HomeMy WebLinkAboutVIII-15 Authorize Signature - Minnesota Department of Natural Resources Outdoor Recreation Grant
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: May 2, 2022
Item: Authorize Signature: Minnesota Department of Natural Resources
Outdoor Recreation Grant
City Council Action Requested:
Authorize signature of the attached grant agreement between the City and the
State of Minnesota Department of Natural Resources. The $240,000 grant will
be used for park redevelopment at Isabel Park.
A simple majority vote is required for action.
Background Information:
Isabel Park was identified in 2020 for redevelopment. A Master Plan was
completed, gathering community and neighborhood input, and ultimately a
preferred site plan was selected. Staff applied for a DNR Outdoor Recreation
Grant for this park redevelopment, and we were recently notified this project was
selected for funding.
Financial Impact:
This is a matching grant. The City’s budget has allocated $240,000.00 for park
redevelopment which will be combined with grant funding for a total of
$480,000.00 in secured redevelopment funds.
Advisory Commission Discussion:
N\A
Council Commission Discussion:
N\A
Attachments:
Grant Agreement
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STATE OF MINNESOTA
GRANT CONTRACT AGREEMENT – LW27-01449
This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources
("STATE") and City of Hastings (UEI # N3MMRKDL9MN5), 920 West 10th Street, Hastings, MN 55033
("GRANTEE").
Recitals
1. Under Minn. Stat. 84.026, the commissioner of natural resources is authorized to enter into contractual
agreements with any public or private entity for the provision of statutorily prescribed natural resources
services by the department.
2. Pursuant to Minn. Stat. 84.0264, the state is empowered to receive and administer grants under the Land and
Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund
Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent
of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and
maintained by local units of government, providing that any project approved is consistent with a statewide
or a county or regional recreational plan and compatible with the statewide recreational plan. All money
received by the commissioner for local units of government is appropriated annually to carry out the
purposes for which the funds are received.
3. Under the Land and Water Conservation Fund, National Park Service, 15.916, P22AP00385-00 the state
received a federal award on 04/13/2022 for City of Hastings: Park redevelopment including picnic shelter,
walkways, playground, green space, half basketball court, native planting, connectivity and water access
enhancement in Lake Isabel Park. This project is not a research and development project.
4. The Grantee has made application to the State for a portion of the allocation for the purpose of conducting
the project entitled Lake Isabel Park.
5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
contract 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.
Grant Contract Agreement
1 Term of Grant Contract Agreement
1.1 Effective date:
November 22, 2021, Notwithstanding Minnesota Statues, section 16A.41, the Commissioner may make
payments for otherwise eligible grant-program expenditures that are made on or after the effective date
of the appropriation. No payments will be made to the Grantee until this grant contract is fully executed.
1.2 Expiration date:
December 31, 2023, 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: 8. Liability; 9. State
Audits; 10. Government Data Practices and Intellectual Property Rights; 12. Publicity and Endorsement;
13. Governing Law, Jurisdiction, and Venue, 15. Data Disclosure, 24. Land Retention and Deed
Restriction and 25. Resource Management and Protection.
2 Grantee’s Duties
The Grantee, who is not a state employee, will:
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Comply with required grants management policies and procedures set forth through Minn. Stat.16B.97
Subd. 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated and made a part
of this contract.
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 grant contract. Any material change in the
scope of the project, budget or completion date shall require prior written approval by the State.
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:
(a) Compensation
The Grantee will be paid for all services performed pursuant to this grant contract not to exceed
$240,000.00.
(b) Matching Requirement:
Grantee certifies that the following matching requirement for the Grant will be met by Grantee. The
total project cost is $480,000.00. The Grantee agrees to provide a nonstate match of a least
$240,000.00.
(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 $240,000.00.
(d) Indirect Cost Rate. Federal indirect costs are not eligible for reimbursement in the State’s federal award
or this sub-award agreement.
4.2 Payment
(a) The State will promptly pay the Grantee after the Grantee presents a payment request and
required expenditure documentation for the services actually performed and the State's Authorized
Representative accepts the documentation. Invoices must be submitted timely and according to the
following schedule: Upon completion of services or up to four requests during the contract period. A
final reimbursement of no more than 10% may be withheld until final completion of services.
(b) Federal funds. Payments under this grant contract will be made from federal funds obtained by
the State through the National Park Service of the United States Department of Interior, Land and
Water Conservation Fund, 15.916, Act of 1965 as amended thereto. If at any time such funds
become unavailable, this Grant Contract shall be terminated immediately upon written notice of such
fact by the State to the Grantee. In the event of such termination, Grantee shall be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed. The Grantee is
responsible for compliance with all federal requirements imposed on these funds and accepts full
financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal
requirements.
4.3 Contracting and Bidding Requirements
Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law.
(a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per
Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers
should be comparable to wages paid for similar work in the community as a whole.
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(b) (b) The grantee must not contract with vendors who are suspended or debarred in MN or by the Federal Government:http://www.mmd.admin.state.mn.us/debarredreport.asp
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 Audrey Mularie, Grant Coordinator, 500 Lafayette Road, St.
Paul, MN 55155, 651-259-5549, Audrey.mularie@state.mn.us, or his/her successor, and has the
responsibility to monitor the Grantee’s performance and the authority to accept the services provided
under this grant contract agreement. If the services are satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative is Chris Jenkins, Parks and Recreation Director, 920 West 10th
Street, Hastings, MN 55033, 651-480-6176, cjenkins@hastingsmn.gov. If the Grantee’s Authorized
Representative changes at any time during this grant contract agreement, the Grantee must immediately
notify the State.
7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete
7.1 Assignment
The Grantee shall neither assign nor transfer any rights or obligations under this grant contract
agreement without the prior written consent of the State, approved by the same parties who executed and
approved this grant contract agreement, or their successors in office.
7.2 Amendments
Any amendments to this grant contract agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract,
or their successors in office.
7.3 Waiver
If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the
provision or the State’s right to enforce it.
7.4 Grant Contract Agreement Complete
This grant contract agreement contains all negotiations and agreements between the State and the
Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any
claims or causes of action, including attorney’s fees incurred by the State, arising from the performance
of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will
not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its
obligations under this grant contract agreement.
9 Audits (State and Single)
Under Minn. Stat. §16B.98, subd. 8 and 2 CFR 200.331, 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,
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receipt and approval of all final reports, or the required period of time to satisfy all state and program
retention requirements, whichever is later.
All state and local governments, colleges and universities, and non-profit organizations that expend
$750,000 or more of Federal awards in a fiscal year must have a single audit according to the new OMB
Uniform Guidance: Cost Principles, Audit, and Administrative Awards Requirements for Federal
Awards. This is $750,000 total Federal awards received from all sources. If an audit is completed,
forward a copy of the report to both the State's Authorized Representative and the State Auditor.
10 Government Data Practices and Intellectual Property Rights
10.1 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, as it applies to all data provided by the State under this grant contract, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant
contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to
in this clause by either the Grantee or the State. If the Grantee receives a request to release the data
referred to in this Clause, the Grantee must immediately notify the State. The State will give the
Grantee instructions concerning the release of the data to the requesting party before the data is released.
The Grantee’s response to the request shall comply with applicable law
10.2 Intellectual Property Rights. The State owns any intellectual property developed with these funds.
The federal awarding agency may receive royalty-free, non-exclusive and an irrevocable right to
reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so as
noted in 2 CFR 200.315.
11 Workers Compensation
The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’
compensation insurance coverage. The Grantee’s employees and agents will not be considered State
employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of
these employees and any claims made by any third party as a consequence of any act or omission on the
part of these employees are in no way the State’s obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity
Any publicity regarding the subject matter of this grant contract agreement must identify the State as the
sponsoring agency and must not be released without prior written approval from the State’s Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly
credit the State of Minnesota, including on the grantee’s website when practicable.
12.2 Signage
Any site funded by this grant contract shall display a sign at a prominent location at the entrance to the site
and in a form approved by the State that acknowledges funding through this grant.
12.3 Endorsement
The Grantee must not claim that the State endorses its products or services and the Grantee must adhere to
the terms of 2 CFR 200.315.
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13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement.
Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the
appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State
The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’
written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on
a pro rata basis, for services satisfactorily performed.
14.2 Termination for Cause
The State may immediately terminate this grant contract agreement if the State finds that there has been
a failure to comply with the provisions of this grant contract, that reasonable progress has not been made
or that the purposes for which the funds were granted have not been or will not be fulfilled. The State
may take action to protect the interests of the State of Minnesota, including the refusal to disburse
additional funds and requiring the return of all or part of the funds already disbursed.
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 Affirmative Action and Non-Discrimination
(a) The grantee agrees not to discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance,
membership or activity in a local commission, disability, sexual orientation, or age in regard to any
position for which the employee or applicant for employment is qualified (Minn. Stat. 363A.02). The
grantee agrees to take affirmative steps to employ, advance in employment, upgrade, train, and recruit
minority persons, women, and persons with disabilities.
(b) The grantee must not discriminate against any employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for
employment is qualified. The grantee agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled persons without discrimination based upon their
physical or mental disability in all employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship, (Minnesota Rules, part 5000.3500).
(c) The grantee agrees to comply with the rules and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
17 Americans with Disabilities Act and Final Guidelines for Outdoor Developed Areas
The Grantee is subject to complying with the Americans with Disabilities Act (ADA) of 1990 (42
U.S.C. 12101 et seq.) and all applicable regulations and guidelines. The Grantee must comply with the
2010 American Disabilities Act Standards for Accessible Design. The Grantee shall construct, operate,
and maintain all facilities and programs in compliance with all state and federal accessibility laws,
regulations, and guidelines including the Final Guidelines for Outdoor Developed Areas. Information on
compliance with the Americans with Disabilities Act is available at U.S. Access Board.
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18 Reporting
The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year
during the term of this grant contract. A final report must be submitted with the request for final
reimbursement. Forms will be provided by the State.
19 Inspections
The State’s authorized representatives shall be allowed, at any time, to conduct periodic site visits and
inspections to ensure work progress in accordance with this grant contract, including a final inspection
upon project completion. Following closure of the project, the State’s authorized representatives shall be
allowed to conduct post-completion inspections of the site to ensure that the site is being properly
operated and maintained and that no conversion of use has occurred.
20 Conflict of Interest
It is the policy of the State to work to deliberately avoid actual and potential conflict of interests 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.
21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower
Tier Covered Transactions
21.1 The prospective lower tier participant certifies, by submission of this agreement, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
21.2 Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this agreement.
22 Non-Discrimination Requirements
No person in the United States must, on the ground of race, color, national origin, handicap, age,
religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under, any program or activity receiving Federal financial assistance. Including but not
limited to:
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations
published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin
under programs or activities receiving Federal financial assistance; Title IX of the Education
Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of sex under
Federally assisted education programs or activities.
b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing
regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under
any program or activity receiving or benefiting from Federal assistance.
c) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC implementing
regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or
activities receiving Federal financial assistance.
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d) Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against
qualified individuals with disabilities in services, programs, and activities of public entities.
e) Any other applicable non-discrimination law(s).
23 Minnesota Historical Sites Act and Minnesota Field Archaeology Act
For projects involving land acquisition and/or construction, the State Historic Preservation Office must
review the project to determine if the site is a potential location for historical or archeological findings.
If the State Historic Preservation Office determines that a survey is required, the survey would need to
be completed prior to any site disturbance for development projects and prior to the final reimbursement
of the grant funds for acquisition projects.
24 Land Retention and Deed Restriction
24.1 Land Retention
Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be
retained solely for public outdoor recreation use. The lands subject to this contract are shown in
Attachment B – Boundary Map which is attached and incorporated into this contract. No other use can
be made of these lands without prior written approval of the State and the Secretary of Interior. The
State will consider requests to convert these lands to other uses only if all practical alternatives have
been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value
and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use.
24.2 Deed Restriction
The Grantee shall have the following condition recorded with the deed to all lands within the park as
described in Attachment B – Boundary Map and submit an attested copy of the deed and the condition to
the State:
In order to comply with the Department of Natural Resources Outdoor Recreation Project Contract
LW27-01449, the City of Hastings does hereby impose the following restrictions on the property
described in Attachment B to that contract:
1. The property shall be permanently managed and maintained for public outdoor recreation use.
2. The property has been acquired and/or developed with Land and Water Conservation Fund assistance
and that it cannot be converted to other than public outdoor recreation use without the written approval
of the State acting through its Commissioner of Natural Resources and the Secretary of the Interior.
25 Resource Management and Protection
The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or
developed pursuant to this grant contract. 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.
Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair
throughout their estimated lifetime to prevent undue deterioration.
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.
26 Invasive Species Prevention
Grantees and subcontractors must follow Minnesota DNR’s Operational Order 113, which requires
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preventing or limiting the introduction, establishment and spread of invasive species during activities on
public waters and DNR-administered lands. This applies to all activities performed on all lands under
this grant agreement and is not limited to lands under DNR control or public waters. Operational Order
113 is incorporated into this contract by reference. The grantee shall prevent invasive species from
entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at
the project site.
If the equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation
(including seeds) or animals, it shall be cleaned by Grantee furnished tool or equipment (brush/broom,
compressed air or pressure washer) at the staging area. The Grantee or subcontractor shall dispose of
material cleaned from equipment and clothing at a location determined by the Grantee or their
representative. 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.
27 Pollinator Best Management Practices
Habitat restorations and enhancements conducted on DNR 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 here: Link to
December 2014 version.
28 Force Majeure
Neither party shall be responsible to the other or considered in default of its obligations within this
Contract to the extent that performance of any such obligation is prevented or delayed by acts of God,
war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party
unless the act or occurrence could have been reasonably foreseen and reasonable action could have been
taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance
must provide the other party prompt written notice of the inability to perform and take all necessary
steps to bring about performance as soon as practicable.
28 Program Requirements
The grantee will comply with the provisions of the Land and Water Conservation Fund Act of 1965
(78 Stat. 897), and Attachment C, Federal Land and Water Conservation Fund Program General and
Special Provisions, attached and incorporated into this contract.
29 General and Special Provisions
1. Department of Interior Standard (DOI) Terms and Conditions. DOI Standard Terms and
Conditions apply and are located at https://www.doi.gov/grants/doi-standard-terms-and-
conditions (version effective December 19, 2019-revised June 19, 2020), except the provision
related to the Davis-Bacon Act in Section VII.
2. 2 C.F.R. §200.92 Subaward; 200.101 Applicability; and 200.331 Subrecipients and
contractor determinations. Requirements for passthrough entities applies.
3. Property Management. The Grantee will comply with Property management standards set forth
in 2 CFR §§ 200.310 through 200.316.
4. Lobbying Prohibition. 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by
Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute violations of section
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1352(a) of title 31. In addition, the related restrictions on the use of appropriated funds found in
Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply.
5. Byrd Anti-Lobbying Amendment Certification and Disclosure: (If applicable – For Grants
over $100,000)
a. The Grantee certifies that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352
b. The Grantee shall comply with Interim Final Rule, New Restrictions on Lobbying, found
in Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent rules that are
adopted in place of the Interim Final Rule. The Interim Final Rule requires the Grantee to
certify as to their lobbying activity. Further definition of lobbying can be found in 2 CFR
200.450.
c. If the Grantee engages in lobbying activities with non-Federal funds that takes place in
connection with obtaining any Federal award, they will promptly inform the authorized
representative, and complete any certifications the authorized representative requires.
6. Whistleblower Protection Rights
41 USC §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection
(a) This award and employees working on this financial assistance agreement will be
subject to the whistleblower rights and remedies in the pilot program on Award Recipient
employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239)
(b) Recipients, their subrecipients, and their contractors awarded contracts over the
simplified acquisition threshold related to this award, shall inform their employees in
writing, in the predominant language of the workforce, of the employee whistleblower
rights and protections under 41 USC 4712.
(c) The recipient shall insert this clause, including this paragraph (c), in all subawards and
in contracts over the simplified acquisition threshold related to this award.
7. Buy American. Per Executive Order 113858, entitled "Strengthening Buy-American Preferences
for Infrastructure Projects" the Recipient shall maximize, consistent with law, the use of iron and
steel goods, products, and materials produced in the United States, for infrastructure projects as
defined by the Executive Order when the statement of work includes alteration, construction,
conversion, demolition, extension, improvement, maintenance, reconstruction, rehabilitation, or
repair.
8. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is
national policy to award a fair share of contracts to small and minority firms. NPS is strongly
committed to the objectives of this policy and encourages all recipients of its Cooperative
Agreements to take affirmative steps to ensure such fairness by ensuring procurement
procedures are carried out in accordance with the Executive Order.
9. Program Income. If the Grantee earns program income, as defined in 2 CFR § 200.80, during
the period of performance of this agreement, to the extent available the Grantee must disburse
funds available from program income, and interest earned on such funds, before requesting
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additional cash payments (2 CFR § 200.305 (5)). As allowed under 2 CFR § 200.307, program
income may be added to the Federal award by the Federal agency and the non-Federal entity.
The program income must be used for the purposes, and under the conditions of, the Federal
award. Disposition of program income remaining after the end of the period of performance
shall be negotiated as part of the agreement closeout process.
10. Rights in Data. The Grantee must grant the United States of America a royalty–free, non–
exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner
and for any purpose without limitation, and to authorize or ratify publication, reproduction or
use by others, of all copyrightable material first produced or composed under this Agreement
by the Recipient, its employees or any individual or concern specifically employed or assigned
to originate and prepare such material.
11. Conflict of Interest
(a) Applicability.
(1) This section intends to ensure that non-Federal entities and their employees take
appropriate steps to avoid conflicts of interest in their responsibilities under or with
respect to Federal financial assistance agreements.
(2) In the procurement of supplies, equipment, construction, and services by recipients and
by subrecipients, the conflict of interest provisions in 2 CFR §200.318 apply.
(b) Requirements.
(1) Non-Federal entities must avoid prohibited conflicts of interest, including any significant
financial interests that could cause a reasonable person to question the recipient's ability to
provide impartial, technically sound, and objective performance under or with respect to a
Federal financial assistance agreement.
(2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no
key official of an actual or proposed recipient or subrecipient, who is substantially involved
in the proposal or project, may have been a former Federal employee who, within the last
one (1) year, participated personally and substantially in the evaluation, award, or
administration of an award with respect to that recipient or subrecipient or in development
of the requirement leading to the funding announcement.
(3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public
information regarding the evaluation, award, or administration of an award to that
recipient or subrecipient or the development of a Federal financial assistance opportunity
that may be of competitive interest to that recipient or subrecipient.
(c) Notification.
(1) Non-Federal entities, including applicants for financial assistance awards, must disclose in
writing any conflict of interest to the DOI awarding agency or pass- through entity in
accordance with 2 CFR § 200.112, Conflicts of interest.
(d) Grantees must establish internal controls that include, at a minimum, procedures to identify,
disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible
for notifying the Financial Assistance Officer in writing of any conflicts of interest that may
arise during the life of the award, including those that have been reported by subrecipients.
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Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 11
Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under
this grant or cooperative agreement for lobbying activities and must provide the required
certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC § 1352.
(e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest
disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative
agreement, and will determine whether a significant potential conflict exists and, if it does,
develop an appropriate means for resolving it.
(f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government
may be cause for termination of the award. Failure to make required disclosures may result in
any of the remedies described in 2 CFR § 200.338, Remedies for Noncompliance, including
suspension or debarment (see also 2 CFR Part 180).
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Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 12
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 agreement on behalf of the Grantee as required by applicable articles,
bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
Distribution:
Agency
Grantee
State’s Authorized Representative
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Attachment A - Project Budget
Project Component
HastingsRecipient:City of
Lake Isabel ParkLW27-01449Grant:
Project Scope
Park redevelopment including picnic shelter, walkways, playground, green space, half
basketball court, native plantings, connectivity and water access enhancement in Lake
Isabel Park.
Grant Amount:
Picnic Shelter 20 ft circle, open shelter
$240,000
Playground Ages 5-12 (11 Components) Ages 2- 5 (5 components) engineered
wood fiber surfacing , half basketball
Site removals, mobilization, storm water, parking and site improvements
Walkways:10,000 SF bituminous, 640 Class 3, handrails, fencing
$50,000
$95,000
$185,000
$55,000
Total Cost
Cost
$480,000
Notes / Conditions
$50,000
Local Match:
Total Cost:
$240,000
$480,000
Plantings, restoration, security lighting (2), wayfinding sign
Design, Engineering, construction management $45,000
Nov 23, 2021
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Architecture + Engineering + Environmental + Planning LAKE ISABEL MASTER PLAN
HASTINGS, MN • 08-02-2021
ISG PROJECT NO. 20-23938
ISGInc.com
Scale: 1’ = 30’-0”PRELIMINARY MASTER PLAN - LWCF BOUNDARY N60300FEET
1
1
4
4
7
7
10
10
2
2
5
5
8
8
11
11
11
13
13
17
17
17
18
18
18
18
3
3
6
6
9
9
9
12
12
14
14
14 15
15 16
16
LEGEND
Relocated Park Sign
New Park Wayfinding Sign
5’ Wide Bituminous Walk
Open Air Pavilion (With Security Lighting & Power Outlets)
4,500 SF Playground with Wood Fiber Surfacing
Half-Court Basketball (Bituminous)
Portable Restrooms
Seating Overlook (Bituminous)
Seating Overlook (Class 3)
Temporary Watercraft Docking Area
Lake Edge Access/Stepped Boulders (2 Areas Total)
Deck Platform Expansion- (Alternate Item)
42” High Barrier Fence
Retaining Wall Modification
ADA Parking
Short Native Prairie Planting
Open Lawn
Landscape Bed/Shrub Planting
Existing Warming House To Remain
Existing Memorial Picnic Table (Relocated)
Existing Boat Ramp
Existing Dock
Existing Flag Pole
Proposed Trees
Existing Trees
Proposed Security Lighting
Existing Lighting/Siren
Parcel Boundary Approximately
20
20
19
19
2ND ST E
220’ X 60’
130’ X 60’
BA
S
S
S
T
PARKING
PARKING
ENTRANCE
ENTRANCE ENTRANCE
CH
E
S
T
N
U
T
S
T
FR
A
N
K
L
I
N
S
T
LAKE ISABEL
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23
22
22
21
21
___________
Attachment B
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ATTACHMENT C
LWCF GENERAL PROVISIONS
Part I – Definitions
A. The term "NPS" as used herein means the National Park Service, United States Department of the
Interior (DOI).
B. The term "Director" as used herein means the Director of the National Park Service, or any
representative lawfully delegated the authority to act for such Director.
C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully
delegated the authority to act for such Secretary.
D. The term "State" as used herein means the State, Territory, or District of Columbia that is a party to the
grant agreement to which these general provisions are attached, and, when applicable, the political
subdivision or other public agency to which funds are to be subawarded pursuant to this agreement.
Wherever a term, condition, obligation, or requirement refers to the State, such term, condition,
obligation, or requirement shall also apply to the political subdivision or public agency, except where it is
clear from the nature of the term, condition, obligation, or requirement that it applies solely to the State.
For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous.
E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial
Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. §
2003), which is administered by the NPS.
F. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance
Program Manual, Volume 71 (March 11, 2021).
G. The term "project" as used herein refers to an LWCF grant, which is subject to the grant agreement
and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project
creates an obligation to maintain the property described in the agreement and supporting application
documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use the
monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF
will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor
recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be
substituted for, the State and/or local outdoor recreation funds.
A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF General
Provisions, and the terms and provisions as contained or referenced in, or attached to, the NPS grant
agreement and that it will further impose these terms and provisions upon any political subdivision or
public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees
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that it shall be responsible for compliance with the terms and provisions of the agreement by such a
political subdivision or public agency and that failure by such political subdivision or public agency to
so comply shall be deemed a failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the signed and dated
project boundary map made part of that agreement is being acquired or developed with LWCF assistance,
or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall
not be converted to other than public outdoor recreation use but shall be maintained in public outdoor
recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency.
The Secretary shall approve such a conversion only if it is found to be in accord with the then existing
statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of reasonably
equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post- completion compliance
regulations at 36 C.F.R. Part 59 provide further requirements. The replacement land then becomes
subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary,
or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter the area
described in the grant agreement and depicted in the signed and dated project boundary map to provide the
most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection
as soon as reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of property with
full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of
said property to other than public outdoor recreation use as a result of such right or interest being
exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential
conversion as soon as possible and to seek approval of replacement property in accord with the conditions
set forth in these provisions and the program regulations. The provisions of this paragraph are also
applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to
its full term due to the existence of provisions in such lease known and agreed to by the NPS; and
properties subject to other outstanding rights and interests that may result in a conversion when known
and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State
with the terms of this agreement is the preservation, protection, and the net increase in the quality and
quantity of public outdoor recreation facilities and resources that are available to the people of the State
and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the
amount of money furnished by the United States by way of assistance under the terms of this agreement.
The State agrees that payment by the State to the United States of an amount equal to the amount of
assistance extended
under this agreement by the United States would be inadequate compensation to the United States for any
breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of
this agreement shall be the specific performance of this agreement or the submission and approval of a
conversion request as described in Part II.B above.
D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of
said Manual are incorporated into and made a part of the grant agreement.
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E. The State agrees that the property and facilities described in the grant agreement shall be operated
and maintained as prescribed by Manual requirements and published post- completion compliance
regulations (36 C.F.R Part 59).
F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g.,
registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the
property described and shown in the scope of the grant agreement and the signed and dated project
boundary map made part of that agreement, has been acquired or developed with LWCF assistance and
that it cannot be converted to other than public outdoor recreation use without the written approval of the
Secretary as described in Part II.B above.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws
relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard
Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to the extent
that reasonable differences in admission or other fees may be maintained on the basis of residence,
as set forth in 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant Agreement
and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed
facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the
filing of the application, including all understandings and assurances contained herein, and directing
and authorizing the person identified as the official representative of the State to act in connection
with the application and to provide such additional information as may be required.
3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient
funds will be available to assure effective operation and maintenance of the facilities acquired or
developed by the project.
B. Project Execution
1. The State shall transfer to the project sponsor identified in the Application for Federal Assistance
all funds granted hereunder except those reimbursed to the State to cover eligible expenses
derived from a current approved negotiated indirect cost rate agreement.
2. The State will cause work on the project to start within a reasonable time after receipt of notification
that funds have been approved and assure that the project will be implemented to completion with
reasonable diligence.
3. The State shall secure completion of the work in accordance with approved construction plans and
specifications, and shall secure compliance with all applicable Federal, State, and local laws and
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regulations.
4. The State will provide for and maintain competent and adequate architectural/engineering supervision
and inspection at the construction site to insure that the completed work conforms with the approved
plans and specifications; that it will furnish progress reports and such other information as the NPS
may require.
5. In the event the project cannot be completed in accordance with the plans and specifications for the
project, the State shall bring the project to a point of recreational usefulness agreed upon by the
State and the Director or her/his designee in accord with Section III.C below.
6. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s
compliance with applicable federal laws and their implementing regulations, including: the
Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 CFR Part
17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-
646) and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234).
7. The State will comply with the provisions of: Executive Order (EO) 11988, relating to evaluation of
flood hazards; EO 11288, relating to the prevention, control, and abatement or water pollution, and
EO 11990 relating to the protection of wetlands.
8. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation
Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations (36
C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant
award on historic properties. The Act requires federal agencies to take into account the effects of their
undertaking (grant award) on historic properties by following the process outlined in regulations. That
process includes
(1) initiating the process through consultation with the State Historic Preservation Officer and others
on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for
inclusion on the National Register of Historic Places that are subject to effects by the undertaking, and
notifying the NPS of the existence of any such properties, by (3) assessing the effects of the
undertaking upon such properties, if present, and by (4)
resolving adverse effects through consultation and documentation according to 36 C.F.R.
§800.11. If an unanticipated discovery is made during implementation of the undertaking, the State in
coordination with NPS shall consult per provisions of 36 C.F.R. §800.13.
9. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969,
as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R.
§1500-1508), by adhering to procedural requirements while considering the consequences of this
project on the human environment. This Act requires Federal agencies to take into account the
reasonably foreseeable environmental consequences of all grant-supported activities. Grantees are
required to provide the NPS with a description of any foreseeable impacts to the environment from
grant-supported activities or demonstrate that no impacts will occur through documentation provided
to the NPS. The applicant must submit an Application & Revision Form in order to assist the NPS in
determining the appropriate NEPA pathway when grant-assisted development and other ground
disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway,
the NPS will confirm which CE, according to NPS Director's Order 12, applies.
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C. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective
action by the State or pending a decision to terminate the grant by the NPS.
2. The State may unilaterally terminate the project at any time prior to the first payment on the project.
After the initial payment, the project may be terminated, modified, or amended by the State only by
mutual agreement with the NPS.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion
whenever it is determined that the grantee has failed to comply with the conditions of the grant. The
Director will promptly notify the State in writing of the determination and the reasons for the
termination, together with the effective date. Payments made to States or recoveries by the NPS under
projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole or in part at any time before the date of
completion when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial termination, the portion
to be terminated. The grantee shall not incur new obligations for the terminated portion after the
effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full
credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the
grantee prior to termination.
D. Termination either for cause or for convenience requires that the project in question be brought to a state
of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS
be returned.
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