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3.13 Emerald Ash Borer Grant, Otsego and DNR Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks and Recreation Interim Parks and Recreation Director Jacobs June 13, 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Attorney Kendall 3.13 – EAB Grant STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. 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 recommends the City Council accept the 2022 Protect Community Forests Grant and authorize execution of a Grant Contract Agreement with the Minnesota Department of Natural Resources. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The City of Otsego was identified to be in the Minnesota Department of Agriculture’s Emerald Ash Borer (EAB) zone. EAB has now been identified at the western border of Otsego. In 2021 staff applied for a grant from the Minnesota Department of Natural Resources to help combat the spread of EAB. Staff received notification that the City of Otsego has been awarded $25,000 dollars to develop a management plan. The City will be obligated to provide an in-kind match of personnel time in the amount of $4,525 for years 2022 to 2025. That in-kind time is primarily an estimation for watering and maintaining the newly planted replacement trees. The $25,000 dollars the grant provides will be used for the following: • Beginning the process of inventorying all publicly owned Ash trees (Management Plan) • Treating any high value Ash trees through the use of inoculation • Removing any trees that are compromised beyond treatment or already deceased • Replacing the deceased Ash trees with approved species of trees • Mulching, staking, tree protection, tree health of newly planted trees • Watering the newly planted trees if rainfall is under 1”/week • Offering EAB education to inform residents on EAB mitigation strategies The City relies heavily on its current inventory of Ash trees to provide shade and soil stabilization. EAB infests Ash trees making them structurally compromised. This grant allows the City to be proactive in its approach to combatting EAB. The Grant Agreement has been reviewed by City staff and the City Attorney, with recommendation for City Council approval and authorization for staff to execute said contract. SUPPORTING DOCUMENTS ATTACHED: • Grant Contract Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to accept the 2022 Protect Community Forests Grant and authorize execution of a Grant Contract Agreement with the Minnesota Department of Natural Resources. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 1 STATE OF MINNESOTA GRANT CONTRACT AGREEMENT 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 Street NE, Otsego, MN 55330 ("GRANTEE"). Recitals 1. Under Minn. Stat. §84.026, §84.085, Subd. 1, and Minnesota Session Laws - 2021, 1st Special Session, Chapter 6--S.F.No. 20, Article 5, Sec. 2, Subd. 6 (b) the State is empowered to enter into this grant contract agreement. 2. The State is in need of Urban and Community Forestry Services for the Protect Community Forests project. 3. 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. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant contract agreement. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date: June 15, 2022, Per Minn. Stat.§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 Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. 1.2 Expiration date: June 30, 2025, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B, and Exhibit C, which are incorporated and made a part of this agreement. Comply with Environment and Natural Resources Trust Fund (ENRTF) terms and conditions as indicated in the approved 2020-054 Workplan, which is incorporated and made part of this agreement by reference. 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. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract agreement as follows: DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 2 (a) Compensation The Grantee will be paid in an amount not to exceed $25,000.00 on a reimbursement basis for qualifying purchases. The Grantee shall submit payment requests with required expenditure documentation. According to the breakdown of costs contained in Exhibit B, which is attached and incorporated into this grant contract, the Grantee certifies that a minimum 0% matching requirement for the grant will be met by the City of Otsego. The total project cost is $29,525.00. Grantee agrees to match at least $4,525.00 of this project cost. (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract agreement will not exceed $0.00; provided that 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 (MMB). 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. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $25,000.00. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 1. December 15, 2022 2. June 15, 2023 3. December 15, 2023 4. June 15, 2024 5. December 15, 2024 6. June 30, 2025 The State shall disburse funds to the Grantee pursuant to this agreement on a reimbursement basis. The Grantee shall submit payment requests with required expenditure documentation. All project work must be completed and the final request for reimbursement (along with final reports) must be submitted by June 30, 2025. (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (b) The grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 3 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 payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Emma Schultz, Community Forest Project Specialist, 500 Lafayette Rd., St. Paul, MN 55155, (651) 259-5274, ucf.dnr@state.mn.us, or his/her 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. The Grantee’s Authorized Representative is Nick Jacobs, City Parks and Recreation Department, 13400 90th Street NE, Otsego MN 55330, 763-334-3170, NJacobs@ci.otsego.mn.us. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments 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, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 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 the 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. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end 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. DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 4 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 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 agreement. The civil remedies of Minn. Stat. §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 10.2 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 contract. If intellectual property rights are identified, the grantee must contact the DNR immediately. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §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 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. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. 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. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract agreement with or 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. 14.2 Termination for 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. DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 5 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract agreement if: (a) It does not obtain funding from the Minnesota Legislature (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax 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 funds are available. The State will not be assessed any penalty if the grant contract agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 14.4 Additional Alternate Termination Language Additional alternate termination language may be negotiated on a case-by-case basis after the state agency has consulted with their legal and finance teams. 15 Data Disclosure Under Minn. Stat. § 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. DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 6 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 Signed: Date: June 1, 2022 SWIFT Contract/PO No(s). 212815 / 3-210160 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State’s Authorized Representative DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB June 8, 2022 Interim Parks and Recreation Director June 8, 2022 Deputy Director Exhibit A: Grant Project Deliverables 2022 Protect Community Forests Grants City of Otsego Deliverables Grant Sum Total: $25,000.00 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, 2022 Update: June 15, 2023 Update: December 15, 2023 Update: June 15, 2024 Update: December 15, 2024 Update: June 30, 2025 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 Two years ago, the City of Otsego entered into the MDA’s EAB 10 mile buffer zone of Generally Infested areas. The City of Otsego has many Ash trees that shade and protect ballfields, picnic areas, playgrounds, and public owned areas. If awarded, this grant would aid the City in the creation and implementation of an accelerated EAB management plan that would focus on all City properties to include all City Parks and natural areas, City Hall campus, public right of ways, and water treatment facilities. If funds are awarded, the City of Otsego would immediately begin the process of inventorying all publicly owned Ash trees. This inventory would also be used to identify Ash trees as beneficial, low value, or structurally compromised. Trees identified as low value or structurally compromised would be removed in the fall of 2022. The trees that are removed would be replaced with a more diverse species to include Swamp White Oak, Kentucky Coffee Tree, Ginkgo, River and Yellow Birch, Catalpa, Redbud, along with White, Scotch and Ponderosa Pines, and Norway and White Spruce and White Fir trees all of which are not currently strongly represented. DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB The City relies heavily on its current inventory of Ash trees to provide shade and soil stabilization. Due to the locations of a majority of these trees, the public is often located in close proximity which presents safety concerns as the trees lose their structural integrity due to EAB. Project Timeline April 2022 • Ash tree survey complete. • City will provide EAB education on the City’s Website and Newsletter. • City will off a free virtual EAB informational class. • GIS survey of all Ash trees. • Fall 2022 (after September) • Remove low value and structurally compromised trees. • Begin the tree replanting process. Season of 2023 • Water new trees weekly if rainfall is under 1" / week. Bimonthly watering will continue regardless of rainfall June - August. Spring 2023 • Provide another free EAB informational class • Host a public tree planting demonstration and provide volunteer opportunities to concentrate on proper planting depth, pruning, and watering strategies. • Continue with the replanting process. Season of 2024 • Water new trees weekly if rainfall is under 1" / week. Bimonthly watering will continue regardless of rainfall June - August. Spring 2024 • Complete all tree replantings Fall 2024 • Prune newly planted trees Season of 2025 • Water new trees weekly if rainfall is under 1" / week. Bimonthly watering will continue regardless of rainfall June - August. Fall 2025 • Prune newly planted tress Project Budget Explanation The proposed plan would have the City hiring a contractor to conduct the tree inventory, chemical treatments, tree removals, and tree plantings. The requested amount for a contractor to complete these steps is $54,350. Below is an expense breakdown: DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB • Tree & Stump Removals- $8,700 • Tree Planting $3,900 • GIS Tree Inventory- $6,000 • Volunteer Training- $1,000 Purchasing of 60 to replace the anticipated amount of Ash trees that will be removed. This replacement will be on a 2 to 1 ratio and will follow the 20-10-5 guidelines. • Tree Purchase- $4,500 Supplies to be purchase for the planting of the replacement trees total $1,464. Below is an expense breakdown: • 20 Water Bags- $300 • Bark Protection- $240 • Posts/ Stakes- $240 • Non-Abrasive Ties/ Burlap- $27 • Wire- $50 • Total requested amount is: $24,957.00 City staff will be responsible to water and prune the 140 tree replacements. Years 2022-2025 181 Staff hours at $25 per hour- $4,525 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. If awarded the grant, the City is planning to provide free EAB and tree education. The City is also planning to work with local area schools, churches, and civic clubs to assist with the replanting of the140 trees. Communication The City is planning to provide EAB information on its website, quarterly newsletter, utility bills, 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. In addition, the City is planning to provide free virtual and in-person trainings on EAB, tree care, and the importance of planting a diversity of tree in the yard. Key Personnel Currently, the City of Otsego has two staff that are Certified Tree Inspectors through the State of Minnesota Department of Natural Resources. These two staff have also received training in proper pruning and planting techniques and both currently manage the City's gravel bed nursery program. These two staff will be responsible for overseeing the watering and pruning of the replanted trees. The City currently contracts with Erik Lemke from South Lake Ash Shield to provide tree maintenance services and training. Erik Lemke is has given numerous horticultural seminars to various garden groups DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB and at the Arboretum. He has a four year degree from the University of Minnesota in Horticulture, Landscape and Turf and has worked as an arborist and consultant for the last 12 years. During the City's recruitment process for contracted tree services, the City required a contractor to have at least 5 plus years of arborist experience, municipal references, experience with creating a EAB management plan, and to be licensed and insured. 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): 20.0% • Picea (spruce): 15.4% • Fraxinus (ash): 15.1% • Ulmus (elm): 12.3% • Quercus (oak): 10.4% 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 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. DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB 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 • 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) DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB - 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. • 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: FE945B17-8E57-4F1C-9461-00A305511BBB ϯͲzĞĂƌdƌĞĞDĂŝŶƚĞŶĂŶĐĞWůĂŶdĞŵƉůĂƚĞĨŽƌEĞǁůǇWůĂŶƚĞĚdƌĞĞƐ zĞĂƌĂŶĚ^ĞĂƐŽŶŽĨWůĂŶƚŝŶŐ͗ ^ŝǌĞ;ĐĂůŝƉĞƌĨŽƌĚĞĐŝĚƵŽƵƐ͕ŚĞŝŐŚƚĨŽƌĐŽŶŝĨĞƌƐͿ͗ ĞƐĐƌŝďĞŚŽǁƚŚĞĂĐƚŝǀŝƚŝĞƐďĞůŽǁǁŝůůďĞĐŽŵƉůĞƚĞĚ͘ ϭ͘ dƌĞĞDĂŝŶƚĞŶĂŶĐĞWĞƌƐŽŶŶĞů Ă͘ ĞƐĐƌŝďĞǁŚŽŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŵĂŝŶƚĞŶĂŶĐĞ͘ ď͘ sŽůƵŶƚĞĞƌƐ͕ŚŽŵĞŽǁŶĞƌƐ͕ŽƌŝŶĞǆƉĞƌŝĞŶĐĞĚƐƚĂĨĨƚŚĂƚǁŝůůƉƌŽǀŝĚĞŵĂŝŶƚĞŶĂŶĐĞƐŚŽƵůĚƌĞĐĞŝǀĞďĂƐŝĐ ƚƌĂŝŶŝŶŐĂŶĚůŝƚĞƌĂƚƵƌĞŽŶƉƌŽƉĞƌŵĂŝŶƚĞŶĂŶĐĞƚĞĐŚŶŝƋƵĞƐ͘/ƐƚƌĂŝŶŝŶŐŶĞĞĚĞĚĂŶĚŚŽǁǁŝůůǇŽƵĚŽŝƚ͍ Đ͘,ŽǁǁŝůůǇŽƵŝŶƐƉĞĐƚƚƌĞĞŵĂŝŶƚĞŶĂŶĐĞǁŽƌŬƉĞƌŝŽĚŝĐĂůůǇƚŽŵĂŬĞƐƵƌĞŝƚŝƐďĞŝŶŐĚŽŶĞĐŽƌƌĞĐƚůǇ͍ Ϯ͘ dƌĞĞtĂƚĞƌŝŶŐWƌŽĐĞƐƐ ĞƐĐƌŝďĞŝŶĚĞƚĂŝůŚŽǁƚƌĞĞƐǁŝůůďĞǁĂƚĞƌĞĚ͕ƚŚĞƚŝŵĞƉĞƌŝŽĚĂŶĚĨƌĞƋƵĞŶĐǇŽĨǁĂƚĞƌŝŶŐ͘dƌĞĞƐƐŚŽƵůĚďĞ ǁĂƚĞƌĞĚǁĞĞŬůǇĨŽƌƚŚĞĨŝƌƐƚϯƚŽϱǇĞĂƌƐǁŚĞŶƚŚĞŐƌŽƵŶĚŝƐƚŚĂǁĞĚ͕ƵŶůĞƐƐŝƚŚĂƐƌĂŝŶĞĚϭŝŶĐŚŝŶĂǁĞĞŬ͘ ŵĂŝů͗ Exhibit C: Tree Maintenance Plan 2022 2022 Protect Community Forests Grants City of Otsego Fall 2022, Spring 2023 njacobs@ci.otsego.mn.us 3/4" -1.5", 2'-5' conifers >h'͗City of Otsego WƌŽũĞĐƚŽŽƌĚŝŶĂƚŽƌ͗ Nick Jacobs WŚŽŶĞ͗ 763.235.3155 ηŽĨdƌĞĞƐƚŽďĞWůĂŶƚĞĚ͗60 dǇƉĞŽĨ^ƚŽĐŬƚŽďĞWůĂŶƚĞĚ;ĂƌĞƌŽŽƚ͕ĞƚĐ͘Ϳ͗Bare root preferred if available for species and in reasonable numbers,o Nick Jacobs, the City's Parks and Recreation Director will be overseeing the ongoing maintenance of the replanted trees and herbicide applications. Two members of 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 also contracts with South Lake Ash Shield for tree maintenance and technical assistance. Volunteers, homeowners, and inexperienced staff will be provided with proper training either by the park maintenance staff or representatives from South Lake Ash Shield. 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: FE945B17-8E57-4F1C-9461-00A305511BBB ϯ͘DƵůĐŚŝŶŐdƌĞĞƐ tŝůůǇŽƵŵƵůĐŚǇŽƵƌƚƌĞĞƐĂŶĚŝĨƐŽ͕ŚŽǁǁŝůůǇŽƵŵĂŝŶƚĂŝŶŵƵůĐŚ͍ ϰ͘^ƚĂŬŝŶŐĂŶĚdǇŝŶŐdƌĞĞƐ ǆƉůĂŝŶŝĨƐƚĂŬŝŶŐŝƐŶĞĐĞƐƐĂƌǇĚƵĞƚŽŵŽǁŝŶŐ͕ǀĂŶĚĂůŝƐŵ͕ŽƌǁŝŶĚĐŽŶĚŝƚŝŽŶƐ͕ĂŶĚĚĞƐĐƌŝďĞƉůĂŶƐĨŽƌ ŝŶƐƉĞĐƚŝŽŶĂŶĚƌĞŵŽǀĂů͘ ϱ͘ ŚĞĐŬŝŶŐdƌĞĞ,ĞĂůƚŚ dŚĞŐƌĂŶƚĞĞǁŝůůĐŚĞĐŬƚƌĞĞƐĞǀĞƌǇϲʹϭϮŵŽŶƚŚƐƚŽŝĚĞŶƚŝĨǇĂŶĚĂĚĚƌĞƐƐƉƌŽďůĞŵƐ͘ĞƐĐƌŝďĞŝŶƐƉĞĐƚŝŽŶ ƉƌŽĐĞƐƐĂŶĚĨŽůůŽǁͲƵƉ͘ ϲ͘ dƌĞĞWƌŽƚĞĐƚŝŽŶ zŽƵŶŐƚƌĞĞƐŝŶďƵƐǇƵƌďĂŶĂƌĞĂƐŵĂǇďĞĞĂƐŝůǇĚĂŵĂŐĞĚďǇŚƵŵĂŶĂĐƚŝǀŝƚǇ͕ĂŶŝŵĂůƐ͕ĂŶĚĞƋƵŝƉŵĞŶƚ͘ ĞƐĐƌŝďĞŚŽǁƉůĂŶƚĞĚƚƌĞĞƐǁŝůůďĞƉƌŽƚĞĐƚĞĚ͘ ϳ͘ WƌƵŶŝŶŐ EĞǁůǇƉůĂŶƚĞĚƚƌĞĞƐƐŚŽƵůĚŶĞĞĚůŝƚƚůĞƉƌƵŶŝŶŐ͕ŝĨƚŚĞǇǁĞƌĞƉƌŽƉĞƌůǇĐĂƌĞĚĨŽƌŝŶƚŚĞŶƵƌƐĞƌǇ͘/ŶƚŚĞĨŝƌƐƚ ǇĞĂƌĂĨƚĞƌƉůĂŶƚŝŶŐ͕ƌĞŵŽǀĞŽŶůǇĚĞĂĚŽƌďƌŽŬĞŶďƌĂŶĐŚĞƐ͘ /ŶůĂƚĞƌǇĞĂƌƐ͕ǁĞĂŬůǇĂƚƚĂĐŚĞĚůŝŵďƐĐĂŶďĞ ƌĞŵŽǀĞĚ͕ĂŶĚĐŽƌƌĞĐƚŝǀĞƉƌƵŶŝŶŐĐĂŶďĞĚŽŶĞŝĨŶĞĞĚĞĚ͘ĞƐĐƌŝďĞǇŽƵƌƉƌƵŶŝŶŐŵĂŝŶƚĞŶĂŶĐĞĐǇĐůĞ͘ ϴ͘ dƌĞĞtĂƌƌĂŶƚǇ dƌĞĞƉůĂŶƚŝŶŐƐŚŽƵůĚŝŶĐůƵĚĞĂǁĂƌƌĂŶƚǇĨƌŽŵƚŚĞŶƵƌƐĞƌǇĨŽƌƌĞƉůĂĐĞŵĞŶƚ;ĚƵĞƚŽƉŽŽƌĐŽŶĚŝƚŝŽŶŽƌ ŵŽƌƚĂůŝƚǇͿ͘dŚĞŐƌĂŶƚĞĞƐŚŽƵůĚďĞƉƌĞƉĂƌĞĚƚŽĨƵůůǇƌĞƉůĂĐĞĂůůƚƌĞĞƐƚŚĂƚĂƌĞŝŶƉŽŽƌĐŽŶĚŝƚŝŽŶŽƌĚŝĞ ƉƌŝŽƌƚŽŝŶƐƉĞĐƚŝŽŶĂƚƚŚĞĞŶĚŽĨƚŚĞƉƌŽũĞĐƚŐƌĂŶƚĂŐƌĞĞŵĞŶƚ͕ƵŶůĞƐƐůŽƐƐǁĂƐĚƵĞƚŽŶĂƚƵƌĂůĚŝƐĂƐƚĞƌ͘ ĞƐĐƌŝďĞǇŽƵƌƚƌĞĞǁĂƌƌĂŶƚǇŽƌŚŽǁƚƌĞĞƐǁŝůůďĞƌĞƉůĂĐĞĚ͘ 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: FE945B17-8E57-4F1C-9461-00A305511BBB 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 $4,525.00 $4,525.00 Eligible Expenses $25,000.00 $25,000.00 Totals $25,000.00 $0.00 $4,525.00 $29,525.00 DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 7 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 DocuSign Envelope ID: FE945B17-8E57-4F1C-9461-00A305511BBB Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 8 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: FE945B17-8E57-4F1C-9461-00A305511BBB EAB Grant City of Otsego N/A X NICHOLAS JACOBS June 8, 2022