Resolution No. 2021-19 Clean Water Fund Grant and Grant Agreement
RESOLUTION NO. 2021 –19
A RESOLUTION AUTHORIZING THE EXECUTION OF A CLEAN WATER FUND GRANT
AGREEMENT WITH THE BOARD OF WATER AND SOIL RESOURCES AND A GRANT
AGREEMENT WITH RICE CREEK WATERSHED DISTRICT FOR THE MOORE LAKE
ENHANCEMENT PROJECT
Whereas, East Moore Lake is a public water within the City of Fridley; and
Whereas, the Rice Creek Watershed District and the Anoka Conservation District completed a
stormwater retrofit analysis for East Moore Lake, assessing several stormwater best management
practice retrofit approaches within the subwatershed to mitigate phosphorus and suspended
sediment loading to the lake in 2013; and
Whereas, the United States Environmental Protection Agency approved the Minnesota Pollution
Control Agency’s “Upper Mississippi River Bacteria TMDL & Protection Plan,” identifying coliform
bacteria load reduction goals for Lower Rice Creek, which receives runoff directly from Moore
Lake in 2014; and
Whereas, the United States Environmental Protection Agency approved the Minnesota Pollution
Control Agency’s “Rice Creek Watershed District Southwest Urban Lakes Total Maximum Daily
Load Study,” establishing total phosphorus load reduction goals for seven lakes, including East
Moore Lakes in 2015; and
Whereas, the City adopted a Local Water Plan that established the goal that “all of Fridley’s
surface waters can be enjoyed to their highest use” and directed the City, in coordination with
watershed district partners, to complete water quality improvement projects including those for
the benefit of East Moore Lake in 2019; and
Whereas, the City developed a concept plan detailing the construction of an iron enhanced sand
and biochar filter in Moore Lake Park to reduce sediment, phosphorus and bacteria loading into
East Moore Lake; and
Whereas, the City applied for and was awarded a Clean Water Grant fund from the Board of Soil
and Water Resources Grant for the construction of the iron enhanced sand and biochar filter; and
Whereas, the City and Rice Creek Watershed District have mutual goals to improve the water
quality of East Moore Lake; and
Whereas, Minnesota Statutes Chapter 471.59 provides that two or more governmental units, by
agreement entered into through action of their governing bodies, may cooperate to provide for
the division of costs and other material elements of improvement projects; and,
Whereas, the Rice Creek Watershed District desires to provide the City with financial assistance
and is developing a grant agreement to formalize this partnership.
Resolution No. 2021-19 Page 2
Now, therefore be it resolved, that the City Council of the City of Fridley hereby authorizes the
execution of the Clean Water Fund grant agreement with the Board of Soil Resources included as
Exhibit A in support of the Moore Lake Enhancement Project.
Be it further resolved that the City Council of the City of Fridley hereby authorizes the City
Manager to execute a grant agreement with the Rice Creek Watershed District in support of the
Moore Lake Enhancement Project.
nd
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22 DAY OF
MARCH, 2021.
__________________________
Scott J. Lund – Mayor
ATTEST:
Daniel Tienter – City Clerk
Exhibit A
FY 2021 STATE OF MINNESOTA
BOARD OF WATER and SOIL RESOURCES
CLEAN WATER FUND COMPETITIVE GRANTS PROGRAM
GRANT AGREEMENT
Vendor: 0000197686
PO#: 3000013045
This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board)
and Fridley, City of, 6431 University Ave NE Fridley Minnesota 554324303 (Grantee).
This grant is for the following Grant Programs :
C21-7914 Moore Lake Enhancement Project $400,000
Total Grant Awarded: $400,000
Recitals
st
1. The Laws of Minnesota 2019, 1 Special Session, Chapter 2, Article 2, Section 7(b)&(j), appropriated Clean Water Funds
(CWF) to the Board for the FY 2021 Clean Water Fund Projects & Practices Grants.
2. The Board adopted the FY21 Clean Water Fund Competitive Grant Policy and authorized the FY21 Clean Water Fund
Competitive Grants Program through Board Order #20-26.
3. The Board adopted Board Order #20-54 to allocate funds for the FY 2021 Clean Water Fund Competitive Grants Program.
4. The Grantee has submitted a Board approved work plan for this Program, which is incorporated into this Grant Agreement
by reference.
5. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the
satisfaction of the Board.
6. As a condition of the grant, Grantee agrees to minimize administration costs.
Authorized Representative
The State’s Authorized Representative is Marcey Westrick, Clean Water Coordinator, BWSR, 520 Lafayette Road North, Saint Paul,
MN 55155, 651-284-4153, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to
accept the services and performance provided under this Grant Agreement.
The Grantee’s Authorized Representative is: TITLE
ADDRESS
CITY
TELEPHONE NUMBER
If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantees must immediately notify
the Board.
Grant Agreement
1. Terms of the Grant Agreement.
1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will
notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant
Agreement until it is executed.
1.2. Expiration date: December 31, 2023, or until all obligations have been satisfactorily fulfilled, whichever comes first.
1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8.
State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue;
14. Data Disclosure; and 19. Intellectual Property Rights.
\[Type here\]
2. Grantee’s Duties.
The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat §
16B.97,Subd.4(a)(1). The Grantee is responsible for the specific duties for the Program as follows:
2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Grant Agreement by
reference.
2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public.
2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program
implementation by the Grantee. Information provided must conform to the requirements and formats set by the
Board. All individual grants over $500,000 will also require a reporting expenditure by June 30 of each year.
2.2.2. The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative
Coordinating Commission website.
2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2024 or within 30
days of completion of the project, whichever occurs sooner. Information provided must conform to the
requirements and formats set by the Board.
2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan.
3. Time.
The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant
Agreement, time is of the essence.
4. Terms of Payment.
4.1. Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the execution of
the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended
and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first
50% must be signed by the Grantee and approved by the Board. Selected grantees may be required at this point to submit
documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10%
will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment
must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that
summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board.
4.2. All costs must be incurred within the grant period.
4.3. All incurred costs must be paid before the amount of unspent funds is determined. Unspent grant funds must be returned
within 30 days of the expiration date of the Grant Agreement.
4.4. The obligation of the State under this Grant Agreement will not exceed the amount listed above.
4.5. This grant includes an advance payment of 50% of the grant’s total amount. Advance payments allow the Grantee to have
adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to
better schedule work into the future.
5. Conditions of Payment.
5.1. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction, as set
forth in this Grant Agreement and in the Board approved work plan for this Program. Compliance will be determined at the
sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, State, and local laws,
policies, ordinances, rules, FY21 Clean Water Fund Competitive Grant Policy, and regulations. The Grantee will not receive
payment for work found by the Board to be unsatisfactory or performed in violation of federal, State or local law.
5.2. Minnesota Statutes §103C.401 (2018) establishes the Board’s obligation to assure program compliance. If the
noncompliance is severe, or if work under the Grant Agreement is found by the Board to be unsatisfactory or performed in
violation of federal, State, or local law, the Board has the authority to require the repayment of grant funds or withhold
payment on grants from other programs.
6. Assignment, Amendments, and Waiver
6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the
prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who
executed and approved this Grant Agreement, or their successors in office.
6.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until it has been
approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors
Page 2 of 5
\[Type here\]
in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments
thereto.
6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
right to enforce it.
7. 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 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 Agreement.
8. 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 Agreement or transaction are subject to examination by the Board and/or the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant 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.
8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of
government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are
subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and
expenditure of grant funds.
9. 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 Agreement, and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Grantee under this Grant 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.
10. 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.
11. Publicity and Endorsement.
11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring
agency. 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 Agreement.
11.2. Endorsement. The Grantee must not claim that the State endorses its products or services
12. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings
out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in
Ramsey County, Minnesota.
13. Termination.
13.1. The Board may cancel this Grant Agreement at any time, 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.
13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that
the appropriation unconstitutionally substitutes for a traditional source of funding.
13.3. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with
the provisions of this Grant Agreement, 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 Board may take action to protect the interests of the State of
Page 3 of 5
\[Type here\]
Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already
disbursed.
14. 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.
15. Prevailing Wage.
It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000
or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. All laborers and mechanics employed by grant
recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those
prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage.
16. Municipal Contracting Law.
Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform
Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in
the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable.
17. Constitutional Compliance.
It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean
Water Funds to supplement traditional sources of funding.
18. Signage.
It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010,
Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects.
19. 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 grant. 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
grant. Work includes “Documents.” 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 grant. 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 grant at the State’s request. To the extent possible, those Works eligible for
copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all
right, 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.
Page 4 of 5
\[Type here\]
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
Approved:
Fridley, City of Board of Water and Soil Resources
By: _______________________________________ By: ____________________________________________
(print)
_______________________________________
(signature)
Title: _______________________________________ Title: ____________________________________________
Date: _______________________________________ Date: ____________________________________________
Page 5 of 5
GRANT AGREEMENT
BETWEEN CITY OF FRIDLEY AND THE RICE CREEK WATERSHED DISTRICT
FOR THE MOORE LAKE ENHANCEMENT PROJECT
GRANT AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE,
Suite 611, Blaine, Minnesota 55449 (District) and the City of Fridley, 7071 University Avenue NE,
Fridley, MN 55432 (City).
RECITALS
WHEREAS, in April 2020 the District adopted a Watershed Management Plan pursuant to
Minnesota Statutes 103B.231, Subdivision 10, which includes implementation of stormwater
retrofits to improve Moore Lake water quality within the Lower Rice Creek Water Management
Project;
WHEREAS, in April 2009, the District completed the Southwest Urban Lakes Study, including a
Management Action Plan for Moore Lake, updated in November 2009, summarizing water quality
conditions and identifying a management approach and potential projects to reduce pollutant
loading to the lake;
WHEREAS, in June 2013, the District and the Anoka Conservation District completed a
stormwater retrofit analysis for Moore Lake, assessing several stormwater best management
practice retrofit approaches within the subwatershed to mitigate phosphorus and suspended
sediment loading to the lake;
WHERAS, in November 2014, the United States Environmental Protection Agency approved the
Minnesota Pollution Control Agency’s “Upper Mississippi River Bacteria TMDL & Protection Plan,”
identifying coliform bacteria load reduction goals for Lower Rice Creek, which receives runoff
directly from Moore Lake, whose public beach at Moore Lake Park has been subjected to
frequent closures for high coliform bacteria counts;
WHEREAS, in February 2015, the United States Environmental Protection Agency approved the
Minnesota Pollution Control Agency’s “Rice Creek Watershed District Southwest Urban Lakes
Total Maximum Daily Load Study,” establishing total phosphorus load reduction goals for seven
lakes, including East Moore Lake;
WHEREAS, the City has developed a concept plan detailing construction of an iron-enhanced sand
and biochar filter within Moore Lake Park to reduce total phosphorus, suspended sediment and
coliform bacteria loading to East Moore Lake (Project);
WHEREAS, the City submitted a Clean Water Fund Grant (CWF Grant) application, incorporated
as Exhibit A, to the Board of Water and Soil Resources (BWSR) for the Project, was successful in
its proposal, and BWSR awarded a $400,000 CWF Grant to be used to pay a portion of the cost
of the Project;
1
WHEREAS, the District and City have worked cooperatively to develop goals and objectives for
the Project, a concept construction design for the Project, a cost allocation between the City and
District for construction of the Project, and a plan for maintenance of the Project, once
constructed;
WHEREAS, all access, construction, staging and materials storage, as well as future maintenance
activity is anticipated to occur on property owned by the City;
WHEREAS, Minnesota Statutes Chapter 471.59 provides that two or more governmental units,
by agreement entered into through action of their governing bodies, may cooperate to provide
for the division of costs and other material elements of improvement projects; and,
WHEREAS, the District desires to provide the City with financial assistance for the Project.
THEREFORE, in consideration of mutual promises set forth herein and other good and valuable
consideration, the District and the City agree as follows:
I. CITY RESPONSIBLITIES.
A. Design Plan, Operation Plan and Maintenance Plan. Design plans for the project must be
signed by a licensed professional engineer or landscape architect. The City will submit (1) final
signed plans and specifications for the Project, and (2) an operations and maintenance plan
to the District for the Administrator’s written approval, not to be unreasonably withheld. The
Project plans and specifications must include a public education component. The District, in
its discretion, may approve a non-structural public education component.
B. Insurance. The City shall require its contractor to name the District as an additional insured
with primary coverage on a noncontributory basis under its commercial general liability
policy, with a coverage limit of at least $1.5 million per claim and aggregate, and covering
both ongoing and completed operations, and all such operations of subcontractors. Coverage
limits may be met by excess liability or umbrella policies.
C. Construction and Maintenance. The City, through its own personnel and/or contractors, will
construct the Project in accordance with the approved Project plans and specifications and
maintain it for a minimum of 25 years in accordance with the approved maintenance plan. In
doing so, the City will comply with all applicable laws and regulations and will be responsible
for acquiring all permits, approvals and temporary and permanent rights of access or
easement.
D. Access for Maintenance. The City shall submit legal assurance acceptable to the District that
the City has access to the Project’s location for construction, operation and maintenance for
a minimum of 25 years.
E. Completion of Construction. Upon completion of the Project, the City shall retain ownership
and assume all operation and maintenance obligations, and costs thereof, for the Project in
accordance with the approved operations and maintenance plan. The City’s project engineer
2
will certify the completion of Project construction in accordance with the approved plans and
specifications no later than November 30, 2023. The City will submit to the District
documentation of Project expenditures and the certification of completion no later than
November 30, 2023.
II. DISTRICT RESPONSIBILITIES.
A. Grant Funds. To defray the Project cost to the City, the District will provide the City financial
assistance in the amount of fifty (50) percent of the Project’s eligible costs that are not
covered by the CWF Grant, as determined by the District, with the total amount of District
assistance not to exceed $100,000.00.
B. In-Kind Support. In-kind hourly staff costs incurred by the District in service to the Project will
constitute a portion the District’s financial contribution. District employee hourly rates for
computing in-kind costs will be burdened rates. No more than $5,000 of the District’s
contribution will be in-kind. The District will provide an annual accounting of such costs to
the City by January 15of the following year to aid in the City’s CWF Grant reporting process.
C. Payment Schedule. On District approval of the Project plans, specifications, and operations
and maintenance plan, certification by the City that it has obtained all necessary permits and
approvals, District approval of the City’s access and maintenance assurance, and receipt of
the City’s issued notice to proceed, the District may disburse fifty (50) percent of the RCWD
Board approved grant amount upon request of the City. On District receipt of the certification
of completion and review of such Project documentation as it may require, the District will
disburse the remaining RCWD Board approved funds.
D. Contingencies. The District’s obligation to provide grant funds is contingent on the City’s
compliance with the terms of this agreement, including but not limited to Project completion
in accordance with the District-approved plans and specifications by November 30, 2023 and
Project maintenance in accordance with the approved maintenance plan. The City shall
return to the District any grant funds already received if this condition is not satisfied.
III. MISCELLANEOUS.
A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint
venture or agency relationship between the parties. District review or approval of design
plans and specifications, a maintenance plan and any other Project-related documents is
solely for the District’s own accounting for funds expended. As between the parties, the City
is solely responsible for selection of the Project design and the means, method and manner
of construction. Nothing in this agreement creates any right in any third party or affects any
immunity, defense or liability limitation enjoyed by either party.
B. Employees. The City represents that it has or will secure, at its own expense, all personnel
and/or contractors required for the performance of this agreement. No City personnel or
contractor will be considered an agent, representative or employee of the District.
3
C. Liability. The City agrees to hold harmless and indemnify the District, and its managers, staff
and representatives, up to the maximum liability limits of Minnesota Statutes Section 466.04,
against any claim, expense or damage, including attorney fees, arising from the performance
of this agreement.
D. Assignment or Modification. This agreement binds and inures to the benefit of the City and
the District, and their respective successors and assigns. Neither party may assign this
agreement without the prior written consent of the other. Any modification of the agreement
must be in writing and signed by both parties.
E. Public Documents. All submitted information, including application, conceptual design, cost
estimates, bid tabulations, final designs and specifications, copies of permits and proof of
expenditures in the District's possession will become a part of the public record. The City will
not claim intellectual property rights in any such information and will not contractually confer
on or recognize in a third party any such rights.
F. Effective Date. This agreement is effective as of the date all signatures below have been
provided.
Dated: , 2021 CITY OF FRIDLEY
By:
Its:
Dated: , 2021 RICE CREEK WATERSHED DISTRICT
By:
Nick Tomczik, Administrator
4