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RES 2024-80 Authorizing an Aggregate Tax Fund Grant Agreement Between Wright County and the City of OtsegoCITY 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. 1 ADOPTED by the Otsego City Council this 28th day of October, 2024. MOTION BY: SECONDED BY. IN FAVOR: OPPOSED. Dunlap Moores Stockamp, one Dahl, Dunlap, and Moores 2 CITY OF OTSEGO i' V 6 1 lv l C V Jessica L. Stockamp, M yor ATTEST: Audra Etzel, City Clerk r0aWRIGHT COUNTY fim MINNESOTA AGREEMENT BETWEEN WRIGHT COUNTY AND CITY OF OSTEGO Wright County Aggregate Tax Fund Grant Agreement 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 Ci1y 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 loaner/ 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. 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 An$IUSt 31, 20.4 or until all obligations set forth in this Grant Agreement have been satisfactorily fulfilled, whichever occurs first. 4. CANCELLATION: This Grant Agreement maybe 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@a,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 11, paragraph B. The GRANTEE'S Authorized Representative for purposes of administration of this Grant Agreement is KURT NEIDERMEIER, UTILITY MANAGER, 13400 90'h 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 prop"erty 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: By: Title: Date: EXHIT A WORK PLAN, BUDGET, AND DOCUMENTATION Grantee: City of Ottego 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