HomeMy WebLinkAbout05(H) - Approval of Minnesota Department of Natural Resources Outdoor Recreation Program Grant Contract Agreement ReportCITY COUNCIL AGENDA REPORT ITEM: SH
MEETING DATE:
PREPARED BY:
PRESENTED BY:
AGENDA ITEM:
GOAL AREA
OBJECTIVE:
November 21, 2022
Steve Hart, Park & Recreation Manger
Andy Brotzler, Public Works Director/City Engineer
Approval of Minnesota Department of Natural Resources Outdoor
Recreation Program Grant Contract Agreement
Environmental Stewardship & Recreation
3.Develop recreation opportunities and park amenities for all
stages or life and interests.
RECOMMENDED ACTION:
Approve Grant Contract Agreement for the Ponds Park Project.
BACKGROUND:
In June 2022, the City was awarded a grant through the MN DNR Outdoor Recreation program
for a project in Ponds Park to downsize the two ballfields on the northern half of the field wheel in
Ponds Park for improved access, viewing, and safety buffers. This project will accomplish this
through the resizing of the fields, realigning the trail access from the parking lot to the field area
to achieve ADA compliance, and creating more space between fields for spectator and athlete
safety.
The City must accept and execute the MN DNR grant contract agreement to move forward with
this project in 2023. The contract document must be signed via DocuSign and will be available
to City Manager Wedel and Mayor Briggs on Monday November 21, 2022.
FINANCIAL IMPACT:
The estimated cost for this project is $598,970. The grant is for a 50% match of the total project
cost, in the amount of $299,485. Funding for this project is for FY 2023 and all work must be
completed no later than December 31, 2024. The remaining $299,485 of the estimated local
costs are proposed to be funded with Capital Park funds (Fund 225).
ALTERNATIVES:
1.Motion and second to approve the Minnesota Department of Natural Resources Outdoor
Recreation Grant Contract Agreement.
ATTACHMENTS:
1.20221121 Ponds Park Grant Contract Agreement -DOC
2.Project map
City of Prior Lake I 4646 Dakota Street SE I Prior Lake MN 55372
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 1
STATE OF MINNESOTA
GRANT CONTRACT AGREEMENT
This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources
STATE") and City of Prior Lake, Unique Entity ID (UEI): DGHPMMK6EKL7, 4646 Dakota Street SE, Prior
Lake, MN 55372 ("GRANTEE").
Recitals
1. Under Minn. Stat. 84.026, the Commissioner of Natural Resources is authorized to enter into contractual
agreements with any public or private entity for the provision of statutorily prescribed natural resources
services by the department.
2. Pursuant to Minn. Stat. 84.0264, the state is empowered to receive and administer grants under the Land and
Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund
Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent
of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and
maintained by local units of government, providing that any project approved is consistent with a statewide
or a county or regional recreational plan and compatible with the statewide recreational plan. All money
received by the commissioner for local units of government is appropriated annually to carry out the
purposes for which the funds are received.
3. Under the Land and Water Conservation Fund, National Park Service, CFDA No. 15.916, Grant No.
P2AP01790, 27-01468, the state received a federal award on September 25, 2022 for City of Prior Lake –
Ponds Park will redevelop ballfields and trails. This project is not a research and development project.
4. The Grantee has made application to the State for a portion of the allocation for the purpose of conducting
the project entitled Ponds Park.
5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
contract to the satisfaction of the State. Pursuant to Minn.Stat.16B.98, Subd.1, the Grantee agrees to
minimize administrative costs as a condition of this grant.
Grant Contract Agreement
1 Term of Grant Contract Agreement
1.1 Effective date
October 1, 2022, Notwithstanding Minnesota Statues, section 16A.41, the Commissioner may make
payments for otherwise eligible grant-program expenditures that are made on or after the effective date
of the appropriation. No payments will be made to the Grantee until this grant contract is fully executed.
1.2 Expiration date
December 31, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms
The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State
Audits; 10. Government Data Practices and Intellectual Property Rights; 12. Publicity and Endorsement;
13. Governing Law, Jurisdiction, and Venue, 15. Data Disclosure, 24. Land Retention and Deed
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Restriction and 25. Resource Management and Protection.
2 Grantee’s Duties
The Grantee, who is not a state employee, will:
Comply with required grants management policies and procedures set forth through Minn. Stat.16B.97
Subd. 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated and made a part
of this contract.
The Grantee agrees to complete the project in accordance with the approved budget to the extent
practicable and within the project period specified in the grant contract. Any material change in the
scope of the project, budget or completion date shall require prior written approval by the State.
3 Time
The Grantee must comply with all the time requirements described in this grant contract agreement. In
the performance of this grant contract agreement, time is of the essence.
4 Consideration and Payment
4.1 Consideration
The State will pay for all services performed by the Grantee under this grant contract agreement as
follows:
a) Compensation
The Grantee will be paid for all services performed pursuant to this grant contract not to exceed
299,485.00.
b) Matching Requirement
Grantee certifies that the following matching requirement for the Grant will be met by Grantee.
The total project cost is $598,970.00. The Grantee agrees to provide a nonstate match of a least
299,485.00.
c) Total Obligation
The total obligation of the State for all compensation and reimbursements to the Grantee under
this grant contract agreement will not exceed $299,485.00.
d) Indirect Cost Rate
Federal indirect costs are not eligible for reimbursement in the State’s federal award or this sub-
award agreement.
4.2 Payment
a) Reimbursement Requests
The State will promptly pay the Grantee after the Grantee presents a payment request and
required expenditure documentation for the services actually performed and the State's
Authorized Representative accepts the documentation. Invoices must be submitted timely and
according to the following schedule: Upon completion of services or up to four requests during
the contract period. A final reimbursement of no more than 10% may be withheld until final
completion of services.
b) Federal funds
Payments under this grant contract will be made from federal funds obtained by the State
through the National Park Service of the United States Department of Interior, Land and Water
Conservation Fund, 15.916, Act of 1965 as amended thereto. If at any time such funds become
unavailable, this Grant Contract shall be terminated immediately upon written notice of such fact
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 3
by the State to the Grantee. In the event of such termination, Grantee shall be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed. The Grantee is
responsible for compliance with all federal requirements imposed on these funds and accepts full
financial responsibility for any requirements imposed by the Grantee’s failure to comply with
federal requirements.
4.3 Contracting and Bidding Requirements
Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law.
a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per
Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers
should be comparable to wages paid for similar work in the community as a whole.
b) The grantee must not contract with vendors who are suspended or debarred in MN or by the
Federal Government: http://www.mmd.admin.state.mn.us/debarredreport.asp
5 Conditions of Payment
All services provided by the Grantee under this grant contract agreement must be performed to the
State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in
accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The
Grantee will not receive payment for work found by the State to be unsatisfactory or performed in
violation of federal, state, or local law.
6 Authorized Representatives
The State's Authorized Representative is Mai Neng Moua, Grants Specialist Coordinator, Minnesota
Department of Natural Resources (DNR), 500 Lafayette Road, St. Paul, MN 55155, 651.259.5368,
mai.n.moua@state.mn.us or her successor, and has the responsibility to monitor the Grantee’s
performance and the authority to accept the services provided under this grant contract agreement. If the
services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment.
The Grantee’s Authorized Representative is Steve Hart, Parks and Recreation Manager, City of Prior
Lake, 4646 Dakota Street SE, Prior Lake, MN 55372, 952.447.9822, SHart@priorlakemn.gov or his
successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept
the services provided under this grant contract agreement. If the Grantee’s Authorized Representative
changes at any time during this grant contract agreement, the Grantee must immediately notify the State.
7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete
7.1 Assignment
The Grantee shall neither assign nor transfer any rights or obligations under this grant contract
agreement without the prior written consent of the State, approved by the same parties who executed
and approved this grant contract agreement, or their successors in office.
7.2 Amendments
Any amendments to this grant contract agreement must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original grant
contract, or their successors in office.
7.3 Waiver
If the State fails to enforce any provision of this grant contract agreement, that failure does not waive
the provision or the State’s right to enforce it.
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7.4 Grant Contract Agreement Complete
This grant contract agreement contains all negotiations and agreements between the State and the
Grantee. No other understanding regarding this grant contract, whether written or oral, may be used
to bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any
claims or causes of action, including attorney’s fees incurred by the State, arising from the performance
of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will
not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its
obligations under this grant contract agreement.
9 Audits (State and Single)
Under Minn. Stat. §16B.98, subd. 8 and 2 CFR 200.331, the Grantee’s books, records, documents, and
accounting procedures and practices of the Grantee or other party relevant to this grant contract
agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement,
receipt and approval of all final reports, or the required period of time to satisfy all state and program
retention requirements, whichever is later.
All state and local governments, colleges and universities, and non-profit organizations that expend
750,000 or more of Federal awards in a fiscal year must have a single audit according to the new OMB
Uniform Guidance: Cost Principles, Audit, and Administrative Awards Requirements for Federal
Awards. This is $750,000 total Federal awards received from all sources. If an audit is completed,
forward a copy of the report to both the State's Authorized Representative and the State Auditor.
10 Government Data Practices and Intellectual Property Rights
10.1 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all
data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this
grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State. If the Grantee receives a request to
release the data referred to in this Clause, the Grantee must immediately notify the State. The State
will give the Grantee instructions concerning the release of the data to the requesting party before the
data is released. The Grantee’s response to the request shall comply with applicable law
10.2 Intellectual Property Rights
The State owns any intellectual property developed with these funds.
The federal awarding agency may receive royalty-free, non-exclusive and an irrevocable right to
reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so
as noted in 2 CFR 200.315.
11 Workers Compensation
The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’
compensation insurance coverage. The Grantee’s employees and agents will not be considered State
employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of
these employees and any claims made by any third party as a consequence of any act or omission on the
part of these employees are in no way the State’s obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity
Any publicity regarding the subject matter of this grant contract agreement must identify the State as
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the sponsoring agency and must not be released without prior written approval from the State’s
Authorized Representative. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the
Grantee individually or jointly with others, or any subcontractors, with respect to the program,
publications, or services provided resulting from this grant contract. All projects primarily funded
by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s
website when practicable.
12.2 Signage
Any site funded by this grant contract shall display a sign at a prominent location at the entrance to
the site and in a form approved by the State that acknowledges funding through this grant.
12.3 Endorsement
The Grantee must not claim that the State endorses its products or services and the Grantee must
adhere to the terms of 2 CFR 200.315.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement.
Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the
appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State
The State may immediately terminate this grant contract agreement with or without cause, upon 30
days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
14.2 Termination for Cause
The State may immediately terminate this grant contract agreement if the State finds that there has
been a failure to comply with the provisions of this grant contract, that reasonable progress has not
been made or that the purposes for which the funds were granted have not been or will not be
fulfilled. The State may take action to protect the interests of the State of Minnesota, including the
refusal to disburse additional funds and requiring the return of all or part of the funds already
disbursed.
15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its
social security number, federal employer tax identification number, and/or Minnesota tax identification
number, already provided to the State, to federal and state tax agencies and state personnel involved in
the payment of state obligations. These identification numbers may be used in the enforcement of
federal and state tax laws which could result in action requiring the Grantee to file state tax returns and
pay delinquent state tax liabilities, if any.
16 Affirmative Action and Non-Discrimination
a) The grantee agrees not to discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance,
membership or activity in a local commission, disability, sexual orientation, or age in regard to any
position for which the employee or applicant for employment is qualified (Minn. Stat. 363A.02).
The grantee agrees to take affirmative steps to employ, advance in employment, upgrade, train, and
recruit minority persons, women, and persons with disabilities.
b) The grantee must not discriminate against any employee or applicant for employment because of
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 6
physical or mental disability in regard to any position for which the employee or applicant for
employment is qualified. The grantee agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled persons without discrimination based upon their
physical or mental disability in all employment practices such as the following: employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship, (Minnesota Rules, part
5000.3500).
c) The grantee agrees to comply with the rules and relevant orders of the Minnesota Department of
Human Rights issued pursuant to the Minnesota Human Rights Act.
17 Americans with Disabilities Act and Final Guidelines for Outdoor Developed Areas
The Grantee is subject to complying with the Americans with Disabilities Act (ADA) of 1990 (42
U.S.C. 12101 et seq.) and all applicable regulations and guidelines. The Grantee must comply with the
2010 American Disabilities Act Standards for Accessible Design. The Grantee shall construct, operate,
and maintain all facilities and programs in compliance with all state and federal accessibility laws,
regulations, and guidelines including the Final Guidelines for Outdoor Developed Areas. Information on
compliance with the Americans with Disabilities Act is available at U.S. Access Board.
18 Reporting
The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year
during the term of this grant contract. A final report must be submitted with the request for final
reimbursement. Forms will be provided by the State.
19 Inspections
The State’s authorized representatives shall be allowed, at any time, to conduct periodic site visits and
inspections to ensure work progress in accordance with this grant contract, including a final inspection
upon project completion. Following closure of the project, the State’s authorized representatives shall be
allowed to conduct post-completion inspections of the site to ensure that the site is being properly
operated and maintained and that no conversion of use has occurred.
20 Conflict of Interest
It is the policy of the State to work to deliberately avoid actual and potential conflict of interests related
to grant making at both the individual and organizational levels.
A conflict of interest (actual or potential) occurs when a person has actual or apparent duty or loyalty to
more than one organization and the competing duties or loyalties may result in actions which are adverse
to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results
from it.
The Grantee, by signing this contract with the State, certifies it has read and understands the Office of
Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest
Policy and, throughout the term of the contract, monitor and report any actual or potential conflicts of
interest to the State’s Authorized Representative.
21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower
Tier Covered Transactions
21.1 The prospective lower tier participant certifies, by submission of this agreement, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
21.2 Where the prospective lower tier participant is unable to certify to any of the statements in this
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 7
certification, such prospective participant shall attach an explanation to this agreement.
22 Non-Discrimination Requirements
No person in the United States must, on the ground of race, color, national origin, handicap, age,
religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under, any program or activity receiving Federal financial assistance. Including but not
limited to:
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing
regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or
national origin under programs or activities receiving Federal financial assistance; Title IX of the
Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of
sex under Federally assisted education programs or activities;
b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC
implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of
handicap under any program or activity receiving or benefiting from Federal assistance.
c) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC
implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of
age in programs or activities receiving Federal financial assistance.
d) Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against
qualified individuals with disabilities in services, programs, and activities of public entities.
e) Any other applicable non-discrimination law(s).
23 Minnesota Historical Sites Act and Minnesota Field Archaeology Act
For projects involving land acquisition and/or construction, the State Historic Preservation Office must
review the project to determine if the site is a potential location for historical or archeological findings.
If the State Historic Preservation Office determines that a survey is required, the survey would need to
be completed prior to any site disturbance for development projects and prior to the final reimbursement
of the grant funds for acquisition projects.
24 Land Retention and Deed Restriction
24.1 Land Retention
Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be
retained solely for public outdoor recreation use. The lands subject to this contract are shown in
Attachment B – Boundary Map which is attached and incorporated into this contract. No other use can
be made of these lands without prior written approval of the State and the Secretary of Interior. The
State will consider requests to convert these lands to other uses only if all practical alternatives have
been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value
and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use.
24.2 Deed Restriction
The Grantee shall have the following condition recorded with the deed to all lands within the park as
described in Attachment B – Boundary Map and submit an attested copy of the deed and the condition to
the State:
In order to comply with the Department of Natural Resources Outdoor Recreation Project Contract
LW27-01468, the City of Prior Lake does hereby impose the following restrictions on the property
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described in Attachment B to that contract:
1. The property shall be permanently managed and maintained for public outdoor recreation use.
2. The property has been acquired and/or developed with Land and Water Conservation Fund
assistance and that it cannot be converted to other than public outdoor recreation use without the
written approval of the State acting through its Commissioner of Natural Resources and the
Secretary of the Interior.
25 Resource Management and Protection
The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or
developed pursuant to this grant contract. Properties shall be kept reasonably safe for public use, if
applicable. All state and federal accessibility laws, regulations and standards shall be adhered to.
Vegetation management and similar safeguards and supervision shall be provided to the extent feasible.
Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair
throughout their estimated lifetime to prevent undue deterioration.
The Grantee shall keep the facility open to the general public at reasonable hours and at times of the
year consistent with the purpose and type of use of the property and appropriate management and
protection of natural resources.
26 Invasive Species Prevention
Grantees and subcontractors must follow Minnesota DNR’s Operational Order 113, which requires
preventing or limiting the introduction, establishment and spread of invasive species during activities on
public waters and DNR-administered lands. This applies to all activities performed on all lands under
this grant agreement and is not limited to lands under DNR control or public waters. Operational Order
113 is incorporated into this contract by reference. The grantee shall prevent invasive species from
entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at
the project site.
If the equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation
including seeds) or animals, it shall be cleaned by Grantee furnished tool or equipment (brush/broom,
compressed air or pressure washer) at the staging area. The Grantee or subcontractor shall dispose of
material cleaned from equipment and clothing at a location determined by the Grantee or their
representative. If the material cannot be disposed of onsite, secure material prior to transport (sealed
container, covered truck, or wrap with tarp) and legally dispose of offsite.
27 Pollinator Best Management Practices
Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands
or on any lands using state funds are subject to pollinator best management practices and habitat
restoration guidelines pursuant to Minn. Stat. 84.973. Practices and guidelines ensure an appropriate
diversity of native species to provide habitat for pollinators through the growing season. Current specific
practices and guidelines to be followed for contract and grant work can be found here: Link to
December 2014 version.
28 Force Majeure
Neither party shall be responsible to the other or considered in default of its obligations within this
Contract to the extent that performance of any such obligation is prevented or delayed by acts of God,
war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party
unless the act or occurrence could have been reasonably foreseen and reasonable action could have been
taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance
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must provide the other party prompt written notice of the inability to perform and take all necessary
steps to bring about performance as soon as practicable.
28 Program Requirements
The grantee will comply with the provisions of the Land and Water Conservation Fund Act of 1965 (78
Stat. 897), and Attachment C, Federal Land and Water Conservation Fund Program General and Special
Provisions, attached and incorporated into this contract.
29 General and Special Provisions
1. Department of Interior Standard (DOI) Terms and Conditions. DOI Standard Terms and
Conditions apply and are located at https://www.doi.gov/grants/doi-standard-terms-and-
conditions (version effective December 19, 2019-revised June 19, 2020), except the provision
related to the Davis-Bacon Act in Section VII.
2. 2 C.F.R. §200.92 Subaward; 200.101 Applicability; and 200.331 Subrecipients and
contractor determinations. Requirements for passthrough entities applies.
3. Lobbying Prohibition. 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by
Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute violations of section
1352(a) of title 31. In addition, the related restrictions on the use of appropriated funds found in
Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply.
4. Byrd Anti-Lobbying Amendment Certification and Disclosure: (If applicable – For Grants
over $100,000)
a. The Grantee certifies that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352
b. The Grantee shall comply with Interim Final Rule, New Restrictions on Lobbying, found in
Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent rules that are
adopted in place of the Interim Final Rule. The Interim Final Rule requires the Grantee to
certify as to their lobbying activity. Further definition of lobbying can be found in 2 CFR
200.450.
c. If the Grantee engages in lobbying activities with non-Federal funds that takes place in
connection with obtaining any Federal award, they will promptly inform the authorized
representative, and complete any certifications the authorized representative requires.
5. Whistleblower Protection Rights
41 USC §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection
a) This award and employees working on this financial assistance agreement will be subject to
the whistleblower rights and remedies in the pilot program on Award Recipient employee
whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239)
b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce, of the employee whistleblower rights and
protections under 41 USC 4712.
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c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award.
6. Ensuring the Future is Made in All of America b All of America’s Workers per E.O. 14005.
Per Executive Order 14005, entitled "Ensuring the Future Is Made in All of America by All of
America's Workers” the Recipient shall maximize the use of goods, products, and materials
produced in, and services offered in, the United States, and whenever possible, procure goods,
products, materials, and services from sources that will help American businesses compete in
strategic industries and help America’s workers thrive.
7. Build America, Buy America. Note: This term effective as of January 13, 2023. For more
information on DOI’s approved waiver, see:
https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the
Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the
funds under a federal award that are part of Federal financial assistance program for
infrastructure may be obligated for a project unless all of the iron, steel, manufactured products,
and construction materials used in the project are produced in the United States, unless subject to
an approved waiver. The requirements of this section must be included in all subawards,
including all contracts and purchase orders for work or products under this program.
Recipients of an award of Federal financial assistance are hereby notified that none of the funds
provided under this award may be used for a project for infrastructure unless:
1. all iron and steel used in the project are produced in the United States--this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
2. all manufactured products used in the project are produced in the United States —this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined, produced, or manufactured
in the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; and
3. all construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed
in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought to the construction site and
removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable
computer equipment, that are used at or within the finished infrastructure project but are not an
integral part of the structure or permanently affixed to the infrastructure project.
For further information on the Buy America preference, please visit
https://www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White
House Made in America Office website: https://www.whitehouse.gov/omb/management/made-
in-america
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 11
Waivers
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a
waiver from these requirements, subject to review by the Made in America Office. The DOI may
waive the application of the domestic content procurement preference in any case in which it is
determined that one of the below circumstances applies:
1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction
materials are not produced in the United States in sufficient and reasonably available
quantities or of a satisfactory quality;
2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will increase the cost of the overall
project by more than 25 percent; or
3. Public Interest Waiver: applying the domestic content procurement preference would be
inconsistent with the public interest.
There may be instances where an award qualifies, in whole or in part, for an existing DOI
general applicability waiver as described at: https://www.doi.gov/grants/BuyAmerica/
GeneralApplicabilityWaivers.
If the specific financial assistance agreement, infrastructure project, or non-domestic materials
meets the criteria of an existing general applicability waiver within the limitations defined within
the waiver, the recipient is not required to request a separate waiver for non-domestic materials.
If a general applicability waiver does not already apply, and a recipient believes that one of the
above circumstances applies to an award, a request to waive the application of the domestic
content procurement preference may be submitted to the financial assistance awarding officer in
writing. Waiver requests shall include the below information. The waiver shall not include any
Privacy Act information, sensitive data, or proprietary information within their waiver request.
Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to
public comment periods of no less than 15 days. Waiver requests will also be reviewed by the
Made in America Office.
1. Type of waiver requested (non-availability, unreasonable cost, or public interest)
2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.
3. Department of Interior Bureau or Office who issued the award.
4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of
Award)
5. Financial assistance title of project (reference block 8 on DOI Notice of Award).
6. Federal Award Identification Number (FAIN).
7. Federal funding amount (reference block 11.m. on DO Notice of Award).
8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the
extent known).
9. Infrastructure project description(s) and location(s) (to the extent known).
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 12
10. List of iron or steel item(s), manufactured goods, and construction material(s) the
recipient seeks to waive from Buy America requirements. Include the name, cost,
countries of origin (if known), and relevant PSC or NAICS code for each.
11. A certification that the recipient made a good faith effort to solicit bids for domestic
products supported by terms included in requests for proposals, contracts, and
nonproprietary communications with the prime contractor.
12. A statement of waiver justification, including a description of efforts made (e.g., market
research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver.
Such a justification may cite, if applicable, the absence of any Buy America-compliant
bids received in response to a solicitation.
13. Anticipated impact if no waiver is issued. Approved waivers will be posted at
https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a
waiver will be notified of their waiver request determination by an awarding officer.
Questions pertaining to waivers should be directed to the financial assistance awarding officer.
Definitions
Construction materials” includes an article, material, or supply that is or consists primarily of:
non-ferrous metals;
plastic and polymer-based products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables);
glass (including optic glass);
lumber; or
drywall.
Construction Materials” does not include cement and cementitious materials, aggregates such as
stone, sand, or gravel, or aggregate binding agents or additives.
Domestic content procurement preference’’ means all iron and steel used in the project are
produced in the United States; the manufactured products used in the project are produced in the
United States; or the construction materials used in the project are produced in the United States.
Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the
United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and
other maritime facilities; intercity passenger and freight railroads; freight and intermodal
facilities; airports; water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems; utilities; broadband infrastructure; and buildings and real
property. Infrastructure includes facilities that generate, transport, and distribute energy.
Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the
United States.
8. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is
national policy to award a fair share of contracts to small and minority firms. NPS is strongly
committed to the objectives of this policy and encourages all recipients of its Cooperative
Agreements to take affirmative steps to ensure such fairness by ensuring procurement
procedures are carried out in accordance with the Executive Order.
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 13
9. Program Income. If the Grantee earns program income, as defined in 2 CFR § 200.80, during
the period of performance of this agreement, to the extent available the Grantee must disburse
funds available from program income, and interest earned on such funds, before requesting
additional cash payments (2 CFR § 200.305 (5)). As allowed under 2 CFR § 200.307, program
income may be added to the Federal award by the Federal agency and the non-Federal entity.
The program income must be used for the purposes, and under the conditions of, the Federal
award. Disposition of program income remaining after the end of the period of performance
shall be negotiated as part of the agreement closeout process.
10. Rights in Data. The Grantee must grant the United States of America a royalty–free, non–
exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner
and for any purpose without limitation, and to authorize or ratify publication, reproduction or
use by others, of all copyrightable material first produced or composed under this Agreement
by the Recipient, its employees or any individual or concern specifically employed or assigned
to originate and prepare such material.
11. Conflict of Interest
a) Applicability
1) This section intends to ensure that non-Federal entities and their employees take
appropriate steps to avoid conflicts of interest in their responsibilities under or with
respect to Federal financial assistance agreements.
2) In the procurement of supplies, equipment, construction, and services by recipients
and by subrecipients, the conflict of interest provisions in 2 CFR §200.318 apply.
b) Requirements
1) Non-Federal entities must avoid prohibited conflicts of interest, including any
significant financial interests that could cause a reasonable person to question the
recipient's ability to provide impartial, technically sound, and objective performance
under or with respect to a Federal financial assistance agreement.
2) In addition to any other prohibitions that may apply with respect to conflicts of interest,
no key official of an actual or proposed recipient or subrecipient, who is substantially
involved in the proposal or project, may have been a former Federal employee who,
within the last one (1) year, participated personally and substantially in the evaluation,
award, or administration of an award with respect to that recipient or subrecipient or in
development of the requirement leading to the funding announcement.
3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-
public information regarding the evaluation, award, or administration of an award to
that recipient or subrecipient or the development of a Federal financial assistance
opportunity that may be of competitive interest to that recipient or subrecipient.
c) Notification. Non-Federal entities, including applicants for financial assistance awards, must
disclose in writing any conflict of interest to the DOI awarding agency or pass- through entity
in accordance with 2 CFR § 200.112, Conflicts of interest.
d) Grantees must establish internal controls that include, at a minimum, procedures to identify,
disclose, and mitigate or eliminate identified conflicts of interest. The recipient is
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 14
responsible for notifying the Financial Assistance Officer in writing of any conflicts of
interest that may arise during the life of the award, including those that have been reported
by subrecipients. Restrictions on Lobbying. Non-Federal entities are strictly prohibited
from using funds under this grant or cooperative agreement for lobbying activities and must
provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC
1352.
e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest
disclosure on the basis of its particular facts and the nature of the proposed grant or
cooperative agreement and will determine whether a significant potential conflict exists and,
if it does, develop an appropriate means for resolving it.
f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the
Government may be cause for termination of the award. Failure to make required
disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies for
Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 15
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been
encumbered as required by Minn. Stat. §
16A.15
Signed:
Date:
SWIFT Contract/PO No(s).
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
3. STATE AGENCY
By:
with delegated authority)
Title:
Date:
Distribution:
Agency
Grantee
State’s Authorized Representative
Attachment A - Project Narrative and Budget Detail
Project Components
Recipient:
Ponds Park
Project Number:
Project Scope:
The City of Prior Lake will redevelop ballfields and trails.
Replace existing hillside trail and stairs
Remove trail adjacent to practice ballfield and locate new trail closer to
playground
Replace 2 adult ballfields with 2 youth ballfields with improved spacing for
safety and storm management
Reconstruct and remove trails
105,624
11,723
372,433
54,739
Total Cost
Estimated Total Cost
598,970
Design & engineering $54,452
LWCF Amount:$299,485
Local Match:
Total Project Cost:
299,485
598,970
City of Prior Lake
Park Name:
LW27-01468
200Feet
Attachment B -27-01468 LWCF Boundary Ponds Park
17429 Ponds Parkway SE | Prior Lake, MN 55372 - 67.0 Acres
Applicant:_____________________________________________ Date:____/____/2022
LWCF Boundary
Park Features to Remain
New/Changing Park Features
Section Corner
Parking Lot (Existing)
Restrooms (Existing)
Potable Water Source (Existing)
Shelter (Existing)
Steve Hart, CPRP - Parks & Recreation Manager - City of Prior Lake
Primary Entry
Via 170th St SE
Secondary Entry
Via Ponds Pkwy SE
Pedestrian Entry
Via Pondsedge Ln
Pedestrian Entry
Via Neighborhood
Pedestrian Entry
Via Wilderness Tr SE
Section Corner
Co 70 - Town 114 - Rang 22
P
P
P P
P
12
11 12
Ex. Ballfield
To Remain
Ex. Ballfield
To Remain
Focus Area
Graphic LocationEx.
Ballfield To
Remain Storage
Bldg To
Remain Ex.
Ballfield To Remain Ex.
Rectangle Fields (
2)To Remain
Ex. Rectangle
Field To
Remain Ex.
Ballfield To
Remain Ex.
Ballfield To Remain
Ex. Trail
Removal
Ex.
Trail
Removal
Play
Structure
Accessible Shelter Building
With Concrete
Plaza Ex.
Ballfield To
1
ATTACHMENT C
LWCF GENERAL PROVISIONS
Part I – Definitions
A.The term "NPS" as used herein means the National Park Service, United States Department
of the Interior (DOI).
B.The term "Director" as used herein means the Director of the National Park Service, or any
representative lawfully delegated the authority to act for such Director.
C.The term "Secretary" as used herein means the Secretary of the Interior, or any representative
lawfully delegated the authority to act for such Secretary.
D.The term "State" as used herein means the State, Territory, or District of Columbia that is a
party to the grant agreement to which these general provisions are attached, and, when
applicable, the political subdivision or other public agency to which funds are to be
subawarded pursuant to this agreement. Wherever a term, condition, obligation, or
requirement refers to the State, such term, condition, obligation, or requirement shall also
apply to the political subdivision or public agency, except where it is clear from the nature of
the term, condition, obligation, or requirement that it applies solely to the State. For
purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed
synonymous.
E.The term “Land and Water Conservation Fund” or “LWCF” as used herein means the
Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897,
codified at 54 U.S.C. § 2003), which is administered by the NPS.
F.The term "Manual" as used herein means the Land and Water Conservation Fund State
Assistance Program Manual, Volume 71 (March 11, 2021).
G.The term "project" as used herein refers to an LWCF grant, which is subject to the grant
agreement and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the
project creates an obligation to maintain the property described in the agreement and supporting
application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance
will use the monies granted hereunder for the purposes of this program, and that assistance
granted from the LWCF will result in a net increase, commensurate at least with the Federal
cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than
replace or be substituted for, the State and/or local outdoor recreation funds.
2
A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF
General Provisions, and the terms and provisions as contained or referenced in, or attached
to, the NPS grant agreement and that it will further impose these terms and provisions upon
any political subdivision or public agency to which funds are subawarded pursuant to the
grant agreement. The State also agrees that it shall be responsible for compliance with the
terms and provisions of the agreement by such a political subdivision or public agency and
that failure by such political subdivision or public agency to so comply shall be deemed a
failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the
signed and dated project boundary map made part of that agreement is being acquired or
developed with LWCF assistance, or is integral to such acquisition or development, and that,
without the approval of the Secretary, it shall not be converted to other than public outdoor
recreation use but shall be maintained in public outdoor recreation in perpetuity or for the
term of the lease in the case of property leased from a federal agency. The Secretary shall
approve such a conversion only if it is found to be in accord with the then existing statewide
comprehensive outdoor recreation plan and only upon such conditions deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-
completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The
replacement land then becomes subject to LWCF protection. The approval of a conversion
shall be at the sole discretion of the Secretary, or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter
the area described in the grant agreement and depicted in the signed and dated project
boundary map to provide the most satisfactory public outdoor recreation unit, except that
acquired parcels are afforded LWCF protection as soon as reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of
property with full knowledge that the project is subject to reversionary rights and outstanding
interests, conversion of said property to other than public outdoor recreation use as a result of
such right or interest being exercised will occur. In receipt of this approval, the State agrees
to notify the NPS of the potential conversion as soon as possible and to seek approval of
replacement property in accord with the conditions set forth in these provisions and the
program regulations. The provisions of this paragraph are also applicable to: leased
properties developed with LWCF assistance where such lease is terminated prior to its full
term due to the existence of provisions in such lease known and agreed to by the NPS; and
properties subject to other outstanding rights and interests that may result in a conversion
when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance
by the State with the terms of this agreement is the preservation, protection, and the net
increase in the quality and quantity of public outdoor recreation facilities and resources that
are available to the people of the State and of the United States, and such benefit exceeds to
an immeasurable and unascertainable extent the amount of money furnished by the United
States by way of assistance under the terms of this agreement. The State agrees that payment
by the State to the United States of an amount equal to the amount of assistance extended
3
under this agreement by the United States would be inadequate compensation to the United
States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by
the State of this agreement shall be the specific performance of this agreement or the
submission and approval of a conversion request as described in Part II.B above.
D. The State agrees to comply with the policies and procedures set forth in the Manual.
Provisions of said Manual are incorporated into and made a part of the grant agreement.
E. The State agrees that the property and facilities described in the grant agreement shall be
operated and maintained as prescribed by Manual requirements and published post-
completion compliance regulations (36 C.F.R Part 59).
F. The State agrees that a notice of the grant agreement shall be recorded in the public property
records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located,
to the effect that the property described and shown in the scope of the grant agreement and
the signed and dated project boundary map made part of that agreement, has been acquired or
developed with LWCF assistance and that it cannot be converted to other than public outdoor
recreation use without the written approval of the Secretary as described in Part II.B above.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in Section V of the Department of the
Interior Standard Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to
the extent that reasonable differences in admission or other fees may be maintained on
the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant
Agreement and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities. A resolution, motion, or similar action has been duly adopted or
passed authorizing the filing of the application, including all understandings and
assurances contained herein, and directing and authorizing the person identified as the
official representative of the State to act in connection with the application and to provide
such additional information as may be required.
3. The State has the capability to finance the non-Federal share of the costs for the project.
Sufficient funds will be available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
4
B. Project Execution
1. The State shall transfer to the project sponsor identified in the Application for Federal
Assistance all funds granted hereunder except those reimbursed to the State to cover
eligible expenses derived from a current approved negotiated indirect cost rate
agreement.
2. The State will cause work on the project to start within a reasonable time after receipt of
notification that funds have been approved and assure that the project will be
implemented to completion with reasonable diligence.
3. The State shall secure completion of the work in accordance with approved construction
plans and specifications, and shall secure compliance with all applicable Federal, State,
and local laws and regulations.
4. The State will provide for and maintain competent and adequate architectural/engineering
supervision and inspection at the construction site to insure that the completed work
conforms with the approved plans and specifications; that it will furnish progress reports
and such other information as the NPS may require.
5. In the event the project cannot be completed in accordance with the plans and
specifications for the project, the State shall bring the project to a point of recreational
usefulness agreed upon by the State and the Director or her/his designee in accord with
Section III.C below.
6. As referenced in the DOI Standard Terms and Conditions, the State will ensure the
project’s compliance with applicable federal laws and their implementing regulations,
including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504
Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) and applicable regulations; and the Flood
Disaster Protection Act of 1973 (P.L. 93-234).
7. The State will comply with the provisions of: Executive Order (EO) 11988, relating to
evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement
or water pollution, and EO 11990 relating to the protection of wetlands.
8. The State will assist the NPS in its compliance with Section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic
Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements
while considering the effect of this grant award on historic properties. The Act requires
federal agencies to take into account the effects of their undertaking (grant award) on
historic properties by following the process outlined in regulations. That process includes
1) initiating the process through consultation with the State Historic Preservation Officer
and others on the undertaking, as necessary, by (2) identifying historic properties listed
on or eligible for inclusion on the National Register of Historic Places that are subject to
effects by the undertaking, and notifying the NPS of the existence of any such properties,
by (3) assessing the effects of the undertaking upon such properties, if present, and by (4)
5
resolving adverse effects through consultation and documentation according to 36 C.F.R.
800.11. If an unanticipated discovery is made during implementation of the undertaking,
the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13.
9. The State will assist the NPS in its compliance with the National Environmental Policy
Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R.
1500-1508), by adhering to procedural requirements while considering the
consequences of this project on the human environment. This Act requires Federal
agencies to take into account the reasonably foreseeable environmental consequences of
all grant-supported activities. Grantees are required to provide the NPS with a description
of any foreseeable impacts to the environment from grant-supported activities or
demonstrate that no impacts will occur through documentation provided to the NPS. The
applicant must submit an Application & Revision Form in order to assist the NPS in
determining the appropriate NEPA pathway when grant-assisted development and other
ground disturbing activities are expected. If a Categorical Exclusion (CE) is the
appropriate NEPA pathway, the NPS will confirm which CE, according to NPS
Director's Order 12, applies.
C. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending
corrective action by the State or pending a decision to terminate the grant by the NPS.
2. The State may unilaterally terminate the project at any time prior to the first payment on
the project. After the initial payment, the project may be terminated, modified, or
amended by the State only by mutual agreement with the NPS.
3. The Director may terminate the project in whole, or in part, at any time before the date of
completion whenever it is determined that the grantee has failed to comply with the
conditions of the grant. The Director will promptly notify the State in writing of the
determination and the reasons for the termination, together with the effective date.
Payments made to States or recoveries by the NPS under projects terminated for cause
shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole or in part at any time before the date
of completion when both parties agree that the continuation of the project would not
produce beneficial results commensurate with the further expenditure of funds. The two
parties shall agree upon the termination conditions, including the effective date and, in
the case of partial termination, the portion to be terminated. The grantee shall not incur
new obligations for the terminated portion after the effective date and shall cancel as
many outstanding obligations as possible. The NPS may allow full credit to the State for
the Federal share of the non-cancelable obligations, properly incurred by the grantee prior
to termination.
5. Termination either for cause or for convenience requires that the project in question be
brought to a state of recreational usefulness agreed upon by the State and the Director or
that all funds provided by the NPS be returned.
6
D. Project Closeout
1. The State will determine that all applicable administrative actions, including financial,
and all required work as described in the grant agreement has been completed by the end
of the project’s period of performance.
2. Within 120 calendar days after completing the project or following the Expiration Date of
the period of performance, whichever comes first, the State will submit all required
documentation as outlined in the Manual and the Federal Financial Report (SF-425) as
outlined in Article XIV of this Agreement for approval by the NPS prior to requesting
final reimbursement.
3. After review, including any adjustments, and approval from the NPS, the State will
request through ASAP the final allowable payment of reimbursable costs. The State will
submit a completed “LWCF Record of Electronic Payment” form to the NPS within 24
hours (before or after) of initiating the request for payment in ASAP.
4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or
other review within the record retention period.
200Feet
Attachment B -27-01468 LWCF Boundary Ponds Park
17429 Ponds Parkway SE | Prior Lake, MN 55372 - 67.0 Acres
Applicant:_____________________________________________ Date:____/____/2022
LWCF Boundary
Park Features to Remain
New/Changing Park Features
Section Corner
Parking Lot (Existing)
Restrooms (Existing)
Potable Water Source (Existing)
Shelter (Existing)
Steve Hart, CPRP - Parks & Recreation Manager - City of Prior Lake
Primary Entry
Via 170th St SE
Secondary Entry
Via Ponds Pkwy SE
Pedestrian Entry
Via Pondsedge Ln
Pedestrian Entry
Via Neighborhood
Pedestrian Entry
Via Wilderness Tr SE
Section Corner
Co 70 - Town 114 - Rang 22
P
P
P P
P
12
11 12
Ex. Ballfield
To Remain
Ex. Ballfield
To Remain
Focus Area
Graphic LocationEx.
Ballfield To
Remain Storage
Bldg To
Remain Ex.
Ballfield To Remain Ex.
Rectangle Fields (
2)To Remain
Ex. Rectangle
Field To
Remain Ex.
Ballfield To
Remain Ex.
Ballfield To Remain
Ex. Trail
Removal
Ex.
Trail
Removal
Play
Structure
Accessible Shelter Building
With Concrete
Plaza Ex.
Ballfield To