Item 3.8 Wright County Grant Observation Well
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Utilities Utility Manager Neidermeier October 28, 2024
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Attorney Kendall
3.8 – Grant Acceptance
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
X Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending adoption of a resolution authorizing a grant agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Staff received notification in August 2024 that the City was awarded an Aggregate Tax Fund Grant from Wright County in
the amount of $40,000.00 for the installation of a Mt. Simon Observation well with surrounding prairie establishment.
This observation well provides local and regional data of aquifer levels using instrumentation to monitor on an hourly
basis. The well is required by the Minnesota Department of Natural Resources within the City’s Municipal Water
Appropriation Permit 2005-3146 and location approved by DNR Hydrologist for the City property at Odean Avenue and
75th Street.
Funding support from this grant will assist project costs including engineering, well installation, prairie establishment,
staff monitoring and reporting requirements. This location has been additionally reviewed, acknowledged and
recommended by City Engineers Wagner and Schaefer and Emergency Services Director Rausch.
Pending approval from the City Council, City Attorney Kendall will review the grant agreement between the City and
Wright County prior to staff executing the agreement.
SUPPORTING DOCUMENTS ATTACHED:
• Resolution 2024-80
• Aggregate Tax Fund Grant Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2024-80 Authorizing an Aggregate Tax Fund Grant Agreement between Wright County
and the City of Otsego and to authorize City staff to execute the agreement upon favorable review by the City
Attorney.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-80
AUTHORIZING AN AGGREGATE TAX FUND GRANT AGREEMENT
BETWEEN WRIGHT COUNTY AND CITY OF OTSEGO
WHEREAS, Wright County (hereinafter “COUNTY”) within MN statute 298.75 offers grant funding support to projects with
an environmental objective to benefit water resources. These funds are available through the Aggregate Material
Production Tax Reserve Fund and awarded to cities within Wright County; and
WHEREAS, an application has been submitted to the COUNTY for a portion of the funds needed to install an observation well
for aquifer level trending located in the City of Otsego; PID 118-326-000040 and approved for funding with a Grant Agreement
established; and
WHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the services set forth herein and the City of
Otsego recognizes funds received through the Program must be used in a manner consistent with the conditions or limitations
of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. GRANTEE'S DUTIES: The GRANTEE shall construct an observation well in the Mt. Simon aquifer, with a nominal
diameter of 2 inches no larger than 4 inches with a screen length of 10 feet. Well, the location must be approved by
the Area Hydrologist before construction. Once Constructed, the well must be surveyed for location, measuring point
elevation, and all elevation in DATUM NAVD88. The well, shall be instrumented with a data logger/ pressure
transducer set to record hourly to record depth to water measurements. Manual measurements shall be collected
once a month." (hereinafter “the project”). Said project and the requirements are more fully described in Exhibit A,
which is incorporated by reference and made a part of this Agreement.
2. The GRANTEE agrees to complete the project in accordance with the approved budget to the extent practicable and
within the project period specified in the Agreement. Any material change in the scope of the project, budget or
completion date shall require prior written approval by the COUNTY.
2
ADOPTED by the Otsego City Council this 28th day of October, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
AGREEMENT BETWEEN WRIGHT COUNTY
AND CITY OF OSTEGO
THIS Grant Agreement, and amendments and supplements thereto, is between Wright County (hereinafter "COUNTY")
and NAME, a local unit of Government (hereinafter "GRANTEE").
WHEREAS, Under Minnesota Statute 298.75 Aggregate Material Removal; Production Tax provides a special reserve
fund is hereby established for expenditure for the restoration of abandoned pits, quarries, or deposits located within the
county. If there are no abandoned pits, quarries, or deposits located within Wright County, this special reserve fund shall
be used for any other unmet reclamation needs, conservation projects, or other environmental needs.
WHEREAS, an application has been submitted to the COUNTY for a portion of the funds needed to install an observation
well for aquifer level trending located in the City of Otsego; PID 118326000040.
WHEREAS, the GRANTEE represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE, it is agreed:
1. GRANTEE'S DUTIES: The GRANTEE shall construct an observation well in the Mt. Simon aquifer, with a
nominal diameter of 2 inches no larger than 4 inches with a screen length of 10 feet. Well, the location must be
approved by the Area Hydrologist before construction. Once Constructed, the well must be surveyed for location,
measuring point elevation, and all elevation in DATUM NAVD88. The well, shall be instrumented with a data
logger/ pressure transducer set to record hourly to record depth to water measurements. Manual measurements
shall be collected once a month." (hereinafter “the project”). Said project and the requirements are more fully
described in Exhibit A, which is incorporated by reference and made a part of this Agreement,
The GRANTEE agrees to complete the project in accordance with the approved budget to the extent practicable
and within the project period specified in the Agreement. Any material change in the scope of the project, budget
or completion date shall require prior written approval by the COUNTY.
2. CONSIDERATION AND TERMS OF PAYMENT:
A. CONSIDERATION: Consideration for all services performed by GRANTEE pursuant to this grant
Agreement shall be paid by the COUNTY as follows:
1. REIMBURSEMENT: Reimbursement of an amount not to exceed $40,000.00 will be payable to
GRANTEE as set out in Attachment A.
2. THE TOTAL COUNTY OBLIGATION FOR ALL COMPENSATION AND REIMBURSEMENTS
TO THE GRANTEE SHALL NOT EXCEED $40,000.00. Funds made available pursuant to this
Agreement shall be used only for expenses incurred in performing and accomplishing the purposes
and activities specified herein. Notwithstanding all other provisions of this Agreement, it is
understood that any reduction or termination of funds received by the COUNTY may result in a like
reduction to the GRANTEE.
Wright County
Aggregate Tax Fund
Grant Agreement
Where provisions of the GRANTEE'S project nomination are inconsistent with other provisions of
the Agreement, the other provisions of this Agreement shall take precedence over the provisions of
the project nomination.
B. PAYMENT/DISBURSEMENT SCHEDULE: The COUNTY shall disburse funds to the GRANTEE
pursuant to this Agreement on a reimbursement basis, based upon a payment request and required
expenditure documentation submitted by the GRANTEE and reviewed and approved by the COUNTY.
The GRANTEE shall be limited to no more than four payment requests during the period covered by this
Agreement. The GRANTEE shall submit a final billing within 30 days of the end of the project period.
C. GENERAL CONDITIONS
1. The GRANTEE acknowledges that these funds are proceeds from Wright County, Aggregate
Material Removal Production Tax Fund (hereinafter the “Aggregate Fund”), subject to certain legal
restrictions and requirements, including Wright County Ordinance Chapter 111. The GRANTEE is
responsible for compliance with this, and all other relevant laws and regulations promulgated
pursuant thereto governing the proceeds of the Aggregate Fund in the fulfillment of the project.
2. All services provided by the Grantee pursuant to this Agreement shall be performed to the
satisfaction of the County, as determined at the sole discretion of its Authorized Representative, and
in accord with all applicable federal, state, and local laws, ordinances, rules, and regulations. The
Grantee shall not receive payment for work found by the County to be unsatisfactory or performed
in violation of federal, state or local law, ordinance, rule or regulation.
3. The GRANTEE agrees to maintain and keep in place restorations, reclamations, and conservation
practices funded through the Aggregate Tax Fund for a period of 10 years. In the event that this
contract is breached, the Grantee must reimburse the county.
3. EFFECTIVE DATES: This GRANTEE shall perform the activities outlined in the approved project scope during
the period from the date this agreement is fully executed and shall remain in effect until August 31, 2026, or
until all obligations set forth in this Grant Agreement have been satisfactorily fulfilled, whichever occurs first.
4. CANCELLATION: This Grant Agreement may be canceled by the COUNTY or GRANTEE at any time, with
cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, GRANTEE
shall be entitled to reimbursement for expenses incurred or work or services satisfactorily performed to the date
notification of cancellation was received.
The COUNTY may cancel this Grant Agreement immediately if the COUNTY finds that there has been a failure
to comply with the provisions of this Grant Agreement or that reasonable progress has not been made, or that the
purposes for which the funds were granted have not been or will not be fulfilled. The COUNTY may take action
to protect the interests of Wright County, including the refusal to disburse additional funds and require the return
of all or part of the funds already disbursed.
5. AUTHORIZED REPRESENTATIVES: The County Authorized Representative for the purposes of
administration of this Grant Agreement is Lindsey Meyer, Finance Director, 3650 Braddock Avenue NE, Buffalo,
MN 55313; lindsey.meyer@co.wright.mn.us. Such representative shall have final authority for acceptance of
GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted
pursuant to clause II, paragraph B. The GRANTEE'S Authorized Representative for purposes of administration
of this Grant Agreement is KURT NEIDERMEIER, UTILITY MANAGER, 13400 90th STREET, OTSEGO,
MN 553303 AND kneidermeier@ci.otsego.mn.us The GRANTEE'S Authorized Representative shall have full
authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this Grant
Agreement.
6. ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior written consent of the COUNTY.
7. AMENDMENTS: Any amendments to this Agreement shall require prior written approval by the COUNTY.
Any such amendments to this Grant Agreement shall be in writing and shall be executed by the same parties who
executed the original Grant Agreement or their successors in office.
8. LIABILITY: GRANTEE shall indemnify, save, and hold the COUNTY, its representatives and employees
harmless from any and all claims or causes of action, including all attorneys' fees incurred by the COUNTY,
arising from the performance of this Grant Agreement by GRANTEE or GRANTEE'S agents or employees. This
clause shall not be construed to bar any legal remedies GRANTEE may have for the COUNTY'S failure to fulfill
its obligations pursuant to this Grant Agreement.
9. AUDITS: The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to
this Grant Agreement shall be subject to examination by the COUNTY for a minimum of six years from the end
of this Grant Agreement.
10. GOVERNMENT DATA PRACTICES ACT: (if applicable) The GRANTEE must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the
COUNTY in accordance with this Agreement, and as it applies to all data, created, collected, received, stored,
used, maintained, or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of
Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the
GRANTEE or the COUNTY.
In the event the GRANTEE receives a request to release the data referred to in this Article, the GRANTEE must
immediately notify the COUNTY. The COUNTY will give the GRANTEE instructions concerning the release of
the data to the requesting party before the data is released.
12. PUBLICITY/ACKNOWLEDGMENT/SIGNAGE: GRANTEE agrees to acknowledge the County’s Aggregate
Fund’s financial support for this project. Any statement, press release, bid, solicitation, or other document issued
describing the project shall provide information on the amount and proportion of Aggregate Fund money
supporting the total cost of the project and will contain language substantially similar to:
The Wright County Aggregate Tax provided funding for this project.
13. WORKERS' COMPENSATION: GRANTEE shall provide acceptable evidence of compliance with the workers'
compensation insurance coverage requirement of Minn. Stat. §176.181, subd. 2.
14. ANTITRUST: GRANTEE hereby assigns to the County of Wright any and all claims for overcharges as to goods
and/or services provided in connection with this Agreement resulting from antitrust violations which arise under
the antitrust laws of the United States and the antitrust laws of the State of Minnesota.
15. PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) Prime contractors GRANTEE IS
required to pay subcontractors pursuant to Minn. Stat. ' 16A.1245.
16. JURISDICTION AND VENUE: This Grant Agreement and executed amendments thereto, shall be governed by
the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Grant Agreement, or breach
thereof, shall be in the state or federal court with competent jurisdiction in Wright County, Minnesota.
17. REPORTING REQUIREMENTS: The GRANTEE shall submit status reports to the COUNTY by the end of
December of each year and a final report at the end of the Grant period prior to receiving final reimbursement.
18. RESOURCE MANAGEMENT AND PROTECTION: The GRANTEE shall protect, manage and maintain, or
cause to maintain, the property pursuant to this Agreement. Properties shall be kept reasonably safe for public use,
if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation
management and similar safeguards and supervision shall be provided to the extent feasible. Trails and other
structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to
prevent undue deterioration. Failure to adequately manage, maintain and properly protect the resources and
property assisted through this agreement may result in the withholding by the COUNTY of any current or future
payments to the GRANTEE related to this or any future projects related to the Aggregate Fund.
If it is appropriate, given the project plan and purpose, to grant public access to the land, the GRANTEE shall
keep the facility open to the general public at reasonable hours and at times of the year consistent with the
purpose and type of use of the property and appropriate management and protection of natural resources.
19. AMERICANS WITH DISABILITIES ACT:
Nonstructural facilities, such as trails, should be designed using guidelines in the Recommendations for
Accessibility Guidelines: Recreational Facilities and Outdoor Developed Areas.
20. NATIVE PLANT SPECIES: Vegetation planted must be native to Minnesota and of the local ecotype unless the
work program approved by the COUNTY expressly allows the planting of species that are not native to
Minnesota or of local ecotype.
21. INSPECTIONS: The COUNTY'S authorized representatives shall be allowed at any time to conduct periodic site
visits and inspections to ensure work progress in accordance with this Agreement, including a final inspection
upon project completion.
Following the closure of the project, the COUNTY'S authorized representatives shall be allowed to conduct post -
completion inspections of the site to ensure that the site is properly operated and maintained and that no
conversion of use has occurred for a period of 15 years after completion.
22. OTHER PROVISIONS: A copy of this agreement and all incorporated elements shall be permanently maintained
on file by the GRANTEE.
23. AGREEMENT EXECUTION
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, intending to be bound
thereby.
ORGANIZATION NAME:
By:
Title:
Date:
COUNTY OF WRIGHT
By:
Title:
Date:
EXHIT A
WORK PLAN, BUDGET, AND DOCUMENTATION
Grantee: City of Ostego
Project Name: PID 118326000040 – Otsego Aquifer Observation Well
Grant Amount: $40,000
Project Description: Identified in EXHIBIT B.
Project Location: SECT-31 TWP-121 RANGE-023 UNPLATTED LAND OTSEGO 1.50 AC THAT PART OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 121, RANGE 23, WRIGHT
COUNTY, MINNESOTA,
Project Components Grant Amount
Engineering: Project design, bid, execute, survey
$5,000
Well Contractor: Observation well drill and components $67,000
Electrical & Instrumentation Services: Monitoring equipment - transducer
and sounder, Instrumentation panel link – wired. Logic programming &
communication
$15,000
Site work: Prairie seeding & establishment $1,000
TOTAL
$88,000
Documentation Required for Reimbursement:
1. Statement that the project will remain for 15 years.
2. A copy of the submitted Management Plan developed for the project.
EXHBIT B – Project Location