HomeMy WebLinkAboutVIII-06 Accept MN Department of Natural Resources NCLI Mini Grant
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Paige Marschall Bigler, Recreation Program Specialist
Date: May 13, 2024
Item: MN DNR NCLI Mini Grant
Council Action Requested: Accept the Minnesota Department of Natural
Resources, No Child Left Inside Mini Grant.
Background Information: The MN DNR No Child Left Inside Mini Grant
program aims to support and increase efforts to expand programming that
connects youth to the outdoors. Originally funded by MN Legislature with
continued funding from the legislative sessions.
City staff submitted a proposal to fund snowshoes, poles & an environmental
educator to provide outdoor programs which was ultimately selected for
$5,000 of funding.
The planning and implementation efforts, led by staff, will consist of
developing programs and a Recreation Equipment Library.
Financial Impact:
Total costs based on scope of work is $5,000 which will be reimbursed by
MN DNR.
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
▪ Contract Agreement
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STATE OF MINNESOTA GRANT CONTRACT AGREEMENT
This grant contract agreement is between the State of Minnesota, acting through its Commissioner of Department of Natural Resources ("STATE") and City of Hastings Parks and Recreation, 101 4th Street
East, Hastings, MN, 55033. ("GRANTEE").
Recitals 1. Under Minn. Stat. 84.026 subd. and Minn. Stat. 97A.057 subd. 2, the State is empowered to enter into this grant.
2. Developing a grants program for statewide groups is one strategy the State is using to provide “outdoor
environmental, ecological, and other natural-resource-based education and recreation programs serving youth” (Minn.Stat.§ 84.976, Subd. 1.) 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: 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:
2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). 2.2 Perform the duties specified in Exhibit A, which is attached and incorporated into this grant contract agreement.
2.3 Acquire pre-approval for any changes to project objectives, audience, timeline and/or budget outlined in Exhibit A. All requests for changes must be submitted in writing and approved by the State’s Authorized Representative prior to implementation.
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:
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(a) Compensation The Grantee will be paid $5,000.00 after Grantee presents an invoice with appropriate documentation for expenditures as described in Exhibit B: Budget Worksheet, which is attached and incorporated into this grant contract agreement.
(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 $5,000.00
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, in compliance with the State’s Payment Request and Project Interim and Final Report Summary forms, and according to the following schedule: Upon completion of services. Final invoices to be submitted no later than July 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
(a) Any services and/or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process.
(b) Services and/or materials that are expected to cost between $25,000 and $99,999 must
be competitively awarded based on a minimum of three (3) verbal quotes or bids.
(c) Services and/or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a minimum of two (2) verbal quotes or bids or awarded to a targeted vendor.
(d) The grantee must take all necessary affirmative steps to assure that targeted vendors from
businesses with active certifications through these entities are used when possible:
a. State Department of Administration's Certified Targeted Group, Economically
Disadvantaged and Veteran-Owned Vendor List
b. Metropolitan Council Underutilized Business Program: MCUB: Metropolitan
Council Underutilized Business Program
c. Small Business Certification Program through Hennepin County, Ramsey County, and City of St. Paul: Central Certification Directory
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(e) The grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts.
(f) The grantee must maintain support documentation of the purchasing or bidding process used to contract services in their financial records, including support documentation justifying a single/sole source bid, if applicable.
(g) Notwithstanding (a) - (d) above, the State may waive bidding process requirements when:
• Vendors included in response to competitive grant request for proposal process were approved and incorporated as an approved work plan for the grant
• It is determined there is only one legitimate or practical source for such materials or services
and that grantee has established a fair and reasonable price.
(h) 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.
(i) The grantee must not contract with vendors who are suspended or debarred in MN: https://mn.gov/admin/osp/government/suspended-debarred/index2.jsp
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 Amber Kastner, Outreach Grants Specialist, 651-259-5193, amber.kastner@state.mn.us, 500 Lafayette Road, St. Paul, MN, 55155, 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 Paige Marschall Bigler, Recreation Program Specialist, 651-480-6182, pmarschall@hastingsmn.gov, 920 West 10th Street, Hastings, MN, 55033. 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 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.
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7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete
This grant contract 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 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.
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.
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. 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 (a) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the
works and documents created and paid for under this Contract. The “works” means all inventions,
improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Contract.
“Works” includes documents. The “documents” are the originals of any databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this Contract. The documents will be the exclusive property of the State and all such documents must be
immediately returned to the State by the Grantee upon completion or cancellation of this
Contract. To the extent possible, those works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right,
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title, and interest it may have in the works and the documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the works and documents.
(b) Obligations (1) Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this Contract, the
Grantee will immediately give the State’s Authorized Representative written notice thereof,
and must promptly furnish the State’s Authorized Representative with complete information and/or disclosure thereon. (2) Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the works and documents are the sole property of the State,
and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and
to the works and documents. The Grantee represents and warrants that the works and documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense,
from any action or claim brought against the State to the extent that it is based on a claim that
all or part of the works or documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at
the State’s discretion, either procure for the State the right or license to use the intellectual
property rights at issue or replace or modify the allegedly infringing works or documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law.
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 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, or its breach, must be in the appropriate state or
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federal court with competent jurisdiction in Ramsey County, Minnesota.
14 Termination 14.1 (a) 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.
(b) Termination by The Commissioner of Administration The Commissioner of Administration may unilaterally cancel this grant contract agreement if further
performance under the agreement would not serve agency purposes or is not in the best interest of the
State.
14.2 Termination for Cause The State may immediately terminate this grant contract 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.
14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract 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 contract 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.
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. 16 Invasive Species Requirements The State requires active steps to prevent or limit the introduction, establishment, and spread of
invasive species when working on or entering into land under the control of the State, or during
State- funded work. All parties involved in the project shall prevent invasive species from entering into or spreading within a project site by cleaning equipment vehicles, gear, and/or clothing prior to arriving at the project site and after completion of the project.
If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material,
mulch, vegetation (including seeds) or animals, it shall be cleaned by operator- furnished tools or
equipment (brush/broom, compressed air or pressure washer) at the staging area. The operator shall
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dispose of material cleaned from equipment and clothing at a location determined by the State Wildlife Area Manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite.
The operator shall ensure that all equipment and clothing used for work in infested waters has been
adequately decontaminated for invasive species (e.g., zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats,
turbidity curtain, sheet pile, and pumps that come in contact with any infested waters must be thoroughly decontaminated.
17 Pollinator Habitat Enhancement
Habitat restorations and enhancements conducted on State lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. § 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season.
Current specific practices and guidelines to be followed for contract and grant work can be found on
the State's website under MN Pollinator Resources.
18 Monitoring The State shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement, including a final inspection upon program
completion. At least one monitoring visit per grant period on all state grants of over $50,000 will be
conducted and at least annual monitoring visits on grants of over $250,000.
19 Conflict of Interest It is the policy of the State of Minnesota to work to deliberately avoid actual and potential conflicts of interest related to grant making at both the individual and organizational levels. A conflict of interest
(actual or potential) 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. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and,
throughout the term of the contract, monitor and report any actual or potential conflicts of interest to the
State’s Authorized Representative.
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Signature Page for: Grant Agreement between (“Grantee”) and the Minnesota Department of Natural Resources (“State”).
1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15
Signed:
Date:
SWIFT Contract/PO No(s).
2. GRANTEE
The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
3. STATE AGENCY
By: (with delegated authority) Title:
Date:
246289 / 3-250445
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April 2, 2024
Mayor
April 2, 2024
April 7, 2024
Director
VIII-06
Exhibit A
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Snowshoeing Hastings Parks
4/01/2024 06/01/2025
The No Child Left Inside Program proposed by the City of Hastings Park and Recreation Department aims to address the growing disconnection
between today’s youth and the natural environment. In a time of indoor play and screen usage, Hastings proposes an initiative to encourage and
support the reintroduction of children to the wonders of the winter months and fostering a lifelong appreciation for nature. Program Objectives
include 1) Education programming to develop and implement educational programs to focus on snowshoeing but also inclusion of the local
ecosystems, environmental stewardship, seasonal changes specific to Minnesota while encouraging a sense of adventure among participating
youth. 2) Collaboration with the Hastings School District, Tilden Community Center, community organizations and families to create a network for
the No Child Left Inside Initiative. A primary goal of community engagement is the involvement in programming, community events and shared
commitment of connecting children with nature. 3) This grant would expand our free nature-focused rental library that offers a variety of equipment
for participating youth along with the aim of creating a ripple effect, influencing families and community members to engage in outdoor
experiences through addressing the equitable access need of equipment for engagement. The No Child Left Inside initiative aspires to be a
catalyst of positive change for Hastings youth. By reconnecting child with the wonders of the natural world, we aim to not only instill an
appreciation for our environment but also create a learning environment through strategic collaboration, intentional programming, and a
commitment to creating a sustainable impact on the well-being of our community and the planet.
Staff time for developing/implementation of program, community 1,480
outreach and grant management
30 pairs of Snowshoes and Poles $4,350
Environmental Educator(s) 650
5,000 1,480
Paige Marschall Bigler Digitally signed by Paige Marschall
Bigler
Date: 2023.11.16 09:13:36 -06'00'
Project may be delayed - Start date can not be in advance of contract execution date.
DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D
VIII-06