5 years, after 5 years a drought year such as the
summer of 2021, trees should be watered bimonthly until year 7.
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
3. Mulching Trees
Will you mulch your trees and if so, how will you maintain mulch?
4. Staking and Tying Trees
Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for
inspection and removal.
5. Checking Tree Health
The grantee will check trees every 6 – 12 months to identify and address problems. Describe inspection
process and follow-up.
6. Tree Protection
Young trees in busy urban areas may be easily damaged by human activity, animals, and equipment.
Describe how planted trees will be protected.
7. Pruning
Newly planted trees should need little pruning, if they were properly cared for in the nursery. In the first
year after planting, remove only dead or broken branches. In later years, weakly attached limbs can be
removed, and corrective pruning can be done if needed. Describe your pruning maintenance cycle.
8. Tree Warranty
Tree planting should include a warranty from the nursery for replacement (due to poor condition or
mortality). The grantee should be prepared to fully replace all trees that are in poor condition or die
prior to inspection at the end of the project grant agreement, unless loss was due to natural disaster.
Describe your tree warranty or how trees will be replaced.
Mulch will be installed after plant establishment and will be at least a 3.5' diameter for moisture holding
and a mower buffer. Mulch will be maintain annually to ensure proper mulch consistency.
As trees are planted and inspected, staff and/ or contractors will inspect each tree to ensure it is stable. If
a tree is found to be unstable One to four wooden posts will be installed and attached to the tree using a
non abrasive material that is able to stretch for growth and not strangle it. Alterations will occur upon
inspection to avoid potential strangling or abrasions. Supports are typically removed after 3-5 years.
The City will create a spreadsheet and map that will track all replanted trees. Each time the trees are
watered/ inspected the spreadsheet will certain criteria that the maintenance can refer to and check off
ensuring the inspection was completed. Any issues or concerns will be reported to the parks and
recreation director.
Trees that are in high traffic areas, or areas by playgrounds will be protected by four wooden posts and
rope to act as a warning, or buffer from activity. Plastic spiral tree wraps are especially crucial for smooth
barked trees to protect from sun scald and animal abrasions.
Pruning will take place in the late fall when the trees have gone dormant. Pruning will be focused on
training for mature height scale, proper structure, and clearance. Ideally the trees are audited for pruning
every other year.
The City will work with the nursery where the trees will be purchased to ensure all warranty procedures
are followed. If tree mortality occurs, the City will follow-up with the nursery to ensure the tree(s) are
replaced. If tree mortality occurs and is not covered by the nursery’s warranty, the City will ensure the tree
(s) are included in their annual tree planting program.
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
Grant Contract Agreement for Legislatively named Municipality FY24: Updated July 2023 8
Minnesota Department of Natural Resources
Conflict of Interest Disclosure
Conflict of Interest:
A conflict of interest occurs when a person has actual or apparent duty or loyalty to more than one organization
and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of
interest exists even if no unethical, improper or illegal act results from it.
Actual Conflict of Interest:
An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without
taking immediate appropriate action to eliminate the conflict. Examples include, but are not limited to:
• One party uses his or her position to obtain special advantage, benefit, or access to the other party’s time, services,
facilities, equipment, supplies, badge, uniform, prestige, or influence.
• One party receives or accepts money (or anything else of value) from another party or has equity or a financial
interest in or partial or whole ownership of the other party’s organization.
• One party is an employee, board member or family member of the other party.
Potential Conflict of Interest:
A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could
create an inappropriate influence if the person is called on to make a decision or recommendation that would
affect one or more of those relationships, affiliations, or interests.
Organizational Conflict of Interest:
A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or
grantee of a state agency. Organizational conflicts of interest occur when:
• A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties
• A grantee, potential grantee or grant applicant has an unfair competitive advantage through being furnished
unauthorized proprietary information or source selection information that is not available to all competitors
Exhibit DDocusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
Grant Contract Agreement for Legislatively named Municipality FY24: Updated July 2023 9
This section to be completed by Grantee’s Authorized Representative (AR):
I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement, we
will monitor and report any actual, potential, individual, or organizational conflicts of interest to the State’s
Authorized Representative.
I also certify that I have read and understand the description of conflict of interest above and as of this date (check
one of the two boxes below):
I do not have any conflicts of interest relating to this project.
I have an actual, potential, individual, or organizational (indicate below) conflict of interest. The nature of the
conflict is as follows:
If at any time during the grant project I discover a conflict of interest, I will disclose that conflict immediately to the
State’s Authorized Representative.
Grantee AR’s Printed Name: Date:
Grantee AR’s Signature:
Organization Name: _____________________________________________________________
Project Name: __________________________________________________________________
Legal Citation: ML______, Chapter ______, Article ___, Section ___, Subdivision ____
---------------------------------------------------------------------------------------------------------------------------------
State AR’s Printed Name: ________________________________ Date:
State AR’s Signature: ____________________________________
Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC
Jacobs, Nick
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2025-59
AUTHORIZING GRANT CONTRACT AGREEMENT
BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF OTSEGO
WHEREAS, the Minnesota DNR has awarded the City of Otsego $18,334.33 under Swift Contract No. 278663 for urban and
community forestry services, effective November 12, 2025, or upon execution, expiring June 30, 2026 (or August 30, 2026, if
unamended); and
WHEREAS, the City must comply with all grant terms, applicable laws, and State requirements, including audits, conflict of
interest disclosure, record retention for six (6) years, and crediting the State.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. Parks and Recreation Director Nick Jacobs is authorized to execute Swift Grant Contract Agreement No. 278663 and
is designated as the Authorized Representative to administer the grant and communicate with State Representatives.
2. The City certifies it will complete the work per the approved scope and budget, maintain auditable records, comply
with bidding and indemnification rules, assign intellectual property to the State, and secure State approval for any
material changes.
2
ADOPTED by the Otsego City Council this 10th day of November, 2025.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk