3.11 Wright County ARPA Funding - Water Quality Improvement Grant
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Administration City Administrator/Finance Director Flaherty April 24, 2023
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Attorney Kendall 3.11 – County Grant
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X 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.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council accept a grant from Wright County.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKGROUND/JUSTIFICATION:
In March 2021, Congress adopted the American Rescue Plan Act (ARPA), which included $65 billion in
recovery funds intended to provide support to state, local and tribal governments in responding to the
impact of COVID-19 and in their efforts to COVID-19 in their communities, residents, and businesses.
The Wright County Board of Commissioners allocated $2 million of its allocated funding to a Water Quality
Improvement Grant program for cities, townships, and LIDs within Wright County. In February 2023, City
staff applied for grant funding for the Otsego Creek Restoration project, with a grant request in the amount
of $377,573, which represented 75% of the estimated project costs.
City staff were notified on March 9, 2023, that the County Board had approved the City’s application for
funding in the amount of $210,000.
The County has provided a Grant Agreement, which outlines the terms and conditions of the grant. The
requirements included in the Grant Agreement are familiar to City staff, and consistent with other
requirements of Federal funding projects such as the East WWTF Biosolids building and the West WWTF
expansion projects.
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 agreement.
SUPPORTING DOCUMENTS ATTACHED:
• Grant Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to accept a Water Quality Improvement Grant from Wright County in the amount of $210,000 and
to authorize City staff to execute the Grant Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
This agreement is regarding the application submitted 2/7/2023 for American Rescue Plan – State
and Local Fiscal Recovery Funds (ARP-SLFRF) disbursed by Wright County Minnesota. The application
is attached to this agreement as Attachment E.
This agreement is between Wright County Minnesota, Recipient and City of Otsego, Subrecipient.
Wright County MN
Subrecipient
Managing Agency (Subrecipient):
City of Otsego
Grant Amount Awarded:
$210,000
Required Match:
$52,500
Program Name:
Water Quality Improvement Grants
Term or End Date:
12/31/2024
Federal Tax ID:
41-0919123
Project Name:
Otsego Creek Restoration Project
Award Number:
WQG-005
MN State ID:
9776815
Project Information
Project Description: The City is seeking grant funding for its Otsego Creek Restoration Project.
The proposed project will improve approximately 1,600 linear feet of Otsego Creek. Project
improvements will include remeandering the main channel, creating oxbows, adding overflow
berms, installing turf reinforcement mats, conducting select tree removal, reseeding banks, and
creating a no mow buffer around the creek. The City has completed planning work for the
project and is working on preparation of engineering plans now. The City is seeking grant
funding for the construction of the project. Construction is anticipated to begin in Fall 2023.
Construction Start: July 1, 2023 Construction End: November 30, 2023
1. Grant Agreement
Subrecipients must adhere to the Grant Agreement as detailed below including all attachments
as listed. This Agreement may be amended only as stated in writing and signed by both the
Subrecipient and the County.
Attachment A – Grant Terms and Conditions
CFDA Number:
21.027 Coronavirus State and Local Fiscal Recovery Funds
Federal Ward ID Num (FAIN):
SLFRP0426
American Rescue Plan
State and Local Fiscal Recovery Funds
Water Quality Grant Agreement
2. Procurement Requirements
Wright County is required to ensure that procurement and payments are consistent with the
procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327.
Attachment B – Procurement Requirements for Subrecipients
3. Payment
Instructions for submitting for payment are outlined as follows:
1. The County will make reimbursement payments to the Subrecipient for eligible expenses
incurred as part of the approved program/project.
2. The Subrecipient must submit all requests for reimbursements to
elizabeth.karels@co.wright.mn.us.
3. Subrecipients shall submit expenses for reimbursement by the County. Submittals should
include detailed, itemized requests including:
a. Date(s) of expense
b. Amount
c. Description of expense, including copies of any invoices
d. Category of expense
e. W9 (if the subrecipient has not previously received funds from Wright County)
4. The County will review all expenses for eligibility prior to making reimbursements. Any ineligible
expenses will not be reimbursed.
5. The County may request additional documentation or request site visits to confirm requested
reimbursements reflect actual work completed. The Subrecipient should cooperate with the
County on all requests. Failure to cooperate may result in the delay or denial of reimbursement
requests.
6. The Subrecipient will only receive reimbursement payments up to the approved grant amount.
4. Reporting
The Subrecipient is required to provide quarterly project and expenditure reports to the County.
Multi-year grants also require annual reporting. Reporting requirements are outlined in
attachment C.
Attachment C – Reporting Requirements
5. Schedule
Wright County is required to obligate all ARP-SLFRF funds by December 31, 2024, and expend all
funds by December 31, 2026. To ensure compliance with these dates, the County will monitor
progress of ARP-SLFRF projects closely, including requesting for status reports or schedule updates.
The Subrecipient shall comply with these requests.
The County expects that the Subrecipient will take all action to meet the Construction Start and
End dates identified in this Agreement. The Subrecipient shall notify the County immediately if the
dates extend 60 calendar days or more from the dates listed. The Subrecipient shall identify the
cause(s) for the delay. The Subrecipient agrees the County shall retain the ability to immediately
terminate this agreement in the event the Subrecipient changes the schedule, fails to comply
with the schedule, or fails to meet a construction start or end date. The subrecipient agrees that
they will hold the County harmless from all civil actions whether based in equity or law in the event
of an immediate termination under this paragraph.
6. Insurance
Subrecipient shall comply with the insurance requirements set forth in Attachment E, attached to
this Agreement and incorporated herein by reference and shall list Wright County as an
additional insured on all insurance policies required herein.
7. Indemnification
Subrecipient agrees to indemnify and hold harmless the County and its officers, officials, agents,
volunteers and employees from any liability, claims, losses, damages, costs, judgments, or
expenses, including reasonable attorneys’ and other professional fees, resulting directly or
indirectly from any negligent, tortious or illegal act or omission, including without limitation,
professional errors or omissions by Subrecipient (including its officers, employees, agents and
subcontractors) arising from the performance of its services pursuant to this Agreement, and
against all loss by reason of the failure of the Subrecipient, its agents, employees or
subcontractors fully to perform all obligations under this Agreement. For clarification and not by
way of limitation, this obligation to indemnify and hold harmless shall apply to all materials
prepared or furnished pursuant to this Agreement, including, without limitation, claims resulting
from any alleged infringement of copyright or any property right of another, and the unlawful
disclosure or use of protected data or other noncompliance with the Records and Information
provisions set forth in this agreement. The terms and provisions of this section shall survive the
expiration, suspension or termination of this Agreement.
8. Compliance with the law
A. Subrecipient agrees to abide by the requirements and regulations of The Americans with
Disabilities Act of 1990 (42 U.S.C. Sections 12101-12213) (ADA), the Minnesota Human Rights
Act (Minn. Stat. Ch. 363A) and Title VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e).
B. Subrecipient will comply with the provisions of Minnesota Statutes §181.59 which require:
i. Every contract for or on behalf of the State of Minnesota, or any county, city, town,
township, school, school district, or any other district in the state, for materials, supplies, or
construction shall contain provisions by which Subrecipient agrees: (1) that, in the hiring of
common or skilled labor for the performance of any work under any contract, or any
subcontract, no contractor, material supplier, or vendor, shall, by reason or race, creed, or
color, discriminate against the person or persons who are citizens of the United States or
resident aliens who are qualified and available to perform the work to which the
employment relates; (2) that no contractor, material supplier, or vendor, shall, in any
manner, discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire to
prevent, the person or persons from the performance of work under any contract on
account of race, creed, or color; (3) that a violation of this section is a misdemeanor; and
(4) that this contract may be canceled or terminated by the state, county, city, town,
school board, or any other person authorized to grant the contracts for employment, and
all money due, or to become due under the contract, may be forfeited for a second or any
subsequent violation of the terms or conditions of this contract.
These laws deal with discrimination based on race, gender, disability, religion and with sexual
harassment. In the event Subrecipient has questions concerning these requirements, it should
request necessary clarifications from the County. Violation of any of the above laws can lead to
termination of this Agreement.
9. Legal Proceeding
Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever
shall be exclusively brought and litigated in the Wright County District Court, Tenth Judicial District,
Minnesota. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive
venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper
or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other
jurisdiction or venue. Neither party shall have the right to collect from the other party any costs,
disbursements or attorneys' fees incurred in enforcing or litigating this agreement. Each party shall be
responsible for paying their own costs and attorney fees.
I as applicant have read and understand:
• I am a subrecipient of Wright County’s ARP-SLFRF and am subject to the requirements of 31
CFR Part 35 Coronavirus State and Local Fiscal Recovery Funds
• The invoicing, procurement and reporting requirements outlined in this Agreement.
• My grant agreement may be subject to cancellation if any of these requirements are not met.
• No funds will be released until I submit expenses to the County for reimbursement.
I declare that the information provided in the online application and in the submitted exhibits
attachments are true and complete to the best of my knowledge. For two years from the date of this
application, Wright County has the right to verify any information contained in the submitted
application and may contact any individuals and institutions involved with the proposed project. I
understand that data provided in the form may be classified as public data under the Minnesota
Data Practice Act.
I DECLARE UNDER PENALTY OF PERJURY THAT EVERYTHING I HAVE STATED IN THIS DOCUMENT IS TRUE
AND CORRECT.
Signature/Title of Applicant: Date:
Signature/Title, Wright County: Date:
Disclosure statement: The recipient is responsible for paying back funds to the county if they have
been found to have misrepresented themselves on the application.
For questions, call 763.684.8604 or email ARPCommittee@co.wright.mn.us
Attachment A – Grant Terms and Conditions
1. Subrecipient may not assign, or otherwise transfer, its rights or delegate any of its obligations
under this Agreement without prior written approval from the County.
2. Subrecipient is required to provide the County with immediate written notification of:
a. Any changes in the organization's size or structure that would affect eligibility of the
organization’s participation in the program;
b. Its inability to expend the grant for the purposes described in this Agreement
3. Subrecipient will maintain its books and records in a manner that will provide the County with
sufficient detail to review the Subrecipient’s receipts and expenditures relating to the
Agreement. The County, its departments, divisions, and agencies thereof, reserves the right to
request supporting documentation such as receipts, payroll records, and other
documentation sufficient to support reported expenditures to the satisfaction of the requestor.
4. The County reserves the right to discontinue, modify or withhold any payments to be made
under this Agreement or to require a total or partial refund of any grant funds if, in the County's
sole discretion, such action is necessary:
a. Because the Subrecipient has not fully complied with the terms and conditions of this
Agreement;
b. To protect the purpose and objectives of the Agreement or any other activities of the
County in their compliance with section 601(d) of the Social Security Act; or
c. To comply with the requirements of any law or regulation applicable to the
Subrecipient, or the County.
5. The Subrecipient agrees that it is subject to the requirements of 31 CFR Part 35 Coronavirus
State and Local Fiscal Recovery Funds.
6. The Subrecipient agrees that it is responsible for ensuring compliance with the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.
7. Subrecipient agrees to indemnify and hold harmless the County, its directors, officers and
employees, for payment it receives under this Agreement that the federal government, the
State, or the County determines was not used for eligible expenditures and, therefore, must be
repaid. Within 60 days of receipt of written notice and demand from the County for any such
funds, Recipient shall repay such funds to the County.
8. Subrecipient agrees to fully cooperate with the County and State in any investigation or audit
of any payment provided under this Agreement.
9. The Subrecipient agrees that its proposed project meets the following requirements:
a. The County funded portion of the project will not exceed 75% of the total project cost
b. County contributions can only include eligible expenses:
i. Environmental studies
ii. Professional services, including engineering, design, and construction
administration
iii. Construction costs
iv. Easement acquisition, including appraisal
v. Permit fees
10. Subrecipients must be eligible to receive federal funds
Initials and date
Attachment B – Procurement Requirements for Subrecipients
Wright County is required to ensure that procurement and payments are consistent with the
procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327.
The Code of Federal Regulations relating to the Procurement Standards can be found:
https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D
The subrecipient must meet the requirements outlined below.
1. General Procurement Standards (200.318)
a. The Subrecipient MUST document the procurement policies that follow proper laws and
regulation.
b. The Subrecipient MUST maintain oversight to ensure that the contractors perform in
accordance with terms, conditions and specifications of their contracts or purchase orders.
c. The Subrecipient 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. If Subrecipient has a parent, affiliate, or subsidiary organization that is not a state,
local government, or Indian tribe, the Subrecipient MUST also maintain written standards of
conduct covering organizational conflicts of interest.
d. The Subrecipient procedures MUST avoid unnecessary or duplicate items. Consideration
should be given to consolidating or breaking out procurements to obtain a more economical
purchase.
e. The Subrecipient SHOULD enter into state and local intergovernmental agreements or inter-
entity agreements where appropriate for procurement or use of common or shared goods
and services.
f. The Subrecipient SHOULD use Federal excess and surplus property in lieu of purchasing new
equipment and property whenever such use is feasible and reduces project costs.
g. The Subrecipient SHOULD use value engineering clauses in contracts for construction projects
of sufficient size to offer reasonable opportunities for cost reductions.
h. The Subrecipient MUST only award contracts to those with the ability to perform. The
Subrecipient MUST award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public
policy, record of past performance, and financial and technical resources.
i. The Subrecipient MUST maintain records sufficient to detail the history of procurement. These
records will include but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for
the contract price.
j. The Subrecipient MAY use a time and material type of contract only after a determination that
no other contract is suitable and if the contract includes a ceiling price that the contractor
exceeds at its own risk. Time and materials type of contract means a contract whose cost to
the Subrecipient is the sum of the actual cost of materials and the direct labor charged at a
fixed hourly rate. This rate should reflect wages, general and administrative expenses and
profit. Since this formula generates an open-ended contract price, a time-and-materials
contract provides no positive profit incentive to the contractor for cost control or labor
efficiency, there MUST be a ceiling price.
k. The Subrecipient alone MUST be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues
arising out of procurements. These issues include, but are not limited to, source evaluation,
protests, disputes, and claims. These standards do not relieve the Subrecipient of any
contractual responsibilities under its contracts.
l. The Subrecipient MUST ensure that the organization for which it is contracting with is not
suspended or debarred from doing business with the U.S. Federal Government prior to entering
into a covered transaction. This must be documented and retained in the procurement file.
The Subrecipient may utilize www.sam.gov to perform this search.
2. Competition (200.319)
a. All procurement transactions MUST be conducted in a manner providing full and open
competition consistent with the standards of this section. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, or invitations for bids or
requests for proposals MUST be excluded from competing for such procurements. See
embedded document for some situations considered to be restrictive of competition.
b. The Subrecipient MUST conduct procurements in a manner that prohibits the use of statutorily
or administratively imposed state, local, or tribal geographical preferences in the evaluation
of bids or proposals, except in those cases where applicable Federal statutes expressly
mandate or encourage geographic preference. When contracting for architectural and
engineering (A/E) services, geographic location may be a selection criterion provided its
application leaves an appropriate number of qualified firms, given the nature and size of the
project, to compete for the contract.
c. The Subrecipient MUST have written procedures for procurement transactions. These
procedures MUST ensure that all solicitations:
1. Incorporate a clear and accurate description of the technical requirements for the
material, product, or service to be procured.
2. Identify all requirements which the offerors must fulfill and all other factors to be used in
evaluating bids or proposals.
d. The Subrecipient MUST ensure that all prequalified lists of persons, firms, or products which are
used in acquiring goods and services are current and include enough qualified sources to
ensure maximum open and free competition.
3. Methods of Procurement to be Followed (200.320) – Levels of Procurement
The Subrecipient MUST use one of the following methods of procurement depending on the level of
procurement.
a. Procurement by micro-purchase - Not to exceed threshold of $10,000. Does not require a bid
or quote. If practical, then distribute equitably among a range of vendors.
b. Procurement by small purchase procedures - Threshold is from $10,001 to $250,000. Requires
that you receive at least 2 quotes. Quotes can be informal, however should be documented
and records maintained. Price does not need to be the deciding factor however all quotes
must be kept in the procurement records.
c. Procurement by sealed bids (formal advertising) - Threshold is $250,001 and greater.
1. In order for sealed bidding to be feasible, the following conditions SHOULD be present:
i. A complete, adequate, and realistic specification or purchase description is available;
ii. Two or more responsible bidders are willing and able to compete effectively for the
business; and
iii. The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
2. If sealed bids are used, the following requirements MUST apply:
i. The invitation for bids, MUST define the items or services in order for bidders to properly
respond
ii. All bids will be opened at the time and place prescribed in the invitation for bids, and
for local and tribal governments, the bids MUST be opened publicly;
iii. A firm fixed price contract award will be made in writing to the lowest responsive and
responsible bidder.
iv. Any or all bids may be rejected if there is a sound documented reason.
d. Procurement by competitive proposals - Threshold is $250,001 and greater. MUST be
publicized and identify all evaluation factors and their relative importance. MUST be solicited
from an adequate number of qualified sources. MUST have a written method for conducting
technical evaluations of the proposals and selecting recipients. Contracts MUST be awarded
to the responsible firm whose proposal is most advantageous to the program, with price and
other factors considered.
e. Procurement by noncompetitive proposals (sole provider) - Threshold is $10,001 and greater
1. May be used only when the item is available only from a single source.
2. The public exigency or emergency will not permit a delay resulting from competitive
solicitation.
3. The County expressly authorizes its use in response to a written request.
4. After solicitation of a number of sources competition is determined inadequate.
5. Justification of the use of noncompetitive proposal must be documented.
6. Any research on availability from multiple sources must be documented.
7. Documentation of authorization must be retained.
8. Any initial solicitations from multiple sources which are concluded to be inadequate, and
such reasoning, must be documented.
4. Contracting with Small and Minority Businesses, Women's Business Enterprises and Labor Surplus
Area Firms (200.321)
a. The Subrecipient MUST take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible. Affirmative
steps include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce; and
6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in 1-5 above.
5. Contract Cost and Price (200.323)
a. The Subrecipient MUST perform a cost or price analysis in connection with every procurement
action in excess of the Simplified Acquisition Threshold including contract modifications. The
method and degree of analysis is dependent on the facts surrounding the particular
procurement situation, but as a starting point, the Subrecipient must make independent
estimates before receiving bids or proposals.
b. The Subrecipient MUST negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. To
establish a fair and reasonable profit, consideration must be given to the complexity of the
work to be performed, the risk borne by the contractor, the contractor's investment, the
amount of subcontracting, the quality of its record of past performance, and industry profit
rates in the surrounding geographical area for similar work.
c. Costs or prices based on estimated costs for contracts under the Federal award are allowable
only to the extent that costs incurred or cost estimates included in negotiated prices
d. The cost plus a percentage of cost and percentage of construction cost methods of
contracting MUST not be used.
6. County Review (200.324)
a. The Subrecipient MUST make available, upon request of the County, technical specifications
on proposed procurements
b. The Subrecipient MUST make available upon request, for the County pre-procurement review,
procurement documents, such as requests for proposals or invitations for bids, or independent
cost estimates.
7. Bonding Requirements (200.325)
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the County may accept the bonding policy and requirements of the
Subrecipient provided that the County has made a determination that the Federal interest is
adequately protected. If such a determination has not been made, the minimum requirements MUST
be as follows:
a. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid
guarantee” MUST consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified.
b. A performance bond on the part of the contractor for 100 percent of the contract price. A
“performance bond” is one executed in connection with a contract to secure fulfillment of all
the contractor's obligations under such contract.
c. A payment bond on the part of the contractor for 100 percent of the contract price. - A
“payment bond” is one executed in connection with a contract to assure payment as
required by law of all persons supplying labor and material in the execution of the work
provided for in the contract.
8. Contract Provisions
a. The Subrecipient's contracts MUST contain the applicable provisions described in Appendix
II to Part 200 - Contract Provisions for Subrecipient Contracts under Federal Awards.
Initials and date
Attachment C – Reporting Requirements
1. Quarterly Reports
The Subrecipient is required to provide quarterly project and expenditure reports to the County,
including the following:
• A narrative outlining the project activity during the reporting period
• All applicable required data outlined in Part 2, Section B, 3a through 3i of the Compliance
and Reporting Guidance: https://home.treasury.gov/system/files/136/SLFRF-Compliance-
and-Reporting-Guidance.pdf
The Subrecipient must provide reporting for all reporting periods where project activities and/or
payments took place.
The County will provide the Subrecipient with a link to submit all required reports.
Report Dates
The Subrecipient shall submit quarterly reports per the schedule below.
Period Covered (Reporting Period) Due Date
Award Date – September 30, 2021 October 15, 2021
October 1 – December 31, 2021 January 15, 2022
January 1 – March 31, 2022 April 15, 2022
April 1 – June 30, 2022 July 15, 2022
July 1 – September 30, 2022 October 15, 2022
October 1 – December 31, 2022 January 15, 2023
January 1 – March 31, 2023 April 15, 2023
April 1 – June 30, 2023 July 15, 2023
July 1 – September 30, 2023 October 15, 2023
October 1 – December 31, 2023 January 15, 2024
January 1 – March 31, 2024 April 15, 2024
April 1 – June 30, 2024 July 15, 2024
July 1 – September 30, 2024 October 15, 2024
October 1 – December 31, 2024 January 15, 2025
January 1 – March 31, 2025 April 15, 2025
April 1 – June 30, 2025 July 15, 2025
July 1 – September 30, 2025 October 15, 2025
October 1 – December 31, 2025 January 15, 2026
January 1 – March 31, 2026 April 15, 2026
April 1 – June 30, 2026 July 15, 2026
July 1 – September 30, 2026 October 15, 2026
October 1 – December 31, 2026 January 31, 2027
2. Annual Reports
Subrecipients receiving funding over multiple years may be required to submit annual reports to
the County. The Board of Commissioners will review the program/project performance and
determine if the funding will continue.
The County will provide the Subrecipient with a link to submit all required reports.
3. Reporting Requirements
The Subrecipient may be requested to provide data and an accompanying narrative
demonstrating how the program is performing as intended. In the grant application, grant
recipients were asked to identify how they would measure success of their program and should
consider this in their response.
Subrecipients external to the County may also be requested to submit their annual financial
statement and other audit reports on an annual basis.
Initials and date
Attachment D – Insurance Provisions
A. COVERAGE
COVERAGE AFFORDED MINIMUM LIMITS OF LIABILITY
Workers’ Compensation Employer’s Liability Coverage with minimum limits of
Bodily injury by Accident: $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
Commercial General Liability $1,500,000 each occurrence
$3,000,000 general aggregate
$3,000,000 Products and completed operations
general aggregate
Automobile Liability Insurance $1,500,000
combined single limit to include
any vehicle
Professional Liability $2,000,000 each occurrence
$4,000,000 aggregate
B. INSURANCE CONDITIONS
1. GENERAL CONDITIONS: The Subrecipient agrees to, at its own expense, purchase and
maintain at all times during the life of this contract the herein stipulated minimum insurance
with companies duly licensed, possessing a minimum current A.M. Best, Inc. Rating of A- FSC
VIII, or approved unlicensed companies in the State of Minnesota with policies and forms
satisfactory to Wright County. All policies will contain an endorsement providing that written
notice be given to the County at least ten (10) calendar days prior to termination,
cancellation or reduction in coverage in any policy.
2. WAIVER OF SUBROGATION OR TRANSFER OF RIGHTS OF RECOVERY: The policies required
herein, except Professional Liability, shall contain a waiver of subrogation or in the alternative, a
waiver of transfer of rights of recovery against Wright County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of the Subrecipient’s work
or service.
3. ADDITIONAL INSUREDS: The insurance policies required by this Contract, except Workers’
Compensation and Professional Liability, shall name Wright County, its agents, representatives,
officers, directors, officials and employees as Additional Insured with a CG 20 10 or similar
endorsement. The Subrecipient agrees that the insurance required herein will be primary and
that any insurance carried by the County will be excess and not contributing. All insurance
policies of the Subrecipient shall be primary in relation to the Additional Insured.
4. ENDORSEMENTS AND CERTIFICATE: The following provisions are also required for the
insurance(s), and evidence of such shall be satisfied by Certificate(s) and Endorsements. An
insurance company authorized to transact business in the State of Minnesota shall issue the
Certificates. The Subrecipient shall, within ten (10) days after award of bid, furnish the County
with Certificates of Insurance for the required insurance coverage. Endorsements for the
Waiver of Transfer of Rights and Additional Insured shall be provided as indicated above ,
unless contained within the basic policy(ies) and then confirmed by written statement signed
by the insurance agent, broker and/or underwriter in a form acceptable to the County.
“Wright County, a body politic and corporate of the State of Minnesota, its Board members, officers,
employees, agents, and other officials” shall be listed as the certificate holder. If room does not
permit, this verbiage can be entered into the description of operations. However, if the latter
method is used, the certificate holder shall be listed only as Wright County, Minnesota, Attn: Risk
Management, 3650 Braddock Ave NE Buffalo MN.
5. SUBCONTRACTORS: In the event any of the Work is subcontracted, the Subrecipient
shall require the subcontractor to provide Workers’ Compensation insurance for all of t he
subcontractor’s employees engaged in the Work, unless such employees are covered by the
protection afforded by the Subrecipient’s Workers’ Compensation insurance. In case any
class of employees engaged in hazardous work under the Contract is not protected under
the Workers’ Compensation statute, the Subrecipient shall provide, and shall cause each
subcontractor to provide, adequate employer's general liability insurance for the protection
of such of their employees as are not otherwise protected.
6. PROFESSIONAL LIABILITY (Errors & Omissions): Professional liability insurance carried by
the Subrecipient must cover all elements of the project including professional services
performed by subcontractors. If the Subrecipient’s professional liability insurance does not
provided coverage for work performed by subcontractors, separate project insurance will be
required to comply with the professional liability insurance requirement. The County may
require a copy of the professional liability insurance policy to verify coverage.
The vendor agrees to defend, indemnify and hold Wright County, its employees and officials
harmless from any claims, demands, actions or causes of action, including reasonable
attorney’s fees and expenses arising out of any act or omission on the part of the vendor, or its
subcontractors, partners or independent contractors or any of their agents or employees in
the performance of or with relation to any of the work or services to be performed or furnished
by the vendor or the subcontractors, partners, or independent contractors or any of their
agents or employees under the agreement.
When a self-insured retention (SIR) or deductible exceeds $25,000, Wright County reserves the
right, but not the obligation, to review and request a copy of Subrecipient’s most recent
annual report or audited financial statement. For policies written on a “Claims-Made” basis,
Subrecipient agrees to maintain a Retroactive Date prior to or equal to the effective date of
this contract. In the event the policy is canceled, non- renewed, switched to an Occurrence
Form, retroactive date advanced; or any other event triggering the right to purchase a
Supplemental Extended Reporting Period (SERP) during the life of this contract, Subrecipient
agrees to purchase a SERP with a minimum reporting period not less than two (2) years. The
requirement to purchase a SERP shall not relieve Subrecipient of the obligation to provide
replacement coverage.
Initials and date
Attachment E – Grant Application
2/8/23, 6:23 AM https://www.co.wright.mn.us/Admin/FormCenter/Submissions/Print/2656
https://www.co.wright.mn.us/Admin/FormCenter/Submissions/Print/2656 1/3
Print
Wright County Water Quality Grant Program Application
Applicant Name*
The City of Otsego
Address Line 1*
13400 90th Street NE
Address Line 2
City*
Otsego
State*
MN
Zip*
55330
Federal Tax ID*
41-0919123
MN State Tax ID*
9776815
Contact Name*
Adam Flaherty
Phone Number*
7634414414
Email Address*
aflaherty@ci.otsego.mn.us
Project Information
Wright County Water Quality Grant Program Application - Submission #2656
Date Submitted: 2/7/2023
2/8/23, 6:23 AM https://www.co.wright.mn.us/Admin/FormCenter/Submissions/Print/2656
https://www.co.wright.mn.us/Admin/FormCenter/Submissions/Print/2656 2/3
Project Name*
Ostego Creek Restoration Project
Location*
Otsego, MN (see location map in attached drawing)
Description*
The City is seeking grant funding for its Otsego Creek Restoration Project. The proposed project will improve approximately
1,600 linear feet of Otsego Creek. Project improvements will include remeandering the main channel, creating oxbows, adding
overflow berms, installing turf reinforcement mats, conducting select tree removal, reseeding banks, and creating a no mow
buffer around the creek. The City has completed planning work for the project and is working on preparation of engineering
plans now. The City is seeking grant funding for the construction of the project. Construction is anticipated to begin in Fall
2023.
Map/Drawing*
Project Plans.pdf
Please upload document for location of
project.
Total Project Cost*
$503,431
Grant Amount Requested*
$377,573
Questions
Describe what you are trying to achieve and how you intend to achieve those results, including the type and quantity of
projects and/or practices and how will the project protect and improve water quality?*
Otsego Creek is the regional drainage ditch for approximately 14 square miles in southeastern Wright County. The creek
conveys runoff from Otsego, St. Michael, Monticello, and Albertville to the Mississippi River. The City of Otsego is requesting
funding for their proposed project to realign and restore a section of Otsego Creek in order to improve water quality within the
creek and increase the hydraulic capacity to ensure the drainage way can continue to serve the developing watershed.
The watershed was historically dominated by agricultural land uses but has developed more recently into residential,
commercial, and industrial land uses. The change in land use increased the runoff volume to the creek as well as peak flow
rates within the creek. These increases have led to increased bank erosion which impacts fish and wildlife habitat and can
increase potential of flooding of adjacent properties. The City of Otsego recognized the importance of this drainage feature
and in 2003 created a plan to ensure Otsego Creek can serve the developing area which remains in place today. Key parts of
the plan were to obtain easements or place the creek within City-owned land to ensure the City can effectively management
and maintain the creek. This will also allow the City to restore and realign the creek to address bank erosion, improve water
quality within the creek, and maintain hydraulic capacity to minimize flooding of adjacent properties.
The proposed project will be the second improvement to the creek the City has undertaken. The City previously restored
10,600 linear feet of the Creek upstream of the proposed project site in 2007. The City has observed in the 15 years since that
project was completed, the project was able to meet its goals of improved in-creek water quality, reduced flood impacts to
adjacent properties, and effectively addressed bank and streambed erosion.
Using similar practices as the 1st project, the City plans to achieve similar benefits by improving approximately 1,600 linear
feet of the creek by this project. Project improvements will include remeandering the main channel, creating oxbows, adding
overflow berms, installing turf reinforcement mats, conducting select tree removal, reseeding banks, and creating a no mow
buffer around the creek. In following its 2003 plan for Otsego Creek, the City placed a city owned outlot over the creek and its
buffer. The City’s ownership of the creek and its buffer area allows the City to continue to maintain the project in perpetuity so
that the improvements to water quality are maintained.
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Will the municipality take over management of the ditch system?*
In preparation for this project, the City of Otsego placed a city owned outlot over the creek and it’s buffer. The City’s ownership
of the creek and its buffer area allows the City to continue to maintain the project in perpetuity so that the improvements to
water quality are maintained.
How will this project impact the benefitted landowners and positively impact overall ditch system?*
The realignment and meanders of the project will increase the resiliency of the Creek long term by improving the channel
stability and hydraulic capacity of the channel which will allow the creek to be resilient to further increases to flow and volume.
The proposed turf mats will repair erosion and stabilize the creek where existing damage is. The oxbows will create new offline
habitat for fish and terrestrial wildlife species.
The overall project will improve the management of stormwater and high flow conditions within the Otsego Creek watershed by
stabilizing the corridor and providing permanent access to the creek by dedicating the area as outlot. Creating permanent
access to the creek allows the City to conduct ongoing maintenance of the project area.
Where applicable, identify the reduction in pollutant(s) that will be achieved or avoided for the water resource if this project
is completed. Examples: sediment, phosphorus, hydrologic benefits, climate resiliency, enhancement of aquatic and terrestrial
wildlife species, groundwater protection.*
The project will decrease sediment loading to Otsego Creek and the Mississippi River by addressing areas of bank erosion by
adding meanders, native vegetation and turf erosion mats to further stop undercutting of banks. The project will improve
aquatic and terrestrial wildlife species habitat by following DNR culvert guidance related to aquatic passage, creating a no
mow buffer around the creek which can serve as a wildlife corridor, and creating oxbows which provide offline habitat for fish
and amphibians.
Otsego Creek is part of the Upper Mississippi River TMDL for E.Coli. The project will reduce bacteria loading to the creek
through the creation of buffers around the creek which is one of the TMDL’s identified methods for load reduction.
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