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Home My WebLink About3-9-2026 City Council Meeting March 9, 2026 at 7 p.m. 7071 University Avenue NE Agenda Call to Order The Fridley City Council (Council) requests that all attendees silence cell phones during the meeting. A paper copy of the Agenda is at the back of the Council Chambers. A paper copy of the entire Agenda packet is at the podium. The Agenda and all related materials may also be found on the City’s website at Pledge of Allegiance Proposed Consent Agenda The following items are considered to be routine by the Council and will be approved by one motion. There will be no discussion of these items unless a Councilmember requests, at which time that item may be moved to the Regular Agenda. Meeting Minutes 1.Approve the Minutes from the City Council Meeting of February 23, 2026 2.Receive the Minutes from the City Council Conference Meeting of February 23, 2026 New Business 3.Resolution No. 2026-22, Approving a Source Water Protection Grant Agreement with Minnesota Department of Health for Unused Well Sealing 4.Resolution No. 2026-23, Approving a Grant Agreement Between the City of Fridley and Minnesota Department of Employment and Economic Development for an Inclusive Playground at Commons Park 5.Resolution No. 2026-24, Approving Hazard Mitigation Plan and Adoption Process 6.Resolution No. 2026-26, Approving a Joint Powers Agreement for Additional Criminal Prosecution Services Between the City of Fridley and the City of Coon Rapids 7.Ordinance No. 1437, Amending the Fridley City Code Chapter 209, Fees, to Include Fees for New Commons Park Facilities (Second Reading) Claims 8.Resolution No. 2026-25, Approving Claims for the Period Ending March 4, 2026 Open Forum The Open Forum allows the public to address the Council on subjects that are not on the Regular Agenda. The Council may take action, reply, or give direction to staff. Please limit your comments to five minutes or less. Regular Agenda The following items are proposed for the Council's consideration. All items will have a presentation from City staff, are discussed, and considered for approval by separate motions. New Business Informal Status Reports Adjournment Accessibility Notice: If you need free interpretation or translation assistance, please contact City staff. Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad. Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cove neeg ua hauj lwm. Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450. AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title: Approve the Minutes from the City Council Meeting of February 23, 2026 Background Attached are the minutes from the City Council meeting of February 23, 2026. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of February 23, 2026. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Financial Stability & Commercial Prosperity xOrganizational Excellence Community Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1.February 23, 2026 City Council Meeting Minutes Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. City Council Meeting February 23, 2026 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Ostwald called the City Council Meeting of February 23, 2026, to order at 7:15 p.m. Present Mayor Dave Ostwald Councilmember Patrick Vescio Councilmember Ryan Evanson Councilmember Luke Cardona Councilmember Ann Bolkcom Absent Others Present Walter Wysopal, City Manager Mike Maher, Parks and Recreation Director Pledge Of Allegiance Approval of Proposed Consent Agenda Motion made by Councilmember Bolkcom to adopt the proposed Consent Agenda. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously. Approval/Receipt of Minutes 1.Approve the Minutes from the City Council Meeting of February 9, 2026. 2.Receive the Minutes from the City Council Conference Meeting of February 9, 2026. 3.Receive the Minutes from the Environmental Quality and Energy Commission Meeting of January 13, 2026. 4.Receive the Minutes from the Parks and Recreation Commission Meeting of January 5, 2026. 5.Receive the Public Arts Commission Meeting Minutes of January 7, 2026. City Council Meeting 2/23/2026Minutes Page 2 New Business 6.Resolution No. 2026-13, Approving Entering into a Contract for Ancillary Insurance Lines and Minnesota Paid Family and Medical Leave Insurance with MetLife, Inc. for the 2026-2027 Plan Years. 7.Resolution No 2026-19, Approving a Joint Powers Agreement with Anoka County for the Reconstruction of County State Aid Highway 6 (Mississippi Street) West of University Avenue. 8.Resolution No. 2026-21, Approving Gifts, Donations, and Sponsorships Received Between December 27, 2025, and February 28, 2026. Claims 9.Resolution No. 2026-20, Approving Claims for the Period Ending February 18, 2026. Open Forum, Visitors: (Consideration of Items not on Agenda – 15 minutes.) st Audry Nelson, 61 Avenue and 2 ½ Street, commented on a recent situation she witnessed with unruly people in front of her home and commended the police for how well they handled the situation. th Guy Harper, 7566 5 Street NE, commented that these are trying times that have tested everyone more than expected. He believed the community did a good job, and while there are incidents where people have acted wrongly, most people are doing their best. He stated that he is reminded of the wonderful things in the community and did not want the residents to lose sight of that. David May, resident, complimented the City Council for the response to the recent unrest related to immigration enforcement. He believed that the Council and City responded in a manner of good governance, setting a moderate course of action to ensure that residents are safe and free from government overreach without overstepping their authority. Adoption of Regular Agenda Motion made by Councilmember Evanson to adopt the regular agenda. Seconded by Councilmember Cardona. Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously. Regular Agenda New Business 10.Ordinance No. 1437, Amending the Fridley City Code Chapter 209, Fees, to Include Fees for New Commons Park Facilities (First Reading) City Council Meeting 2/23/2026Minutes Page 3 Mike Maher, Parks and Recreation Director, stated that the proposed ordinance would update fees in several categories, and he provided an overview of the proposed Commons Park rental program. He recommended approval as presented. Councilmember Bolkcom asked about the shelter rental times. Mr. Maher was unsure of the exact times but noted that it is a full-day rental. Councilmember Cardona commented that when someone rents the building, there will be staff on- site. Councilmember Evanson asked and received confirmation that the damage deposit rate would be the same for a resident and a non-resident. He asked for information on the number of times the damage deposit has been kept. Mr. Maher estimated that the deposit is held one to three times per year, typically not for damage but for clear violation of the rules. He commented that instances of damage are few and far between. He explained that they try to find the balance between ensuring that the deposit is enough that people want to get it back, while not creating a barrier for residents. Motion made by Councilmember Vescio, to approve the first reading of Ordinance 1437, Amending the Fridley City Code Chapter 209, Fees, to Include Fees for New Commons Park Facilities. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously. Informal Status Reports Councilmember Evanson stated that he toured Commons Park on Friday with staff, and the building appears to be on track. He was impressed with how the project is moving along and was excited about the completed project. Mayor Ostwald commented on the upcoming Winter Warm Up Event, hosted by the Lions, which will be raising funds for a new fishing pier at Moore Lake. Tickets must be purchased ahead of the event. Councilmember Vescio noted the upcoming open hours for the County Road 6 and Mississippi project. Councilmember Cardona thanked those who have provided input over the past few weeks, recognizing that this has been a trying time. He also thanked the City staff who have been under a lot of pressure as well. Adjourn Motion made by Councilmember Bolkcom to adjourn. Seconded by Councilmember Cardona. Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously, and the meeting adjourned at 7:52 p.m. Respectfully Submitted, City Council Meeting 2/23/2026Minutes Page 4 Melissa MooreDave Ostwald City ClerkMayor AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title: Receive the Minutes from the City Council Conference Meeting of February 23, 2026 Background Attached are the minutes from the City Council Conference Meeting of February 23, 2026. Financial Impact None. Recommendation Receive the minutes from the City Council Conference Meeting of February 23, 2026. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Financial Stability & Commercial Prosperity xOrganizational Excellence Community Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1.City Council Conference Meeting Minutes of February 23, 2026 Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. City Council Conference Meeting February 23, 2026 5:30 PM Fridley City Hall, 7071 University Avenue NE Minutes Roll Call Present: Mayor Dave Ostwald Councilmember Ann Bolkcom Councilmember Patrick Vescio Councilmember Luke Cardona Councilmember Ryan Evanson Others Present:Wally Wysopal, City Manager Melissa Moore, Assistant City Manager Mike Maher, Parks and Recreation Director Margo Numedahl, Recreation Division Manager Tara Rogness, Springbrook Nature Center Manager Items for Discussion 1. Parks and Recreation Update Mike Maher, Parks and Recreation Director, Margo Numedahl, Recreation Division Manager and Tara Rogness, Springbrook Nature Center Manager, gave the City Council an update on Parks and Recreation activities and how strategic planning efforts by the Staff and the Parks Commission have helped make sure all groups are served. 2. Mayor Ostwald Local Boards and Committees Update Mayor Ostwald provided an update of his activities on boards and committees that partner with the City of Fridley. 3. Separation from Federal Immigration Enforcement The City Council shared perspectives related to an item provided by Councilmember Vescio relating to immigration enforcement activities. AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Rachel Workin, Environmental Planner Title: Resolution No. 2026-22, Approving a Source Water Protection Grant Agreement with Minnesota Department of Health for Unused Well Sealing Background In 2018 the City of Fridley (City) submitted its final Wellhead Protection Plan Part 2 to the Minnesota Department of Health (MDH) for approval. This plan was approved on January 28, 2019. The plan is intended to protect groundwater resources that the City relies on to supply drinking water to its customers. One of the main objectives in the plan is to seal abandoned wells in the City’s Drinking Water Supply Management Area (DWSMA). Unused, old, abandoned and improperly maintained wells pose a significant threat to City wells. Such wells can act as a conduit for introduction of contaminants directly into an aquifer. In order to provide incentives to private property owners to seal their abandoned wells, MDH has established a Competitive Grant Program for Source Water Protection, which provides matching funding for well sealing. The City applied for a recent round of this funding and were successful in securing $15,000 from the MDH program. Under the terms of the grant and prior well-sealing program established by the City, private property owners will, on a first come/first served basis, be reimbursed 60% of costs up to $1,500 for pre-approved work to seal unused wells on their property. Owners must use licensed well- sealing contractors, and only contracted costs will be eligible for reimbursement. Reimbursement will be allowed only after receiving proof that the well was properly sealed and proper paperwork filed. The City will be the administering agency and will manage reporting and fiscal distribution of the grant money. Work under this grant agreement must be completed by February 2027. In order to initiate the work related to the program, the execution of the attached grant agreement needs to be approved by the City Council. Financial Impact The City has been awarded $15,000 from MDH for this work. Recommendation Staff recommend approval of Resolution No. 2026-22, Approving a Source Water Protection Grant Agreement with the MInnesota Department of Health for Unused Well Sealing. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Financial Stability & Commercial Prosperity Organizational Excellence Community Identity & Relationship Building XPublic Safety & Environmental Stewardship Attachments and Other Resources 1.Resolution 2026-22 2.Source Water Protection Grant Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Resolution No. 2026-22 Authorizing Execution of a Source Water Protection Grant Agreement with the Minnesota Department of Health for Unused Well Sealing in the City of Fridley Whereas, the City of Fridley (City) submitted its Wellhead Protection Plan Part 2 in 2018; and Whereas, the Minnesota Department of Health (MDH) formally approved said Wellhead Protection Plan Part 2 on January 28, 2019; and Whereas, one of the objectives of said Wellhead Protection Plan Part 2 is to cooperate with the MDH Well Management Program to seal all abandoned wells within the City’s Drinking Water Supply Management Area (DWSMA); and Whereas, MDH has developed a Surface Water Protection Competitive Grant Program which may assist in funding activities including proper sealing of abandoned privately-owned wells; and Whereas, the City agrees to administer grant activities and funding; and Whereas, the City was awarded a Source Water Protection Competitive Grant in the amount of $15,000 on February 11, 2026; and Whereas, the City will be required to execute the attached Grant Agreement to access funding. Now, therefore be it resolved , that the Utility Manager is authorized as the City of Fridley’s agent to execute Grant Agreement with SWIFT Contract Number 284786 between the City of Fridley and the Minnesota Department of Health. Be it further resolved, that upon execution of the Grant Agreement that City of Fridley staff is authorized to implement this program. Passed and adopted by the City Council of the City of Fridley this 9th day of March, 2026 _______________________________________ Dave Ostwald – Mayor Attest: Melissa Moore – City Clerk Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Minnesota Department of Health GrantAgreementCoverSheet You have received a Grant Agreementfrom the Minnesota Department of Health (MDH). Information about the Grant Agreement, including funding details, are included below.Contact your MDH Grant Manager if you have questions about this cover sheet. Attachment:Grant Agreement Contact for MDH:Eddie Wojski, 651-201-4576, eddie.wojski@state.mn.us Grantee SWIFT InformationGrant Agreement InformationProgram & Funding Information Name of MDH Grantee SWIFT Contract Number:MDH Program Name: (as it appears in SWIFT): 284786Drinking Water Protection City of Fridley Effective Date: February 27, 2026, OR the date all SWIFT Vendor Number: signatures are collected,and the Total State Grant Funds:$15,000.00 0000197686 agreement is fully executed, whichever Total Federal Grant Funds: $0 is later.Total Grant Funds (all funds): SWIFT Vendor Location Code: $15,000.00 001 Expiration Date: February 26, 2027 REQ:4020Page 1 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Minnesota Department of Health Grant Agreement This Grant Agreementis between the State of Minnesota, acting through its Commissioner of the Department of Health (“MDH”) andCity of Fridley(“Grantee”).Grantee’s address is7071 University Ave NE, Fridley, MN 55432. Recitals 1.MDHis empowered to enter into this Grant Agreementunder Minn. Stat. §§144.05,144.0742and §114D.50 Clean Water Fund. 2.MDHis in need ofassisting public water suppliers to protect the source of drinking water. 3.The vision of MDH is for health equity in Minnesota, where all communities are thriving and all people have what they need to be healthy.Health equity is achieved when every person has the opportunity to attain their health potential.Granteeagrees, whereapplicable, to perform its work with advancing health equity as a goal. 4.Granteerepresents that it is duly qualified and will perform all the activities according to the terms of this Grant Agreement. Grant Agreement 1.Term of Agreement 1.1.Effective Date February 27, 2026, or the date MDH obtains all required signatures under Minn. Stat. §16B.98, subd.5, whichever is later. Per Minn. Stat. §16B.98, subd 7, no payments will be made to the Grantee until this Grant Agreementis fully executed. Grantee must not begin work until this Grant Agreementis fully executed and MDH’s Authorized Representative has notified Grantee that work may commence.No costs may be incurred prior to the Grant Agreementbeing fully executed. 1.2.Expiration Date February 26, 2027, or until all obligations have been fulfilled to the satisfaction of MDH, whichever occurs first. 1.3.Survival of Terms The following clauses survive the expiration or cancellation of this Grant Agreement: Liability; Financial Examinations; Government Data Practices;Tax Compliance Verification; REQ:4020Page 2 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Ownership of Equipmentand Supplies; Intellectual Property; Publicityand Endorsement; and Governing Law, Jurisdiction, and Venue. 2.Activities 2.1.MDH’s Activities MDH activities, in accordance with the Minnesota Department of Administration's Office of Grants Management's policies and federal regulations, may include but are not limited to financial reconciliations, site visits, programmatic monitoring of activities performed, and grant activity evaluation. 2.2.Grantee’s Activities Grantee, who is not a state employee, shallconduct the activities specified in Exhibit A, which is attached and incorporated into this Grant Agreement. 3.Time Grantee is required to perform all of the activitiesstated in this Grant Agreement, and any incorporated exhibits,within the Grant Agreementperiod.MDH is not obligated to extend the Grant Agreementperiod.Failure to meet a deadline may be a basis for a determination by MDH’s Authorized Representative that Grantee has not complied with the terms of the Grant Agreement. 4.Award and Payment MDHwill award funds to Grantee for all activities performed in accordance with this Grant Agreement. 4.1.Grant Award Reimbursement will be in accordance with the agreed upon budget contained in Exhibit B, which is attached and incorporated into this Grant Agreement. 4.2.Administrative Costs. Granteeagrees that administrative costs must be necessary and reasonable as a condition of this Grant Agreement pursuant to Minn. Stat. §16B.98, subd 1. Administrative costs will be reimbursed in accordance with the agreed upon budget. 4.3.Travel Expenses Granteewill be reimbursed for mileage at the current IRS rate in effect at the time the travel occurred; meals and lodging expenses will be reimbursed 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”);or,at the Grantee’s established rate(for all travel related costs), whichever is lower, at the time travel occurred. Granteewill not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless Granteehas received MDH’s prior written approval for out-of-state travel.Minnesota will be considered the home state for determining whether travel is out- of-state. 4.4.Budget Modifications REQ:4020Page 3 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Grantee may modify any line item in the most recently agreed-upon budget by up to 10 percent without prior written approval from MDH. Grantee must notify MDH of any modifications up to 10 percent in writing no later than the next invoice. Grantee must obtain prior written approval from MDH for line-item modifications greater than 10 percent. Grantee’s failure to obtain MDH’s prior approval may result in denial of modification request, loss of funds, or both. The total obligation of MDH for all compensation and reimbursements to Grantee shall not exceed the total obligation listed under “Total Obligation.” 4.5.Total Obligation The total obligation of MDH for all compensation and reimbursements to Grantee under this Grant Agreementwill not exceed $15,000.00. 4.6.Terms of Payment 4.6.1.Invoices MDHwill promptly pay Granteeafter Granteepresents an itemized invoice for the activities actually performed and MDH’s Authorized Representative accepts the invoiced activities.Invoices must be submitted at least quarterly or according to a schedule agreed upon by the Parties. The final invoice is due 30 calendar days after the expiration date of the Grant Agreement. 4.7.Contracting and Bidding Requirements 4.7.1.Municipalities A grantee that is a municipality, as definedin Minn. Stat. §471.345, subd. 1, is subject to the contracting requirements set forth under Minn. Stat. §471.345. Projects that involve construction work are subject to the applicable prevailing wage laws, including those under Minn. Stat. §177.41, et. seq. 4.7.2.Non-municipalities Grantees that are not municipalities must adhere tothe followingstandards in the event that activitiesassigned to Granteeare to be subcontracted out to a third party: i.Any services or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process. ii.Services or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three verbal quotes or bidsor awarded to a targeted vendor. iii.Services or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted vendor. iv.Granteemust take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through thefollowingentities are used when possible: 1)Minnesota Department of Administration’s Certified Targeted Group, Economically Disadvantaged and Veteran-Owned Vendor List REQ:4020Page 4 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley (https://mn.gov/admin/osp/government/procuregoodsandgeneralservices/tge dvo-directory/); 2)Metropolitan Council’s Targeted Vendor list: Minnesota Unified Certification Program (https://mnucp.metc.state.mn.us/); or 3)Small Business Certification Program through Hennepin County, Ramsey County, and City of St. Paul: Central Certification Program (https://cert.smwbe.com/). v.Granteemust maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, awardingand administration of contracts. vi.Granteemust maintain support documentation of the purchasing or bidding process utilized to contract services in their financial records, including support documentation justifying a single/sole source bid, if applicable. vii.Notwithstandingparts(i) through(iv) above, MDHmay waive the formal bidding process requirements when: Vendors included in response to a competitive grant request for proposal process were approved and incorporated as an approved work plan for the Grant Agreementor There is only one legitimate or practical source for such materials or services and Grantee has established that the vendor is charging a fair and reasonable price. viii.Projects that involveconstruction work of $25,000 or more, are subject to applicable prevailing wage laws, including those under Minn. Stat. §§177.41 through 177.50. ix.Grantee must not contract with vendors who are suspended or debarred by the State of Minnesotaor the federal government.The list of debarred vendors in Minnesota is available at:Suspended/Debarred Vendors (https://mn.gov/admin/osp/government/suspended-debarred/).The list of suspended and debarred entities by the federal government is available at www.sam.gov. 5.Conditions of Payment All activities performed by Grantee pursuant to this Grant Agreementmust be performed in accordance with the terms of this Grant Agreement, as determined in the sole discretion of MDH’s Authorized Representative. Furthermore, all activities performed by Grantee must be in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. Applicable state laws include, but are not limited to, the Minnesota Human Rights Act (Minn. Stat. ch. 363A) which prohibits discrimination on the basis of race, color, creed, religion, national origin, sex, gender, identity, sexual orientation, age, marital status, public assistance status, familial status, and disability. MDH will not pay Grantee for work that MDH determines is noncompliant with the terms and conditions of this Grant Agreementor performed in violation of federal, state, or local law, ordinance, rule, or regulation. 6.Requirements for Other Legal Agreements REQ:4020Page 5 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley 6.1.Grantee must utilize a formal legal agreement if it engages with another party to carry out a portion of the activities listed in this Grant Agreement. Grantee must provide timely notice to MDH of any such agreement prior to the other party/ies performing work under this Grant Agreement. Such notice must include the name of the other party; description of the activities to be performed; dates activities will be performed; and the total budget. 6.2.Grantee must monitor the activities of the other party/ies to ensure funds are used for authorized purposes; is in compliance with the terms and conditions of the legal agreement, Minn. Stat. §16B.97, subd. 4(a)(1), and other relevant statutes and regulations; and that performance goals are achieved. 6.3.If MDH becomes aware of unsatisfactory performance and or noncompliance, MDH reserves the right to require Grantee to terminate the legal agreement with the other party. 6.4.No legal agreement with any other party shall terminate or in any way affect the legal responsibility of the Grantee to MDH for timely and satisfactory performance of the Grant Agreement. 6.5.Grantee and the other party must not enter into a legal agreement with vendors who are suspended or debarred by the State of Minnesota or the federal government. The list of debarred vendors in Minnesota is available at: Suspended/Debarred Vendors (https://mn.gov/admin/osp/government/suspended-debarred/). The list of suspended and debarred entities by the federal government is available at www.sam.gov. 7.Authorized Representatives 7.1.MDH’s Authorized Representative MDH’s Authorized Representative for purposes of administering this Grant Agreementis Eddie Wojski, SWP Grant Coordinator, 625 Robert Street N., PO Box 64975, St. Paul, MN 55164-0975, 651-201-4576, and eddie.wojski@state.mn.us,or their successor, and has the responsibility to monitor Grantee’s performance and the final authority to accept the activities performed under this Grant Agreement.If the activities performed are satisfactory, MDH’s Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2.Grantee’s Authorized Representative Grantee’s Authorized Representative isJason Wiehle, Utilities Manager, 7071 University Ave NE, Fridley, MN 55432, 763-572-3566, and jason.wiehle@fridleymn.gov,or their successor. Grantee’s Authorized Representative has full authority to represent Granteein fulfillment of the terms, conditions, and requirements of this Grant Agreement.If Grantee selects a new Authorized Representative at any time during this Grant Agreement, Grantee must immediately notify MDH’s Authorized Representativein writing, via e-mail or letter. 8.Assignment, Amendments, Waiver, and Grant AgreementComplete 8.1.Assignment REQ:4020Page 6 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Granteeshall neither assign nor transfer any rights or obligations under this Grant Agreement. 8.2.Amendments If there are any amendments to this Grant Agreement, they must be in writing. Amendments will not be effective until they have been executed and approved by MDHand Grantee. 8.3.Waiver If MDHfails to enforce any provision of this Grant Agreement, that failure does not waive the provision or MDH’s right to enforce it. 8.4.GrantAgreement Complete This Grant Agreement, and any incorporated exhibits,contains all the negotiations and agreements between MDHand Grantee.No other understanding regarding this Grant Agreement, whether written or oral, may be used to bind either party. 9.Liability Granteemust indemnify and hold harmless MDH, its agents, and employees from all claims or causes of action, including attorneys’fees incurred by MDH, arising from the performance of this Grant Agreementby Granteeor Grantee’s agents or employees.This clause will not be construed to bar any legal remedies Granteemay have for MDH’s failure to fulfill its obligations under this Grant Agreement.Nothing in this clause may be construed as a waiver by Granteeof any immunities or limitations of liability to which Grantee may be entitled pursuant to Minn. Stat. ch.466, or any other statute or law. 10.Financial Examinations Therelevantbooks, records, documents, and accounting procedures and practices of Granteeand any entity with which Grantee has engaged in carrying out the purpose of this Grant Agreementare subject to examinationunder Minn. Stat. §16B.98, subd.8.Examinations may be conducted by MDH, the Minnesota Commissioner of Administration,the Minnesota State Auditor,Attorney General, orand the Minnesota 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. 11.Government Data Practices MDH, Grantee,and any other entity that the Grantee has contracted with to fulfill the purpose of this Grant Agreement, must comply with the Minnesota Government Data Practices Act, Minn. Stat. ch.13,as it applies to all data provided by MDHunder this Grant Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Grantee under this Grant Agreementpursuant to Minn. Stat. §13.05, subd.11(a).The civil remedies of Minn. Stat. §13.08apply to the release of the data referred to in this clause by either Granteeor MDH. If Granteereceives a request to release the data referred to in this clause, Granteemust immediately notify MDH.MDHwill give Granteeinstructions concerning the release of the data to REQ:4020Page 7 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley the requesting party before any data is released.Grantee’s response to the request must comply with the applicable law. 12.Tax Compliance Verification Pursuant to Minn. Stat.§270C.65, subd. 3, and all other applicable laws, Grantee consents to disclosure of its Social Security Number (SSN), Individual Tax Identification Number (ITIN), Employer Identification Number (EIN), and Minnesota Tax Identification Number (TIN), all of which have already been provided to MDH, federal and state tax agencies,and state personnel involved in the payment of state obligations. As may be applicable, 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 tax returns and pay delinquent tax liabilities, if any, or pay other state liabilities. 13.Ownership of Equipmentand Supplies 13.1.Equipment “Equipment” is defined as tangible personal property having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $10,000. MDH shall have the right to require transfer of all Equipment purchased with grant funds (including title) to MDH or to an eligible non-State party named by MDH. MDH may require the transfer of Equipment if the grant program is transferred to anothergrantee. At the end of this Grant Agreement, grantee must contact MDH’s Authorized Representative for further instruction regarding the disposition of Equipment. 13.2.Supplies “Supplies” is defined as all tangible personal property other than those described in the definition of Equipment. Grantee must notify MDH’s Authorized Representative regarding any remaining Supplies with an aggregate market value of $10,000 or more for further instruction regarding the disposition of those Supplies. For the purpose of this section, Supplies includes but is not limited to computers and incentives. 14.Ownership of Materials and Intellectual Property Rights 14.1.Ownership of Materials “Materials” is defined as any inventions, reports, studies, designs, drawings, specifications, notes, documents, software, computer-based training modules, and other recorded materials in whatever form. Grantee shall own all rights, title, and interest in all of the materials conceived, created, or otherwise arising out of the performance of this Grant Agreementby it, its employees, or subgrantees, either individually or jointly with others. Grantee hereby grants to MDH a perpetual, irrevocable, no-fee license and right to reproduce, modify, distribute, perform, make, have made, and otherwise use the Materials for any and all purposes, in all forms and manners that MDH, in its sole discretion,deems appropriate.Grantee shall, upon the request of MDH, execute all papers and perform all other acts necessary to document and secure this right and license to the Materials by MDH.At the request of MDH, Grantee shall permit MDH to inspect the original Materials and provide a copy of any of the Materials to MDH, without cost, for use by MDH in any manner MDH, in its sole discretion, deems appropriate. REQ:4020Page 8 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley 14.2.Intellectual Property Rights Grantee represents and warrants that Materials produced or used under this Grant Agreementdo not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names.Grantee shall indemnify and defend MDH, at Grantee’s expense, from any action or claim brought against MDHto the extent that it is based on a claim that all or parts of the materials infringe upon the intellectual property rights of another.Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this Grant Agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in Grantee’s or MDH’s opinion is likely to arise, Grantee shall at MDH’s discretion either procure for MDHthe right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. 15.Workers’Compensation Granteecertifies that it is in compliance withMinn. Stat. §176.181, subd.2, which pertains to workers’compensation insurance coverage.Grantee’s employees and agents, and any contractor hired by Granteeto perform the work required by this Grant Agreementand its employees, 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 MDH’s obligation or responsibility. 16.Publicity and Endorsement 16.1.Publicity Any publicity given to the program, publications, or activities performed resulting from this Grant Agreement, including but not limited to, websites, social media platforms, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Grantee or its employees individually or jointly with others, or any subgrantees, must identify MDH as the sponsoring agency. If publicity is not specifically authorized under this Grant Agreement, Grantee must obtain prior written approval from MDH’s Authorized Representative. If federal funding is being used for this Grant Agreement, the federal program must also be recognized. 16.2.Endorsement Granteemust not claim that MDHendorses its products,services, or activities. 17.Governing Law, Jurisdiction, and Venue This Grant Agreement, amendments and supplements to it, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Grant Agreement, or for breach thereof, must be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. REQ:4020Page 9 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley 18.Clerical Error Notwithstanding Clause “Assignment, Amendments, Waiver, and Grant Agreement Complete” of this Grant Agreement, MDH reserves the right to unilaterally fix clerical errors, defined as misspellings, minor grammatical or typographical mistakes or omissions, that do not have a substantive impact on the terms of the Grant Agreement without executing an amendment. MDH must inform Grantee of clerical errors that have been fixed pursuant to this paragraph within a reasonable period of time. 19.Lobbying 19.1.Grantee must ensure that grant funds are not used for lobbying, which includes paying or compensating any person for influencing or attempting to influence legislators or other public officials on behalf or against proposed legislation, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,or cooperative agreement. 19.2.In accordance with the provisions of 31 USC §1352, if Grantee uses any funds other than federal funds from MDH to conduct any of the aforementioned activities, Grantee must complete and submit to MDH the disclosure form specified by MDH. Further, Grantee must include the language of this section in all contracts and subcontracts, and all contractors and subcontractors must comply accordingly. 19.3.Providing education about the importance of policies as a public health strategy, however, is allowed. Education includes providing facts, assessment of data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. 19.4.By signing this Grant Agreement, Granteecertifies that it will not use any funds received from MDH to employ, contract with, or otherwise coordinate the efforts of a lobbyist, as defined in Minn. Stat. §10A.01, subd. 21. This requirement also applies to any subcontractors or subgrantees that Granteemay engage for any activities pertinent to this Grant Agreement. 20.Voter Registration Requirement Grantee will comply with Minn. Stat. §201.162,by providing voter registration services for its employees and for the public served by Grantee. 21.Debarment, Suspension and Responsibility Certification Federal regulation 2 CFR §200.214prohibits MDHfrom purchasing goods or services with federal money from any party that has been suspended or debarred by the federal government.Similarly, Minn. Stat. §§16C.03, subd. 2, and 16B.97, subd. 3, provides the Commissioner of Administration with the authority to debar and suspend any party that seeksto contract with MDH. Anyone may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. In particular, the federal REQ:4020Page 10 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley government expects MDHto have a process in place for determining whether a vendor has been suspended or debarred, and to prevent such vendors from receiving federal funds. By signing this Grant Agreement, Grantee certifies that it and its principals: a)Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; b)Have not within a three-year period preceding this Grant Agreement: a) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; b) violated any federal or state antitrust statutes; or c) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; c)Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state of local) transaction; b) violating any federal or state antitrust statutes; or c) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement or receiving stolen property; and d)Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Grant Agreementare in violation of any of the certifications set forth above. 22.Incentives When included in the approved Work Plan or Budget, the following language applies. 22.1.Handling of Incentives Grantee is required to have policies and procedures in place addressing the purchasing, security, distribution, and asset tracking of incentives. All grantee staff involved in the purchase, distribution, security, and reconciling of incentives must be trained on the grantee’s policies and procedures prior to the grantee placing any order for incentives. Those policies and procedures must, at a minimum, include the provisions outlined in this section. 22.2.Separation of duties More than one Grantee staff person must be involved in the management and handling of the incentives.The Grantee staff who authorizes the purchase of incentives must not have sole physical access to the incentives.The Grantee staff who will have physical access to the incentives cannot have sole access to modify the incentives records. Handoff of incentive from one person to another must be documented. 22.3.Distribution of Incentives Incentives may only be used for approved purposes by MDH. a)Only one incentive can be given to an individual per occurrence/event. REQ:4020Page 11 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley b)Undistributed incentives must always be kept in a secure location. Incentive instruments must never be stored in any personal homes, they must always be securely stored in the grantee’s business space. c)Grantee will purchase and have on hand no more than three months’ worth of incentives at any given time. The three months’ worth must be based off the most currently approved workplan. All incentives must be distributed prior to grantee purchasing additional incentives. d)Grantee will be responsible for the costs of any incentives that remain undistributed at the end of the Grant Agreement. e)If MDH provided the grantee with the incentives, the return of undistributed incentives to MDH must occur in person with the MDH’s Authorized Representative within 30 calendar days of the grant expiration date. If in-person return is not possible, the grantee must return undistributed incentives via courier or via US Mail that requires signatures and a tracking number within 30 calendar days of the grant expiration date. f)The tracking log must be returned separately from the physical cards. Electronic return is the preferred method for the tracking log. 22.4.Incentive tracking documentation The tracking documentation the Grantee is required to maintain must not contain any private data. The tracking system must record the following: a)Number of incentives on hand, including starting balance and any additional incentives purchased; b)description of the incentives; c)quantity of incentive(s) distributed to each participant; d)the last four digits of any pre-paid card number; e)value/amount; f)a unique non-identifiable data point for each participant (e.g. case number, file number); g)date participant received incentive(s);and h)signature of Grantee staff member providing incentive(s) to participant(s). 22.5.Reconciliation At least two different Grantee staff must reconcile the incentives at least quarterly. The Grantee staff conducting the reconciliation must not also be the handlers of the incentives. The reconciliation must include the dates and signature of the two people who perform the reconciliation. Grantee must submit the reconciliation documentation to MDH’s Authorized Representative no less than two weeks after each reconciliation. 22.6.Subcontracting/Subgranting The Grantee must communicate and verify that their subcontracts/subgrants will only use incentives for MDH approved purposes. The Grantee will be responsible for monitoring, oversight, and reconciliation of any incentives that its subcontractors or subgrantees REQ:4020Page 12 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley purchase and distribute and will include this same language in any of its subgrants or subcontracts that it enters as part of its work for MDH. 22.7.Lost or stolen incentives The Grantee bears all financial responsibility for any unaccounted for, lost, or stolen incentives. 22.8.Invoicing If the Grantee purchased the incentives themselves, the Grantee must only invoice MDH for the incentives after they’ve been distributed. 22.9.Failure to Comply For grantees who do not have effective written policies and procedures in place before purchasing incentives, MDH reserves the right to withhold payment and or request reimbursement in the amount equal to the unallowable costs. Withheld payments will be released when the grantee provides documentation to MDH that it has written effective policies and procedures in place. Grantees who do not comply with this requirement may be subject to increased monitoring and will be offered technical assistance. MDH also reserves the right to terminate a Grant Agreementfor failure to comply with these requirements. 23.Conflict of Interest Grantee will notify MDH’s Authorized Representative when they become aware of any potential, perceived, or actual conflict of interests as itrelates to this Grant Agreement. 24.Mandatory Disclosures An applicant, recipient, or subrecipient of funding under this Grant Agreementmust promptly Grant Agreement or Minn. Stat., ch.60931 U.S.C. 329–3733) or Minn. Stat. §609.465 Inspector General (if applicable), and MDH. Applicants, recipients, and subrecipients are also Appendix XII of 2 CFR §200. Failure to make required disclosures can result in any of the remedies described in 2 CFR § 200.339. (See also 2 CFR §180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) 25.Whistleblower Protections An employee of a recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a representative of MDH or a person or body described in paragraph (a)(2) of 41 U.S.C. 4712information that the employee reasonably believes is evidence of gross mismanagement of a Federal or state contract or grant, a gross waste of Federal or state funds, an abuse of authority relating to a Federal or state contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal or state contract (including the competition for or negotiation of a contract) or REQ:4020Page 13 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley grant. Therecipient and subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712and Minn. Stat. §§15C.145 and 181.932 -.935. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310. 26.Suspension for Insufficient Funding In the event of temporary lack of funding or appropriation, MDH may suspend its obligations under this Grant Agreement without terminating it. This suspension will be for the duration of the lack of funding or appropriation and shall not be considered a termination of the Grant Agreement. MDH will not be assessed any penalty if the Grant Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 26.1.Grantee will be notified in writing of the temporary suspension, and Grantee’s ability to perform under the Grant Agreement will be suspended during this period. MDH will provide reasonable notice to Grantee of the lack of funding or appropriation and shall notify Grantee once funding is restored or appropriated, and at MDH’s discretion, performance under the Grant Agreement may resume. 26.2.MDH may convert the suspension for insufficient funding to termination under clause 27.3. upon written notice to Grantee. 26.3.Grantee may reject MDH’s suspension for insufficient funding by written response to the notice of suspension. If Grantee rejects suspension, the notice of suspension shall be effective as a notice of termination under clause 27.3 with the same effective date as was provided for the suspension. 27.Termination 27.1.Termination by MDH or Grantee MDH or Grantee may terminate this Grant Agreementwithout cause, with at least 21 calendar days’ written notice (i.e., by mail, email, or both) to the other party.Upon termination, Grantee will be entitled to payment, determined on a pro rata basis, for activities satisfactorily performed. 27.2.Termination for Cause MDH may immediately terminate this Grant Agreementif MDH finds there has been a failure to comply with the provisions of this Grant Agreement, that timely progress has not been made,or that the purposes for which the funds were granted have not been or will not be fulfilled. MDH 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. 27.3.Termination for Insufficient Funding MDH may immediately terminate this Grant Agreementif it does not obtain funding from the Minnesota Legislature or other funding sources; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this Grant Agreement. Termination must be by written notice to Grantee; i.e., mail, email, or both. MDH is not obligated to pay for any work performed after notice and effective date of the termination. REQ:4020Page 14 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley However, Grantee will be entitled to payment, determined on a pro rata basis, for activities satisfactorily performed to the extent that funds are available. MDH will not be assessed any penalty if this Grant Agreementis terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MDH must provide Grantee notice of the lack of funding within a reasonable time of MDH receiving notice of the same. 27.4.Termination by Commissioner of Administration The Commissioner of Administration may immediately and unilaterally terminate this Grant Agreementiffurther performance under the Grant Agreementwould not serve MDH’s purposes or performance under the Grant Agreementis not in the best interests of the State of Minnesota. Exhibits The following Exhibits are attached and incorporated into this Grant Agreement. In the event of a conflict between the terms of this Grant Agreementand its Exhibits, or between Exhibits, the order of precedence is first the Grant Agreement, and then in the following order: 1.Exhibit A –Grantee’s Activities / Scope of Work 2.Exhibit B –Grantee’s Budget \[Signatures on following page\] REQ:4020Page 15 of 19 Standard Grant Template - Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley APPROVED: 1.State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat. §§16A.15and 16C.05. Ejhjubmmz!tjhofe!cz!Sbdifm!MfCmbod! Sbdifm!MfCmbod Ebuf;!3137/13/35!19;62;11!.17(11( Signature: 284786/3000130380/REQ 4020 SWIFT Contract & Initial PO: 2.Grantee Granteecertifies that the appropriate persons(s) have executed the Grant Agreementon behalf of Granteeas required by applicable articles, bylaws, resolutions, or ordinances. Signature:Signature: Title: Title: Date:Date: Signature:Signature: Title: Title: Date:Date: 3.Minnesota Department of Health Grant agreement approval and certification that State funds have been encumbered as required by Minn. Stat. §§16A.15and 16C.05. Signature: (with delegated authority) Title: Date: Distribution: All parties on the DocuSign envelope will receive a copy of the fully executed Grant Agreement. REQ:4020Page 16 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Exhibit A –Grantee’s Activities/ Scope of Work Grantee is expected to perform the following activities. Modifications to Exhibit A must be discussed with MDH. MDH will communicate, in writing, with Grantee as to whether modifications are approved or require a formal grant amendment. Activity/Work PlanAnticipated Outcome City of Fridley will promote well sealing program and Well sealing within the DWSMA area will review applications. Sealing will be performed by reduce the contamination of vulnerable licensed contractors after receipt of quotes for successful wells. applicants. City will verify sealing is completed through onsite inspection. Terms and ConditionsAdditional Notes/Requirements 1. Grantee shall contact MDH Well Management 24 hours prior to beginning any well construction or sealing work. Contact either Patrick Sarafolean, MDH Hydrologist,at 651-201-3962or Jennifer Weier, MDH Hydrologist In compliance with MDH standards Supervisor,at 651-201-3658during normal business hours Monday to Friday between 8:00 am and 4:30 pm to ensure that MDH has the opportunity to inspect during the well construction or sealing process. 2. Grantee agrees that work shall take place only in the MDH approved Drinking Water Supply Management Area In Compliance with MDH standards (DWSMA). Grantee will be reimbursed only for work that takes place in the DWSMA. 3. Grantee shall pay in full any licensed contractor or consultant hired for the purpose of completing any work In Compliance with MDH standards under this Grant Agreement. 4. Grantee will provide the unique well numbers with the Request records from your contractor Well Sealing Record(s) with the final invoice. 5. On or before the end date of this Agreement, the Grantee shall provide MDH with one electronic copy of all final products produced under this Grant Agreement, including reports, publications, software and videos. If In Compliance with MDH standards required by the nature of the project, data collected during the project shall be reported in a format acceptable to MDH. REQ:4020Page 17 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Terms and ConditionsAdditional Notes/Requirements 6. In the event the Grantee is unable to satisfactorily complete all the duties specified in this grant agreement, the Grantee will forfeit payment. A Grantee who has not satisfactorily fulfilled the grant obligations, including but In compliance with MDH standards not limited to paying the contractor in full for all work performed by the contractor, will be denied participation in the next grant cycle. 7. In accordance with Minn. Stat. §16B.98, subd. 5(d), Grantee must clearly post on Grantee’s website the names of, and contact information for, the Grantee’s In compliance with MDH standards leadership and the employee or other person who directly manages and oversees this Grant Agreement on behalf of the Grantee. 8. Any digital materials created, and shared outside of the grantee’s organization, Grantee is required to comply with State of Minnesota’s Digital Accessibility Standard. This requirement flows down to any subcontractors and In compliance with MDH standards or any third-party entity the Grantee may utilize and compensate with MDH grant funds.The statewide Standard can be viewed online at Accessibility | Policies & Standards / Minnesota IT Services Grantee is subject to a variety of compliance activities, as outlined below. Report TypeReporting Period / Due DateDue Date Upon completion of the project, Grantee shall complete and submit an Grant Narrative itemized Grant Invoice and a Grant Narrative Report to MDH SWPin the 2/26/2027 ReportFluxxportal system. The Grant Narrative Report and the Grant Invoice shall be due no later than the expiration day of this Grant Agreement. REQ:4020Page 18 of 19 Standard Grant Template -Version Nov 2025 SWIFT Contract Number 284786 Between MDH and City of Fridley Exhibit B –Grantee’s Budget The budget shown below is for reference only and is non-binding. CategoryBudget PeriodTotal Contractual2/27/2026to 2/26/2027$15,000.00 Grantee’s Indirect Cost Rate for this Grant Agreement is as follows: Indirect costs are not allowed by Funder. Permitting fees payable to MDH (i.e. well construction fee; well sealing fee) are not eligible and will be deducted from the final invoice, before reimbursement. Pressure tanks are grant eligible, as part of a new well construction and pump system project. The pressure tank must be appropriately sized for the pump being proposed for the new well and not sized for additional water storage. Pressure tank designed to serve the purpose of water storage, as well as the replacement or maintenance of pressure tanks, remains ineligible for grant reimbursement. Water lines may be reimbursed only from the well to the pressure tank or to the building, whichever comes first. REQ:4020Page 19 of 19 Dfsujgjdbuf!Pg!Dpnqmfujpo Fowfmpqf!Je;!D33BEG35.7628.5DG5.9BCF.464G4DC::D85Tubuvt;!Tfou Tvckfdu;!Dpnqmfuf!xjui!Epdvtjho;!395897`SFR`5131`HB`Djuz`pg`Gsjemfz/qeg Tpvsdf!Fowfmpqf;! Epdvnfou!Qbhft;!2:Tjhobuvsft;!2Fowfmpqf!Psjhjobups;! Dfsujgjdbuf!Qbhft;!3Jojujbmt;!1Feejf!Xpktlj BvupObw;!Fobcmfe736!Spcfsu!Tu/!O FowfmpqfJe!Tubnqjoh;!FobcmfeQP!Cpy!75:86 Ujnf!\[pof;!)VUD.17;11*!Dfousbm!Ujnf!)VT!'!Dbobeb*Tu/!Qbvm-!NO!!66275 feejf/xpktljAtubuf/no/vt JQ!Beesftt;!267/:9/247/41 Sfdpse!Usbdljoh Tubuvt;!PsjhjobmIpmefs;!Feejf!XpktljMpdbujpo;!EpdvTjho !!!!!!!!!!!!!303503137!2;25;32!QN!!!!!!!!!!!!!feejf/xpktljAtubuf/no/vt Tfdvsjuz!Bqqmjbodf!Tubuvt;!DpoofdufeQppm;!TubufMpdbm Tupsbhf!Bqqmjbodf!Tubuvt;!DpoofdufeQppm;!Efqbsunfou!pg!IfbmuiMpdbujpo;!Epdvtjho Tjhofs!FwfoutTjhobuvsfUjnftubnq Kbtpo!XjfimfTfou;!303503137!2;31;51!QN kbtpo/xjfimfAgsjemfzno/hpwWjfxfe;!303503137!2;4:;55!QN! Vujmjujft!NbobhfsTjhofe;!303503137!2;53;22!QN Tfdvsjuz!Mfwfm;!Fnbjm-!Bddpvou!Bvuifoujdbujpo! Tjhobuvsf!Bepqujpo;!Qsf.tfmfdufe!Tuzmf )Opof* Vtjoh!JQ!Beesftt;!61/284/346/77 Fmfduspojd!Sfdpse!boe!Tjhobuvsf!Ejtdmptvsf;! !!!!!!Opu!Pggfsfe!wjb!Epdvtjho NEI!EfmfhbufeTfou;!303503137!2;53;23!QN ifbmui/Efmfhbufe`TjhobuvsfAtubuf/no/vt Qvsdibtjoh!Tvqfswjtps Tfdvsjuz!Mfwfm;!Fnbjm-!Bddpvou!Bvuifoujdbujpo! )Opof* Fmfduspojd!Sfdpse!boe!Tjhobuvsf!Ejtdmptvsf;! !!!!!!Opu!Pggfsfe!wjb!Epdvtjho Jo!Qfstpo!Tjhofs!FwfoutTjhobuvsfUjnftubnq Fejups!Efmjwfsz!FwfoutTubuvtUjnftubnq Bhfou!Efmjwfsz!FwfoutTubuvtUjnftubnq Joufsnfejbsz!Efmjwfsz!FwfoutTubuvtUjnftubnq Dfsujgjfe!Efmjwfsz!FwfoutTubuvtUjnftubnq Dbscpo!Dpqz!FwfoutTubuvtUjnftubnq ifbmui/fodvncsbodfAtubuf/no/vt ifbmui/fodvncsbodfAtubuf/no/vt Tfdvsjuz!Mfwfm;!Fnbjm-!Bddpvou!Bvuifoujdbujpo! )Opof* Fmfduspojd!Sfdpse!boe!Tjhobuvsf!Ejtdmptvsf;! !!!!!!Opu!Pggfsfe!wjb!Epdvtjho Dbscpo!Dpqz!FwfoutTubuvtUjnftubnq Kbtpo!Xjfimf kbtpo/xjfimfAgsjemfzno/hpw Tfdvsjuz!Mfwfm;!Fnbjm-!Bddpvou!Bvuifoujdbujpo! )Opof* Fmfduspojd!Sfdpse!boe!Tjhobuvsf!Ejtdmptvsf;! !!!!!!Opu!Pggfsfe!wjb!Epdvtjho Csjbo!Opnb csjbo/opnbAtubuf/no/vt Tfdvsjuz!Mfwfm;!Fnbjm-!Bddpvou!Bvuifoujdbujpo! )Opof* Fmfduspojd!Sfdpse!boe!Tjhobuvsf!Ejtdmptvsf;! !!!!!!Opu!Pggfsfe!wjb!Epdvtjho Xjuoftt!FwfoutTjhobuvsfUjnftubnq Opubsz!FwfoutTjhobuvsfUjnftubnq Fowfmpqf!Tvnnbsz!FwfoutTubuvtUjnftubnqt Fowfmpqf!TfouIbtife0Fodszqufe303503137!2;31;51!QN Qbznfou!FwfoutTubuvtUjnftubnqt AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By: Title: Resolution No. 2026-23, Approving a Grant Agreement Between the City of Fridley and Minnesota Department of Employment and Economic Development for an Inclusive Playground at Commons Park Background In 2023, State of Minnesota legislation appropriated $500,000 in grant funds for an inclusive playground project in the City of Fridley's (City) Commons Park. The playground has been designed with community and stakeholder input and includes special features to be accessible to individuals with disabilities. The grant is administered by the Minnesota Department of Employment and Economic Development. The playground project is currently in progress with equipment being installed in the fall of 2025 and will be completed in the spring of 2026 with the installation of accessible safety surfacing, fencing and seating. Financial Impact Total project costs for the inclusive playground equipment, installation and surfacing are $1,270,719. With the grant funding of $500,000, the total project cost to the City of Fridley is $770,719. Recommendation Staff recommends approval of Resolution 2026-23, Approving a Grant Agreement Between the City of Fridley and Minnesota Department of Employment and Economic Development for an Inclusive Playground at Commons Park. Focus on Fridley Strategic Alignment xVibrant Neighborhoods & Places Financial Stability & Commercial Prosperity Organizational Excellence xCommunity Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1.Resolution No. 2026-23 2.Grant Agreement City of Fridley and Department of Employment and Economic Development Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Resolution No. 2026-23 Approving a Grant Agreement Between the City of Fridley and Minnesota Department of Employment and Economic Development for an Inclusive Playground at Commons Park Whereas, the City of Fridley (City) has prepared a comprehensive park system master plan which identifies Commons Park as a community park to be redeveloped; and Whereas, City community members and stakeholders, through a robust engagement process, identified an inclusive playground as a priority element of the Commons Park development and participated in the playground design process; and Whereas,provisions contained in 2023 MN Laws, Chapter 71, Article 1, Section 14, subd. 18, states the State of Minnesota has allocated $500,000 to be given to the City as a grant to assist it in the predesign, design, construction, furnishing, and equipping of an inclusive and accessible playground at Commons Park in the City; and Whereas, the City has committed funds to complete the inclusive playground project and has the operational capacity to maintain, inspect and monitor the inclusive playground and supporting park infrastructure; and Whereas, staff recommends approval of the grant agreement, SPAP-23-0034-P-FY26, between the City and Minnesota Department of Employment and Economic Development. Now, therefore be it resolved, that the City Council of the City of Fridley authorizes the execution of a General Fund Grant Agreement – Construction Grant for the City of Fridley Inclusive Playground Project between the City of Fridley and the Minnesota Department of Employment and Economic Development. Passed and adopted by the City Council of the City of Fridley this 9th day of March, 2026. _______________________________________ Dave Ostwald – Mayor Attest: ___________________________________ Melissa Moore – City Clerk General Fund Grant Agreement Î Construction Grant for the City of Fridley - Inclusive Playground Project SPAP-23-0034-P-FY26 TABLE OF CONTENTS RECITALS Article I - Definitions Section 1.01 Defined Terms Article II - GRANT Section 2.01 Grant of Monies Section 2.02 Use of Grant Proceeds Section 2.03 Operation of the Real Property and Facility Section 2.04 Grant Recipient Representations and Warranties Section 2.05 Event(s) of Default Section 2.06 Remedies Section 2.07 Notification of Event of Default Section 2.08 Term of Grant Agreement Section 2.09 Modification and/or Early Termination of Grant Section 2.10 Effect of Event of Default Section 2.11 Excess Funds Article III - USE AND SALE Section 3.01 Use Contracts Section 3.02 Sale Section 3.03 Proceeds of a Sale Article IV - DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances Section 4.02 Draw Requisitions Section 4.03 Additional Funds from Grant Recipient Section 4.04 Conditions Precedent to Any Advance Section 4.05 Construction Inspections Article V - MISCELLANEOUS Section 5.01 Insurance Section 5.02 Condemnation Section 5.03. Use, Maintenance, Repair and Alterations Section 5.04 Records Keeping and Reporting Section 5.05 Inspection of Facility After Completion Section 5.06 Data Practices Section 5.07 Non-Discrimination Section 5.08 WorkerÓs Compensation Section 5.09 Antitrust Claims Section 5.10 Review of Plans and Cost Estimates Section 5.11 Prevailing Wages Section 5.12 Liability Section 5.13 Indemnification by the Grant Recipient Section 5.14 Relationship of the Parties Section 5.15 Notices Section 5.16 Binding Effect and Assignment or Modification Section 5.17 Waiver Section 5.18 Entire Agreement Section 5.19 Choice of Law and Venue Section 5.20 Severability Section 5.21 Time of Essence Section 5.22 Counterparts Section 5.23 Matching Funds Section 5.24 Source and Use of Funds Section 5.25 Project Completion Schedule Section 5.26 Third-Party Beneficiary Section 5.27 Applicability to Real Property and Facility Section 5.28 E-Verification Section 5.29 Additional Requirements Attachment I - DECLARATION Attachment II - LEGAL DESCRIPTION Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECT Attachment IV - PROJECT COMPLETION SCHEDULE General Fund Grant Agreement - Construction Grant for the City of Fridley- Inclusive Playground Project THIS AGREEMENT shall be effective as of June 2, 2023, and is between the City of Fridley, a Home Rule Charter city (the ÐGrant RecipientÑ), and the Minnesota Department of Employment and Economic Development (the ÐState EntityÑ). RECITALS A. Under the provisions contained in 2023 MN Laws, Chapter 71, Article 1, Section 14, subd. 18, the State of Minnesota has allocated $500,000, which is to be given to the Grant Recipient as a grant to assist it in the predesign, design, construction, furnishing, and equipping of an inclusive and accessible playground at Commons Park in the city of Fridley. For the purposes of this subdivision, "inclusive and accessible playground" means a playground, planned and designed in partnership with community stakeholders, designed to be safe and accessible to all children including those with intellectual, developmental, or physical disabilities.; and B. The monies allocated to fund the grant to the Grant Recipient are appropriated money from the State of MinnesotaÓs general fund; and C. The Grant Recipient and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Grant Recipient. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I - Definitions Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: ÐAdvance(s)Ñ Î means a disbursement of funds made or to be made by the State Entity to the Grant Recipient and disbursed in accordance with the provisions contained in Article IV hereof. ÐAgreementÑ - means this General Funds Grant Agreement Construction Grant for the City of Fridley- Inclusive Playground Project. ÐArchitectÑ, if any Î means__N/A___, which will administer the Construction Contract Documents on behalf of the Grant Recipient. 1 ÐCommissioner of Management and BudgetÑ - means the State of Minnesota acting through its Commissioner of Management and Budget, and any designated representatives thereof. ÐCompletion DateÑ Î means December 31, 2031, the date of projected completion of the Project as specified in the Construction Contract Documents. ÐContractorÑ - means any person engaged to work on or to furnish materials and supplies for the Project including, if applicable, a general contractor. ÐConstruction Contract DocumentsÑ - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders or supplements thereto, which collectively form the contract between the Grant Recipient and the Contractor or Contractors concerning the Project and which provide for the completion of the Project on or before the Completion Date for either a fixed price or a guaranteed maximum price. ÐDeclarationÑ - means a declaration, or declarations, in the form as Attachment I and all amendments thereto, indicating that the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility is subject to the provisions of this Agreement. ÐDraw RequisitionÑ - means a draw requisition that the Grant Recipient, or its designee, will submit to the State Entity when an Advance is requested, and which is referred to in Section 4.02. ÐEvent of DefaultÑ - means those events delineated in Section 2.05. ÐFacilityÑ, if applicable, - means an inclusive playground, which is located, or will be constructed and located, on the Real Property. ÐFair Market ValueÑ Î means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal which assumes that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released at the time of acquisition by the purchaser. ÐGrantÑ - means a grant of monies from the State Entity to the Grant Recipient in an amount of $500,000. ÐGrant RecipientÑ - means the City of Fridley, a Home Rule Charter city. ÐInspecting EngineerÑ, if any - means the State EntityÓs construction inspector, or its designated consulting engineer. ÐProjectÑ - means the acquisition of an interest in the Real Property and, if applicable, the Facility, along with the performance of those activities indicated in Section 2.03. 2 ÐReal PropertyÑ - means the real property located in the County of Anoka, State of Minnesota, legally described in Attachment II. ÐState EntityÑ - means the Minnesota Department of Employment and Economic Development. ÐUse ContractÑ - means a lease, management contract or other similar contract between Grant Recipient and any other entity, and which involves or relates to the Real Property and, if applicable, the Facility. ÐUseeÑ - means any entity with which the Grant Recipient contracts under a Use Contract. ÐUseful Life of the Real Property and, if applicable, the FacilityÑ Î means the term set forth in Section 2.04.T. of this Agreement. Article II - GRANT Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Grant Recipient and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan. Section 2.02 Use of Grant Proceeds. The Grant Recipient shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities: (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property; Acquisition of a leasehold interest in the Real Property; Acquisition of an easement on the Real Property; x Improvement of the Real Property; Acquisition of the Facility; Improvement of the Facility; Renovation or rehabilitation of the Facility; Construction of the Facility; or . Section 2.03 Operation of the Real Property and Facility. The Grant Recipient shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as an inclusive 3 playground, or for such other use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts must fully comply with all of the provisions contained in Section 3.01. The Grant Recipient shall also annually determine that the Real Property and, if applicable, the Facility are being so used, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity. Section 2.04 Grant Recipient Representations and Warranties. The Grant Recipient further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Grant Recipient enforceable against the Grant Recipient in accordance with their respective terms. C. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. D. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it previously submitted to the State Entity or which it will submit to the State Entity in the future relating to the Grant or the disbursement of any of the Grant is and will be true and correct. E. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, the Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. F. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein, nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. G. The contemplated use of the Real Property and, if applicable, the Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. H. The Project was, or will be, completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. 4 I. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. J. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been, or will be, obtained. K. It will operate, maintain, and manage the Real Property and, if applicable, the Facility in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, the Facility. L. It has, or will acquire, the following interest in the Real Property and, if applicable, the Facility, and, in addition, will possess all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property: x Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility: Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. 5 (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Not applicable because there is no Facility. and such interests are or will be subject only to those easements, covenants, conditions and restrictions that will not materially interfere with the completion of the Project and the intended operation and use of the Real Property and, if applicable, the Facility, or those easements, covenants, conditions and restrictions which are specifically consented to, in writing, by the State Entity. M. It will fully enforce the terms and conditions contained in any Use Contract. N. It has complied with the matching funds requirement, if any, contained in Section 5.23. O. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. P. The Project will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and will be situated entirely on the Real Property. Q. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its conduct of work on the Project. R. It will not allow any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanicÓs lien or a mortgage lien, without the prior written consent of the State Entity. S. It will furnish to the State Entity as soon as possible and in any event within 7 calendar days after the Grant Recipient has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Grant Recipient proposes to take with respect thereto. T. The Useful Life of the Real Property and, if applicable, Facility is 20 years. U. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner of Management and Budget. 6 Section 2.05 Event(s) of Default. The following events shall, unless waived in writing by the State Entity, constitute an Event of Default under this Agreement upon the State Entity giving the Grant Recipient 30 days written notice of such event, and the Grant RecipientÓs failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Grant Recipient is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following events that cannot be cured shall, unless waived in writing by the State Entity, constitute an Event of Default under this Agreement immediately upon the State Entity giving the Grant Recipient written notice of such event. A. If any representation, covenant, or warranty made by the Grant Recipient herein, in any Draw Requisition, or in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to make any Advance, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Grant Recipient fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of Management and Budget may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make Advances after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. The Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may demand that the portion of the Grant already disbursed to the Grant Recipient be returned to it, and upon such demand the Grant Recipient shall return such portion to the Commissioner of Management and Budget. C. Either the State Entity or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of Management and Budget would otherwise possess. If the Grant Recipient does not repay any portion of the amount specified in Section 2.06.B within 30 days of demand by either the State Entity or the Commissioner of Management and Budget, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Grant Recipient is entitled to receive from the State of Minnesota. 7 Section 2.07 Notification of Event of Default. The Grant Recipient shall furnish to both the State Entity and the Commissioner of Management and Budget, as soon as possible and in any event within 7 calendar days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Grant Recipient proposes to take with respect thereto. Section 2.08 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the purpose set forth in Section 2.03 after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the State Entity shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.09 Modification and/or Early Termination of Grant. If the Project is not started on or before December 31, 2029, or such later date to which the Grant Recipient and the State Entity may agree in writing, then, the State EntityÓs obligation to fund the Grant shall terminate, and, in such event, (i) if none of the Grant has been disbursed by such date then the State EntityÓs obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has been disbursed by such date then the State shall have no further obligation to provide any additional funding for the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. In addition, if all of the Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, then the State EntityÓs obligation to continue to fund the Grant shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such date then the State EntityÓs obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (z) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the Grant and this Agreement shall remain if full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon (a) the termination of the Grant RecipientÓs leasehold or easement interest in the Real Property in accordance with the terms of such lease or easement, or (b) the sale of the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of Management and Budget in compliance with the provisions contained in Section 3.03. Upon such termination the State Entity shall execute and deliver to the Grant Recipient such 8 documents as are required to release the Real Property and, if applicable, the Facility, from the effect of the Declaration. In the event that the legislation that authorized the Grant is amended to increase or reduce the amount of the Grant or in any other way, then this Agreement shall be deemed to have been automatically modified in accordance with such amendment and the amount of the Grant shall also be automatically modified in accordance with such amendment. Section 2.10 Effect of Event of Default. If an Event of Default occurs and the Grant Recipient is required to and does return the amount specified in Section 2.06.B to the Commissioner of Management and Budget, then the following shall occur. A. This Agreement shall survive and remain in full force and effect. B. The amount returned by the Grant Recipient shall be credited against any amount that shall be due to the Commissioner of Management and Budget under Section 3.03 and against any amount that becomes due and payable because of any other Event of Default. Section 2.11 Excess Funds. If the full amount of the Grant and any matching funds referred to in Section 5.23 are not needed to complete the Project, then, unless language in the legislation that authorized the Grant indicates otherwise, the Grant shall be reduced by the amount not needed. Article III - USE AND SALE Section 3.01 Use Contracts. Each and every Use Contract that the Grant Recipient enters into must comply with the following requirements: A. The purpose for which the Use Contract was entered into must be a governmental purpose. B. It must contain a provision setting forth the statutory authority under which the Grant Recipient is entering into the Use Contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that the Use Contract is being entered into in order to carry out the purpose for which the Grant was allocated, and must recite the purpose. D. It must be for a term, including any renewals that are solely at the option of the Grant Recipient, that is, if applicable, substantially less than the useful life of the structures and improvements that make up the Facility, but may allow for renewals beyond the original term upon a determination by the Grant Recipient that the use continues to carry out the specific purpose for which the Grant was allocated. A term that is equal to or shorter than 50% of the useful life of the structures and improvements that make up the Facility will meet the requirement that it be for a time period that is substantially shorter than the useful life of such structures and improvements. 9 E. It must allow for termination by the Grant Recipient in the event of a default thereunder by the Usee, or in the event that the specific purpose for which the Grant was allocated is terminated or changed. F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if applicable, the Facility, unless the Grant Recipient is authorized by law to pay such costs and agrees to pay such costs. G. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Usee to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, Subd. 1, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with fully. A. The Grant Recipient determines, by official action, that it is no longer usable or needed as an inclusive playground. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. Written notice of such proposed sale has been supplied to both the State Entity and the Commissioner of Management and Budget at least 30 days prior thereto. The acquisition of the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Grant RecipientÓs interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, the Facility in a manner which is not inconsistent with the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lenderÓs ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.03. Section 3.03 Proceeds of a Sale. Upon the sale of the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of Management and Budget in an amount equal to the amount of the Grant actually disbursed, and if the amount of such net proceeds shall be less than the amount of the Grant actually disbursed then all of such net proceeds shall be distributed to the Commissioner of Management and Budget. 10 B. The remaining portion, after the distribution specified in Section 3.03.A, shall be distributed to pay in full any outstanding public or private debt incurred to acquire the Grant RecipientÓs interest in or for the betterment of the Real Property and, if applicable, the Facility in the order of priority of such debt. C. Any remaining portion, after the distributions specified in Sections 3.03A and B, shall be divided and distributed in proportion to the shares contributed to the acquisition of the Grant RecipientÓs interest in or for the betterment of the Real Property and, if applicable, the Facilities by public and private entities, including the State Entity but not including any private entity that has been paid in full, that supplied funds in either real monies or like-kind contributions for such acquisition and betterment, and the State EntityÓs distribution shall be made to the Commissioner of Management and Budget. Such public and private entities may agree amongst themselves as to any redistribution of such distributed funds. The Grant Recipient shall not be required to pay or reimburse the State Entity for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Grant actually disbursed. Article IV - DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Grant to the Grant Recipient from time to time in an aggregate total amount equal to the amount of the Grant. Provided, however, in accordance with the provisions contained in Section 2.08, the State EntityÓs obligation to make Advances shall terminate as of the date which occurs 5 years from the effective date of this Agreement even if all of the Grant has not been disbursed by such date. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1 Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.23 that have been disbursed) Formula #2 Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Grant Recipient desires a disbursement of a portion of the Grant, which shall be no more often than once each calendar month, the Grant Recipient shall submit to the State Entity a Draw Requisition duly executed on behalf of the Grant Recipient or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 11 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Grant Recipient and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Project site in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Project site will be made by the State Entity unless the Grant Recipient shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Grant Recipient shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before substantial completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Project and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Grant Recipient shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Grant Recipient has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Grant Recipient. Section 4.03 Additional Funds from Grant Recipient. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all other funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, then the State Entity may send written notice thereof to the Grant Recipient specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Grant Recipient agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State EntityÓs notice. Section 4.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: 12 A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the maximum amount of the Grant set forth in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Grant Recipient has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Grant Recipient. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Grant Recipient has sufficient funds to fully and completely pay for the entire Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Grant Recipient is in compliance with the matching funds requirements, if any, contained in Section 5.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Grant Recipient currently possesses or will use the Grant to acquire the ownership interest delineated in Section 2.04.L. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, the Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and have been duly approved by the applicable municipal or governmental authorities having jurisdiction. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the completion of the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. 13 J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, the Facility to be operated in the manner specified in Section 2.03. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Grant Recipient has the ability and a plan to fund the program which will be operated on the Real Property and, if applicable, in the Facility. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Construction Contract Documents are in place and are fully and completely enforceable. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Project substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Project or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents which name the State Entity and the Grant Recipient dual obligees thereunder, or such other evidence as may be acceptable to the Grant Recipient and the State Entity. N. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the policies of insurance required under Section 5.01 are in full force and effect. O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 5.10 and all additional applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 5.10.B has been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 5.10.C have received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have been notified pursuant to Section 5.10.G. P. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, or if such a determination has been made and notice thereof sent to the Grant Recipient then the Grant Recipient has supplied or has caused some other entity 14 to supply the necessary funds in accordance with Section 4.03, or to provide evidence acceptable to the State Entity that sufficient funds are available. Q. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. R. The Grant Recipient has supplied to the State Entity all other items that the State Entity may reasonably require. Section 4.05 Construction Inspections. The Grant Recipient and the Architect, if any, shall be responsible for making their own inspections and observations of the Project, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the applicable contracts with such Contractors. If any work done or materials supplied by a Contractor are not satisfactory to the Grant Recipient and the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Grant Recipient shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer may conduct such inspections of the Project as either may deem necessary for the protection of the State EntityÓs interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer are made and all certificates issued by the Inspecting Engineer will be issued solely for the benefit and protection of the State Entity, and the Grant Recipient will not rely thereon. Article V - MISCELLANEOUS Section 5.01 Insurance. The Grant Recipient shall maintain or cause to be maintained builders risk insurance and fire and extended coverage insurance on the Facility, if such exists, in an amount equal to the full insurable value thereof, and shall name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occurs to the Facility, if such exists, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance with the provisions contained in Section 3.02. If the Grant Recipient elects to only partially repair such damage, then the portion of the insurance proceeds which are not used for such repair shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant RecipientÓs interest in the Real Property and Facility, if such exists, had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant RecipientÓs interest in the Real Property and Facility, if such exists. If the Grant Recipient elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. 15 As loss payee under the insurance required herein the State Entity agrees to and will assign or pay over to the Grant Recipient all insurance proceeds it receives so that the Grant Recipient can comply with the requirements that this Section 5.01 imposes upon the Grant Recipient as to the use of such insurance proceeds. If the Grant Recipient elects to maintain general comprehensive liability insurance regarding the Real Property and Facility, if such exists, then the Grant Recipient shall have the State Entity named as an additional named insured therein. At the written request of either the State Entity or the Commissioner of Management and Budget, the Grant Recipient shall promptly furnish thereto all written notices and all paid premium receipts received by the Grant Recipient regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. Section 5.02 Condemnation. If all or any portion of the Real Property and, if applicable, the Facility is condemned to an extent that the Grant Recipient can no longer comply with the provisions contained in Section 2.03, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Grant Recipient to continue to comply with the provisions contained in Section 2.03 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility. If the Grant Recipient elects to sell its interest in the portion of the Real Property and, if applicable, the Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Grant Recipient all of such condemnation awards or proceeds it receives so that the Grant Recipient can comply with the requirements which this Section 5.02 imposes upon the Grant Recipient as to the use of such condemnation awards or proceeds. Section 5.03. Use, Maintenance, Repair and Alterations. The Grant Recipient shall not, without the written consent of the State Entity, permit or suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other than the use for which the same is intended as of the effective date of this Agreement. In addition, the Grant Recipient: (i) shall keep the Real Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, without written consent of the State Entity, remove, demolish 16 or substantially alter (except such alterations as may be required by laws, ordinances or regulations) any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (vi) shall comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property and, if applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto, (vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable, the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any lease if the Grant RecipientÓs interest in the Real Property and, if applicable, the Facility, is a leasehold interest, (x) shall comply with the provisions of any condominium documents if the Real Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove any fixtures or personal property from the Real Property and, if applicable, the Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with like property of at least equal value and utility, and (xii) shall not commit, suffer or permit any act to be done in or upon the Real Property and, if applicable, the Facility, in violation of any law, ordinance or regulation. Section 5.04 Records Keeping and Reporting. The Grant Recipient shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Project and operation of the Real Property and, if applicable, the Facility, and compliance with the requirements contained in this Agreement, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records, papers, or other documents relevant to the Grant. The Grant Recipient shall use or cause the entity which is maintaining such books and records to use generally accepted accounting principles in the maintenance of such books and records, and shall retain or cause to be retained all of such books, records, documents and other evidence for a period of 6 years from the date that the Project is fully completed and placed into operation. Section 5.05 Inspection of Facility After Completion. Upon reasonable request by the State Entity the Grant Recipient shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, the Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility. Section 5.06 Data Practices. The Grant Recipient agrees with respect to any data that it possesses regarding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. 17 Section 5.07 Non-Discrimination. The Grant Recipient agrees to not engage in discriminatory employment practices in the completion of the Project, or operation or management of the Real Property and, if applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 5.08 WorkerÓs Compensation. The Grant Recipient agrees to comply with all of the provisions relating to workerÓs compensation contained in Minn. Stat. §§ 176.181, Subd. 2 and 176.182 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, with respect to the completion of the Project, and the operation or management of the Real Property and, if applicable, the Facility. Section 5.09 Antitrust Claims. The Grant Recipient hereby assigns to the State Entity and the Commissioner of Management and Budget all claims it may have for over charges as to goods or services provided in its completion of the Project, and operation or management of the Real Property and, if applicable, the Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.10 Review of Plans and Cost Estimates. The Grant Recipient agrees to comply with all applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Grant Recipient and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Grant Recipient shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Grant Recipient shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Grant Recipient shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital 18 Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Grant Recipient must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 5.10.C. E. The program plan and cost estimates referred to in Section 5.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 5.10.B and the program plan and cost estimates referred to in Section 5.10.C must include provisions for cost-effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Grant Recipient shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H. The Project must be: (i) completed in accordance with the program plan and cost estimates referred to in Section 5.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 5.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 5.10.C. Provided, however, the provisions and requirements contained in this Section 5.10 only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a 19 construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 5.11 Prevailing Wages. The Grant Recipient agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Real Property and, if applicable, Facility as intended by the Minnesota Legislature. By agreeing to this provision, the Grant Recipient is not acknowledging or agreeing that the cited provisions apply to the Project or to the operation of the Real Property and, if applicable, Facility. Section 5.12 Liability. The Grant Recipient and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of Management and Budget is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Grant Recipient is a ÐmunicipalityÑ as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Grant Recipient, including but not limited to the indemnification provided under Section 5.13, is governed by the provisions contained in such Chapter 466. Section 5.13 Indemnification by the Grant Recipient. The Grant Recipient shall bear all loss, expense (including attorneysÓ fees), and damage in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, whether or not due to any act of omission or commission, including negligence of the Grant Recipient or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their employees, servants or agents. The Grant Recipient further agrees to indemnify, save, and hold the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grant Recipient, its officers, employees, or agents, or by any Usee, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 5.06. 20 The Grant RecipientÓs liability hereunder shall not be limited to the extent of insurance carried by or provided by the Grant Recipient, or subject to any exclusions from coverage in any insurance policy. Section 5.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, nor shall the Grant Recipient be considered or deemed to be an agent, representative, or employee of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property and, if applicable, the Facility. The Grant Recipient represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the completion of the Project and the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel of the Grant Recipient or other persons while engaging in the performance of this Agreement, the completion of the Project, or the operation and maintenance of the Real Property and, if applicable, the Facility shall not have any contractual relationship with either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the WorkersÓ Compensation Act of the State of Minnesota, claims of discrimination against the Grant Recipient, its officers, agents, contractors, or employees shall in no way be the responsibility of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Grant Recipient at: The City of Fridley 7071 University Avenue NE Fridley, MN 55432 Attention: Wally Wysopal or successor To the State Entity at: The MN Department of Employment & Economic Development 180 East Sibley Street, Suite 1200 St. Paul, MN 55101 21 Attention: Gerald Wenner or successor To the Commissioner of Management and Budget at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner of Management and Budget Section 5.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grant Recipient and the State Entity, and their respective successors and assigns. Provided, however, that neither the Grant Recipient nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Grant Recipient or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 5.17 Waiver. Neither the failure by the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Grant Recipient and the State Entity, and there are no other agreements, either oral or written, between the Grant Recipient and the State Entity on the subject matter hereof. Section 5.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 5.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. 22 Section 5.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 5.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 5.23 Matching Funds. The Grant Recipient must obtain and supply the following matching funds, if any, for the completion of the Project: NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to complete or pay for the Project. The Grant Recipient shall supply to the Commissioner of Management and Budget whatever documentation the Commissioner of Management and Budget may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of Management and Budget. Section 5.24 Source and Use of Funds. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Grant Recipient, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Grant Recipient must provide to the State Entity and the 23 Commissioner of Management and Budget a detailed description of such conditions and what is being done to satisfy such conditions. The Grant Recipient shall also supply whatever other information and documentation that the State Entity or the Commissioner of Management and Budget may request to support or explain any of the information contained in Attachment III. The value of the Grant RecipientÓs ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the legislation that authorized the Grant, be provided by either the Grant Recipient or a Usee under a Use Contract. Section 5.25 Project Completion Schedule. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 5.26 Third-Party Beneficiary. The public program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of Management and Budget, is and shall be a third-party beneficiary of this Agreement. Section 5.27 Applicability to Real Property and Facility. This Agreement applies to the Grant RecipientÓs interest in the Real Property and if a Facility exists to the Facility. The term Ðif applicableÑ appearing before the term ÐFacilityÑ is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grant RecipientÓs interest in the Real Property. Section 5.28 E-Verification. The Grant Recipient agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 5.29 Additional Requirements. The Grant Recipient and the State Entity agree to comply with the following additional requirements. The Grant Recipient shall submit annual and other reports that the State Entity requests on forms provided by the State Entity. Annual reports will be provided to DEED by December 1 of each calendar year. Conflict of Interest . The State will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn.Stat.§16B.98 and Department of 24 Administration, Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant-Making. When a conflict of interest concerning State grant-making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it. In cases where a potential or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the Grantee throughout the life of the grant agreement, they must immediately notify the State for appropriate action steps to be taken, as defined above. The Grantee must complete a Conflict of Interest Disclosure agreement and attach it to their proposal. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 25 IN TESTIMONY HEREOF,the Grant Recipient and the State Entity have executed this General Fund Grant Agreement Î Construction Grant for the _________«1»_________ Project on the day and date indicated immediately below their respective signatures. GRANT RECIPIENT: The City of Fridley, a Home Rule Chartercity By: Its: City Manager And: Its:Mayor Dated: __________________, _____ STATE ENTITY: The MN Department of Employment & Economic Development , By: Its: Deputy Commissioner Dated: __________________, _____ STATE ENTITY: Minnesota Department of Employment and Economic Development-Encumbrance VerificationmentEncumbrance Verification 02/19/26 By: Its: Encumbrance Officer SWIFT Contract/PO No(s) 284520 PR 100216 PO 3000636513 26 Attachment I - DECLARATION The undersigned has the following interest in the real property legally described in Exhibit A attached hereto and all facilities situated thereon (the ÐRestricted PropertyÑ): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is subject to those provisions, requirements, restrictions, and encumbrances contained in the ÐGeneral Fund Grant Agreement Construction Grant for the _____ «1»______ ProjectÑ dated ______Æ2Ç_____, _Æ2Ç_, between ________________Æ3Ç_____________ and __________«5»____________. The Restricted Property shall remain subject to such provisions, requirements, restrictions, and encumbrances until it is released therefrom by a written release in recordable form signed by the Commissioner of __________«5»___________, and such written release is recorded in the real estate records relating to the Restricted Property. DEED grant # or prefix of grant #________________________. (SIGNATURE BLOCK AND ACKNOWLEDGMENT) This Declaration was drafted by: (Name and address of individual who drafted the Declaration.) 27 Attachment II - LEGAL DESCRIPTION LOT 2A BLOCK 1 VINEWOOD PARK LOT 2B BLOCK 1 VINEWOOD PARK LOT 2C BLOCK 1 VINEWOOD PARK LOT 2D BLOCK 1 VINEWOOD PARK LOT 3 BLOCK 1 VINEWOOD PARK LOT 4A BLOCK 1 VINEWOOD PARK LOT 4C BLOCK 1 VINEWOOD PARK LOT 5B BLOCK 1 VINEWOOD PARK LOT 7A BLOCK 1 VINEWOOD PARK LOT 7B BLOCK 1 VINEWOOD PARK LOT 4B does not appear 28 Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source Amount Identify Items Amount of Funds State Funds Ownership Acquisition and Other Items Paid for Grant $500,000__________ with Grant Funds Other State Purchase of Ownership $__________ Funds Interest ____________ $__________ ____________ $__________ Other Items of a Capital Nature: ____________ $__________ Subtotal $500,000__________ Construction $500,000 Includes Furnishing & $__________ Equipping____________ Other Grant ____________ $__________ Recipient Funds City of Fridley $500,000 Subtotal $500,000 Parks Capital Fund ____________ ____________ $__________ Subtotal $500,000__________ Items Paid for with Non-Grant Funds Matching Funds Design, Predesign, and $500,000 Construction ____________ $__________ Includes Furnishing & $__________ Equipping____________ ____________ $__________ ____________ $__________ Subtotal Subtotal $500,000 Prepaid Project Expenses ____________ $__________ ____________ $__________ Subtotal $__________ TOTAL FUNDS $1,000,000 TOTAL PROJECT COSTS $1,000,000 29 Attachment IV - PROJECT COMPLETION SCHEDULE Activity Finish mm/yy Site Control (if necessary) Complete All funding (non-DEED funds) for project 11/23 secured and in place Declaration recorded or waiver from MMB 11/25 secured All permits in place 04/25 Project out for public bid 02/25 Bid accepted 03/25 Project started 04/25 Project complete 06/26 Project inspected and operational 07/27 30 31 AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:Patrick Faber, Deputy Director Public Safety Title: Resolution No. 2026-24, Approving Hazard Mitigation Plan and Adoption Process Background The City of Fridley (City) participated in developing the 2025 Anoka County Hazard Mitigation Plan along with 22 other cities. This plan identifies natural hazards that could affect the community and outlines actions to reduce risk. The Federal Emergency Management Agency (FEMA) issued an Approvable Pending Adoption letter on January 28, 2026. Each city must adopt it through their City Council. The Anoka County Board has signed off on the letter. Once it is adopted, the City can apply for federal grants to fund protection projects. Financial Impact No cost to adopt. Maintains eligibility for FEMA grants. Recommendation Staff recommends approval of Resolution No. 2026-24, Approving Hazard Mitigation Plan and Adoption Process. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Financial Stability & Commercial Prosperity Organizational Excellence Community Identity & Relationship Building XPublic Safety & Environmental Stewardship Attachments and Other Resources 1.Resolution No 2026-24 2.Anoka County Hazard Mitigation Plan Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Resolution No. 2026-24 Approving Hazard Mitigation Plan and Adoption Process Whereas, the City of Fridley (City) recognizes the threat of natural hazards to people and property within the City; and Whereas, the City has participated in the development of the 2025 Anoka County Hazard Mitigation Plan in accordance with Federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, the National Flood Insurance Act of 1968, as amended, and the National Dam Safety Program Act, as amended; and Whereas, the 2025 Anoka County Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property within the City from the impacts of future hazards and disasters; and Whereas, adoption by the City demonstrates its commitment to hazard mitigation and achieving the goals outlined in the 2025 Anoka County Hazard Mitigation Plan; and Whereas, approval of the 2025 Anoka County Hazard Mitigation Plan by the Federal Emergency Management Agency (FEMA) will make Anoka County and participating jurisdictions eligible to apply for FEMA Hazard Mitigation Assistance grants. Now, therefore be it resolved, by the City Council of the City of Fridley as follows: 1. That the City of Fridley hereby adopts the 2025 Anoka County Hazard Mitigation Plan and supports the hazard mitigation planning effort. 2. That the Director of Public Safety or their designee is authorized to implement the goals and actions identified in the plan as they relate to City operations and emergency management. 3. That this Resolution shall take effect immediately upon its passage and approval. Passed and adopted by the City Council of the City of Fridley this 9th day of March, 2026. _______________________________________ Dave Ostwald – Mayor Attest: Melissa Moore – City Clerk AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:Stacy Stromberg, Assistant Community Development Director/HRA Title: Resolution No. 2026-26, Approving a Joint Powers Agreement for Additional Criminal Prosecution Services Between the City of Fridley and the City of Coon Rapids Background The City of Fridley's (City) Community Development department has contracted with Steven Tallen of Gregerson, Rosow, Johnson & Nilan Ltd. to provide criminal prosecution services for code enforcement and rental licensing violations since 2018. Mr. Tallen plans to retire in April of this year, which allowed staff an opportunity to explore replacement options. The City's Public Safety Department currently maintains a contract with the Coon Rapids City Attorney's Office for prosecution of criminal cases. This partnership has been very successful, providing high-quality prosecution services while saving money for both cities by sharing resources. Community Development staff met with the Coon Rapids City Attorney to explore expanding the partnership to include prosecution of code enforcement and rental licensing cases. Staff determined that using their office will improve efficiencies by consolidating services and will improve communication. The City Attorney will have weekly on-site office hours at City Hall, making it easier for staff to get quick answers and stay up to date on cases. Financial Impact Absorbed in Existing Budget Recommendation Staff recommends approval of Resolution No. 2026-26, Approving a Joint Powers Agreement for Additional Criminal Prosecution Services Between the City of Fridley and the City of Coon Rapids. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Financial Stability & Commercial Prosperity XOrganizational Excellence Community Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1.Resolution No. 2026-26 2.Fridley Coon Rapids Prosecutor Agreement-Code Enforcement and Rental Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Resolution 2026-26 Approving a Joint Powers Agreement for Additional Criminal Prosecution Services Between the City of Fridley and the City of Coon Rapids Whereas, the City of Fridley (City) and the City of Coon Rapids entered into an agreement effective January 1, 2018 for the Coon Rapids City Attorney’s Office to provide criminal prosecution services for the City except for certain Code Enforcement and Rental Housing cases; and Whereas , the City’s Code Enforcement and Rental Housing Divisions contracted with Steven Tallen, of Gregerson, Rosow, Johnson & Nilan Ltd. to provide prosecution services for Code Enforcement and Rental Housing cases; and Whereas, the impending retirement of Steven Tallen caused staff to explore options for prosecution services for Code Enforcement and Rental cases; and Whereas , the Coon Rapids City Attorney’s Office has provided exceptional criminal prosecution services for the City’s Public Safety Department; and Whereas, the Community Development Department determined that consolidation of legal services using the Coon Rapids City Attorney’s Office for Code Enforcement and Rental prosecution is in the City’s best interest as it will enhance coordination and provide efficiencies; and Whereas, approval of this resolution recognizes an initial one-year term with an opportunity to extend per mutual agreement between parties. Now, therefore be it resolved, that the Mayor and the City Clerk, are hereby authorized to execute all documents necessary to enter a joint powers agreement with the City of Coon Rapids City Attorney’s Office. Passed and adopted by the City Council of the City of Fridley this 9th day of March 2026. _________________________________________ Dave Ostwald - Mayor ___________________________________ Melissa Moore – City Clerk JOINT POWERS AGREEMENT FOR ADDITIONAL CRIMINAL PROSECUTION SERVICES BETWEEN THE CITY OF FRIDLEY AND THE CITY OF COON RAPIDS THIS AGREEMENT, made on this ____ day of made on this ____ day of, 2026 by and between the CITY OF FRIDLEY, a municipal corporation under the laws of Minnesota (“Fridley ”), and CITY OF COON RAPIDS , a municipal corporation under the laws of Minnesota (“Coon Rapids”). WHEREAS, Fridley and Coon Rapids entered into an agreement effective January 1, 2018 for Coon Rapids through its in-house City Attorney Office to provide criminal prosecution services except for certain code enforcement and rental licensing violations to Fridley; WHEREAS, for the past 8 years both Fridley and Coon Rapids received the benefit of sharing resources between the two municipalities that created a more efficient and cost saving government operation for citizens of both cities; WHEREAS, both parties wish to expand the criminal prosecution services it provides to Fridley to include code enforcement and rental licensing violations; WHEREAS, pursuant to Minnesota Statute 471.59 the parties wish to enter into a joint powers agreement in order for Coon Rapids to provide additional criminal prosecution legal services to Fridley pursuant to the terms of this agreement. NOW THEREFORE, IT IS HEREBY AGREED that this document by and between Fridley and Coon Rapids shall be a binding obligation on behalf of all parties named. I.CITY PROSECUTOR APPOINTMENT. Coon Rapids, through the Coon Rapids City Attorney’s Office, is appointed City Prosecutor for Fridley for the additional services outlined in this Agreement. II.TERM. The term of this agreement will be from March 1, 2026 to February 28, 2027 with an option for additional extensions per mutual agreement of the parties. III.SCOPE OF PROSECUTION SERVICES. The following services shall be provided to Fridley by Coon Rapids as a matter of right under the terms of this agreement: A.Represent Fridley in all petty, misdemeanor, and gross misdemeanor criminal proceedings and cases arising under the Fridley’s code enforcement and rental licensing codes where Fridley is a party and /or has an identifiable interest. B.As required, prepare and appear at arraignments, pre-trial hearings, probation revocation hearings, omnibus hearings, Rasmussen hearings, Florence hearings, court trials, jury trials, in-custody arraignments, expungement hearings, motion hearings, and sentencings as required. C.Prepare files for court as necessary including the opening of files, preparing gross misdemeanor and misdemeanor complaints, preparing subpoenas, obtaining drivers’ records, motor vehicle records, prior convictions, bank records, transcripts from prior hearings, plea petitions from prior hearings, and other information for prosecution as required. D.Comply with all discovery requests from defendants including documents, photographs, digital evidence and other discoverable items as requested or required. Coon Rapids may charge the requesting party a fee for discovery as permitted by law. E.Maintain communication with involved agencies including law enforcement agencies, courts, Minnesota correctional facilities, victim/witnesses, defendants/defense attorneys, social workers, mental health personnel, hospitals, banks, insurance companies, probation officers. F. Handle and prepare criminal appellate work including correspondence, preparation of briefs and attendance at any necessary appearance and/or oral arguments. G.Prepare reports of prosecution activities as requested by Fridley City Manager or Community Development Director. H.Maintain records including court calendars, formal complaint requests, and court assignment schedules for prosecutors. I.Comply with all requirements to maintain access to necessary systems such as eCharging, DVS, and Minnesota Government Access (MGA) J.Be available for communications by email, telephone or in person with Fridley rental and code enforcement employees. K.Comply with the Minnesota Government Data Practices Act and Fridley Police Department data access requirements. IV. FEES. Fridley shall compensate Coon Rapids subject to the following terms: A.Coon Rapids shall be compensated for prosecution services under this Agreement in the amount of $9000.00 which includes travel, photocopying, printing, faxes, legal research, expenses and costs of overhead, on an annual basis, payable in 12 equal monthly installments. 2 B.Fridley shall be responsible for all costs, if any, incurred by Coon Rapids, for outside copying/binding of appellate briefs and for serving/filing of appellate briefs. C.Coon Rapids will submit billing statements for each monthly installment. Fridley will pay the monthly installment according to its internal procedures to Coon Rapids. D.The parties agree to mutually evaluate the usage of legal services at the end of each year of the agreement thereafter to evaluate usage/costs and identify areas where modification in the parties’ relationship may be mutually beneficial. VI. ASSIGNMENT OF SERVICES AND AGREEMENT. Coon Rapids shall not assign any interest or obligation of this Agreement without the prior written consent of the Fridley. VII.AFFIRMATIVE ACTION. Both Fridley and Coon Rapids require and follow Affirmative Action Policies and will not tolerate discriminatory acts. Coon Rapids shall not discriminate under the agreement against any person in accordance with federal, state, or local laws or regulations. VIII. WORK PRODUCT. All ordinances, resolutions, correspondence, and other documents or materials drafted for Fridley by Coon Rapids’ attorneys on behalf of Fridley shall, upon their completion, become the property of Fridley. IX. INSURANCE. Coon Rapids agrees to maintain a valid policy of General Liability Insurance to cover professional liability claims for the duration of this agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. X. INDEMNIFICATION. To the fullest extent permitted by law, Coon Rapids agrees to defend and indemnify Fridley, its agents and employees from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this Agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of Coon Rapids. Coon Rapids agrees this indemnity obligation shall survive the completion or termination of this Agreement. XI. SEVERABILITY. 3 Fridley or Coon Rapids may sever the terms of this agreement upon 120 days written notice. Failure by the Fridley or Coon Rapids to comply with any of the terms of this agreement shall be grounds for terminating this agreement. Upon termination of this agreement, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. XII. ENTIRE AGREEMENT. This agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the parties and contains the entire agreement. XIII. AMENDMENTS. Any modification or amendment to this agreement shall require a written agreement signed by both Fridley and Coon Rapids. CITY OF FRIDLEYCITY OF COON RAPIDS By: ____________________________________By: ________________________________ Dave OstwaldDave Ostwald Jerry Koch MayorMayor Mayor Mayor By: ____________________________________By: ________________________________ Wally Wysopal Matt Stemwedel City Manager City Manager City Manager City Manager 4 AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:Mike Maher, Parks and Recreation Director Title: Ordinance No. 1437, Amending the Fridley City Code Chapter 209, Fees, to Include Fees for New Commons Park Facilities (Second Reading) Background Ordinance No. 1437 includes updates to the Fridley City Code (Code) Chapter 209, Fees, to include facility rental fees for the new Commons Park. Facilities rental fees include open-air shelters, which are proposed to match the existing fee structure for open-air park shelters with a maximum capacity of 50 individuals. Additionally, the Ordinance includes rental fees for the three activity rooms located in the Commons Park Recreation Building. These fees were reviewed and recommended by the Parks and Recreation Commission at their December 1, 2025 meeting. An overview of the fees and Commons Park rental program was provided to the City Council (Council) by Parks and Recreation Director Mike Maher and Recreation Supervisor Margo Numedahl at the February 9, 2026 Council conference meeting. A first reading of the Ordinance was completed on February 23, 2026. Financial Impact Proposed fee structures were based on existing, approved fees for other City of Fridley facilities and were checked against comparable facilities in Fridley and neighboring communities with the goal of making facilities affordable for residents. Recommendation Staff recommends approval of the second reading of Ordinance 1437, Amending the Fridley City Code Chapter 209, Fees, for New Commons Park Facilities. Focus on Fridley Strategic Alignment xVibrant Neighborhoods & Places Financial Stability & Commercial Prosperity Organizational Excellence xCommunity Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1.Ordinance No. 1437 - Second Reading 2.Summary Ordinance No. 1437 Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Ordinance No. 1437 Amending the Fridley City Code Chapter 209, Fees, to Update Fees for New Commons Park Facilities Fridley City Code Chapter 209 Fees 209.12 Fees 6. Parks and Recreation Services Fees (a) Recreation Division (1) Program fees are listed in the City’s bi-monthly Parks and Recreation Brochure and on the City’s website. (2) Administrative Fees ItemCategory A Category B Category C (Fridley Youth (Residents (Non- Athleticsand residents) community groups) Additional maintenance staffCity staff hourly City staff City staff ratehourly ratehourly rate Concession area for $50 per day$50 per day$100 per day Community Park (Included with weekend or daily tournament rental) Damage deposit for multiple $200$200$200 day rentals Locates for electrical or Market rateMarket rateMarket rate irrigation heads Portable restroomsMarket rateMarket rateMarket rate Shelter rental for Commons Park and Flanery Park$80 per day$80 per day$120 per day (3) Outdoor Field Rental Fees UseCategory A Category B Category C (Fridley Youth (Residents (Non- Athleticsand residents) community groups) Baseball, softball, soccer, $0 per hour$20 per hour$40 per hour tennis, pickleball, volleyball, football fields (does not include Community Park weekend tournaments) Community Park Softball $1,000 per $1,000 per $2,000 per Complexweekendweekendweekend $500 per day$500 per day$1,000 per day (4) Park Facility Rental Fees Park Facility Resident/Non-Non-ResidentDeposit Profit Open-air park shelters with $ 100 plus tax$ 150 plus tax$100 maximum capacity of 50 including but not limited to $265 plus tax$450 plus tax$50 Commons Park, Flanery Park, Locke Park Shelter 2, Moore Lake Park - Flanery and Commons Parks, Locke Park Shelter #2 - Moore Lake Pavilions – 50 guests maximum Special Use Permit Locke Park Pavilion # 1 (150 $200 plus tax $300 plus tax$200 person capacity) Moore Lake Community $150 plus tax $225 plus tax $200 Building Half Day Rental on weekdayson weekdays $250 plus tax $400 plus tax on weekends on weekends Moore Lake Community $225 plus tax $337.50 plus $200 Building Full Day Rental on weekdaystax on weekdays $375 plus tax on weekends $600 plus tax on weekends Moore Lake Community $25 per hour$25 per hour Building Monitor Commons Park Large Group $50 per bus$50 per busN/A Bus Permit Commons Park Recreation $40 per hour $65 per hour $200 Building Activity Roomplus tax with plus tax with two hour two hour minimumminimum (5) Springbrook Nature Center Room Rental Fees Program/AmenityFee Amphitheater (Full day rental) Resident$225 plus tax Non-resident$300 plus tax Non-profit group (proof of status must be $225 plus tax provided) Classroom ($50 refundable damage deposit due at time of booking) Resident$40 per room per hour plus tax Non-resident$65 per room per hour plus tax Non-profit group (proof of status must be $40 per room per hour plus tax provided) Pavilion Activity Center Outdoor Only ($100 refundable damage deposit due at time of booking) Resident $80 plus tax Non-resident$120 plus tax Non-profit group (proof of status must be $80 plus tax provided) Pavilion Activity Center ($100 refundable damage deposit due at time of booking) Resident$170 plus tax Non-resident$250 plus tax Non-profit group (proof of status must be $170 plus tax provided) Portable public address (PA) system$50 per day plus tax Passed and adopted by the City Council of the City of Fridley on this 9th day of March, 2026. ______________________________________ Dave Ostwald - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: February 23, 2026 Second Reading: March 9, 2026 Summary Publication: March 12, 2026 City of Fridley Summary Ordinance No. 1437 Amending the Fridley City Code Chapter 209, Fees, to Include Fees for New Commons Park Facilities The City of Fridley does ordain, after review, examination, and staff recommendation that the Fridley City Code (Code) be amended by adopting Ordinance No. 1437. A summary of the amendments to the Code made by Ordinance No. 1437 are as follows: The Ordinance amends Chapter 209, Section 209.12.6 Parks and Recreation Service Fees. The Ordinance adds open-air park shelters with maximum capacity of 50 rental fees to Flanery Park, Commons Park, Locke Park Shelter #2 and Moore Lake Park of $100 for Residents/Non-Profit, $150 for Non-Residents and a Deposit of $100. The Ordinance adds Facility Rental Fees for Commons Park Large Group Bus Permit of $50 per bus for Residents and $65 per bus for non- residents. The Ordinance adds Facility Rental Fees for Commons Park Recreation Building Activity Room of $40 per hour plus tax with two-hour minimum for residents, $65 per hour plus tax with two hour minimum for non-residents and a deposit of $200. Ordinance No. 1437 was passed and adopted by the City Council of the City of Fridley on March 9, 2026. The full text of the Ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. AGENDA REPORT Meeting Date: March 9, 2026 Meeting Type:City Council Submitted By:Emylie Morris, Accounts Payable Title: Resolution No. 2026-25, Approving Claims for the Period Ending March 4, 2026 Background Attached is Resolution No. 2026-25 and the claims report for the period ending March 4, 2026. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2026-25, Approving Claims for the Period Ending March 4, 2026. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places XFinancial Stability & Commercial Prosperity Organizational Excellence Community Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1.Resolution No. 2026-25 2.03-04-26 Bank Transaction Report Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Resolution No. 2026-25 Approving Claims for the Period Ending March 4, 2026 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending March 4, 2026, was reviewed by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. Passed and adopted by the City Council of the City of Fridley this 9th day of March 2026. _______________________________________ Dave Ostwald - Mayor Attest: Melissa Moore – City Clerk