Loading...
RES 2025-59 Authorizing Grant Contract Agreement Between the MN DNR and OtsegoCITY 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. ADOPTED by the Otsego City Council this 10th day of November, 2025. MOTION BY: Dunlap SECONDED BY: Tanner IN FAVOR: Stockamp, Dunlap, Goede, Lund, and Tanner OPPOSED: none CITY OF OTSEGO Jessica L. Stockamp, May r ATTEST; Audra Etze( City Clerk Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC n STATE OF MINNESOTA GRANT CONTRACT AGREEMENT Swift Contract Number: 278663 MINNe'SOTA, 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, 15t 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 § 1613.98, 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 § 1613.98 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 byway 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). GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10,2025 0 Docusign Envelope ID; 80BAADFB-FD60-4FED-AA00-73D9730747DC • 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 GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10.2025 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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. GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7,10.2025 0 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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 § 168.97, Subd.4 JD1 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. GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10.2025 11 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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 GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10.2025 0 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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. GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10.2025 0 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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. GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10,2025 0 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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. GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7,10, 2025 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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 (h" tfp Jfiies.dr�r.st te.mn.us natural resources npc/bmp contract Ianguagg.pdi). 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. GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7.10.2025 11 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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 GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7,10.2025 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC Grant Contract Agreement Signature Page State Encumbrance Verification Individual certifies that funds have been encumbered as required b Minnesota Statutes §§ 16A.15 Print Na Donna Edelman o�� Signatur :6k 29A "8FB804 4... Title: Contractstrants Spec Date:October 28, 2025 SWIFT Contract No. 278663 / 3-288426 Grantee With delegated authority Print Name: Jacobs, Nick Signature: Title: Date: State Agency With delegated authority Print Name: Signature: Title: Date: GRANT CONTRACT AGREEMENT TEMPLATE FOR COMPETITIVE GRANTS TO MUNICIPALITIES REV. 7,10.2025 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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. 12115122) 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 Pocl<et 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 %"-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 17"ibit r. Tree Maintenance Plan Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DCRANWMhOCommunity Forests Grants ��� uV -- . , V � City of Otsego DEPARTMENT OF 3-Year Tree Maintenance Plan Template for Newly Planted Trees NATURAL RESOURCES LUG: City of Otsego Year and Season of Planting: Spring 2026 Project Coordinator: Nick Jacobs Phone: 763-235-3155 Email: njacobs@otsegomn.gov # of Trees to be Planted: 35 Size (caliper for deciduous, height for conifers): 1-1.5" Type of Stock to be Planted (Bare root, etc.): Mostly Bare Root , class size #20 or less containers depending on avails Describe how the activities below will be completed. 1. Tree Maintenance Personnel a. Describe who is responsible for maintenance. Nick Jacobs the City's Parks and Recreation Director will be overseeing the ongoing maintenance of the replanted trees. 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? 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. c. How will you inspect tree maintenance work periodically to make sure it is being done correctly? 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. 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. 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? 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. 4. Staking and Tying Trees Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for inspection and removal. 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. Checking Tree Health The grantee will check trees every 6 —12 months to identify and address problems. Describe inspection process and follow-up. 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. 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. 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. 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. 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. 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. 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 Exhibit D M Iiii- Minnesota Depadment of Mural Resources DEPARTMENT OF Coiff7ictofInterestDisclostire NATURAL RESOURCES Conflict oflnterest: 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 oflnterest: 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 patty'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 patty's organization. • One party is an employee, board member or family member of the other party. Potential Conflict oflnterest: 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 oflnterest: A conflict of interest can also occur with an organization that is a grant applicant to 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 Grant Contract Agreement for Legislatively named Municipality FY24: Updated Judy 2023 Docusign Envelope ID: 80BAADFB-FD60-4FED-AA00-73D9730747DC 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): ❑ 1 do not have any conflicts of interest relating to this project. ❑ 1 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: Jacobs, Nick 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: Grant Contract Agreement for Legislatively named Municipality FY24: Updated July 2023