HomeMy WebLinkAbout05(J) - Approve Minnesota Department of Natural Resources Conservation Partners Legacy Program Grant Contract Agreement Report
ITEM: 5J
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2023
PREPARED BY: Steve Hart, Park & Recreation Manger
PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer
AGENDA ITEM: Approve Minnesota Department of Natural Resources
Conservation Partners Legacy Program Grant Contract Agreement
RECOMMENDED ACTION:
Approve Grant Contract Agreement for Five Hawks Prairie restoration project.
BACKGROUND:
In April 2023, the city was awarded a grant through the MN DNR Conservation Partner Legacy
Program for restoration work at Five Hawks Prairie (16765 Simpkins Ave SW). The project began
in 2022 with the removal of invasive plant species and a prescribed burn. Future planned work
will include further monitoring and removal of invasive species as well as establishment of native
prairie species to promote site resiliency and diversity between now and fall of 2025.
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 June 5, 2023.
FINANCIAL IMPACT:
The estimated cost for this project is $24,674.00. The city has satisfied its match requirement by
paying for the work done to-date, an amount of $10,997.00. The remaining project costs of
$13,677.00 will be reimbursed by grant funding.
ALTERNATIVES:
1. Motion and second to approve the Minnesota Department of Natural Resources
Conservation Partners Legacy Grant Contract Agreement.
ATTACHMENTS:
1. 20230605 Five Hawks Prairie Grant Contract Agreement - DOC
2. Five Hawks Prairie Map
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
State Accounting Information PO Number: ________________
Rev. 8/21 1
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
ENCUMBRANCE WORKSHEET
City of Prior Lake/ Five Hawks Prairie Restoration
State Accounting information:
SWIFT Contract Doc. Type: SWIFT Contract #:
SWIFT Contract Line # (Annual Plans): SWIFT Purchase Order #:
Agency:
R2901 Submitted By:
David Stein
Origin:
A24
Vendor #: Category
Code:
84101501
Total Amount of
Contract for ALL
years:
$13,677 Total Amount of Contract: $ 13,677 For FY:
23
Total Amount of
Contract:
For FY: Total Amount of Contract: $ For FY:
Contract Start Date: Upon Execution Speedchart Name:
Contract Expiration Date: June 30, 2026 Speedchart Number:
Grantee Name and Address: City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Did you remember to:
Check for debarred vendor? Yes No
Check for annual plan limit? Yes No
Work on state lands? Yes No
PO Reference: DS-FY23 CPL Five Hawks Prairie Restoration
Description: FY2023 ECP 1; City of Prior Lake, Five Hawks Prairie Restoration. The State is in need of habitat
work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational
opportunities.
Statewide/ Agency Reporting Funding String
Line Budget/
Bond Year
Amount Fund FinDeptID AppropID Account Statewide
Cost
Agency
Cost 1
Agency
Cost 2
1 22 $13,677 2300 R2936725 R296K33 441352 2W205
Project/ Grant Reporting Funding String
Line PC Business
Unit
Project Activity Source Type Category Sub-Category
0000201767
State Accounting Information PO Number: ________________
Rev. 8/21 2
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State Accounting Information PO Number: ________________
Rev. 8/21 3
STATE OF MINNESOTA
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
GRANT CONTRACT
City of Prior Lake/ Five Hawks Prairie Restoration
This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State")
and City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372 ("Grantee").
Recitals
1.Under Minnesota Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd. 5(v), and Minnesota Statute §
84.026 the State is empowered to enter into this grant.
2.The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve
public recreational opportunities.
3.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
1 Term of Grant Contract
1.1 Effective date: The date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. Per,
Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State’s Authorized Representative to begin the work.
1.2 Expiration date: June 30, 2026, 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: 2.4.
Signage; 11. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data
Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction,
and Venue; 23. Data Disclosure; and 24. Use of Funds for Match or Reimbursement.
2 Duties
Grantee’s Duties
The Grantee, who is not a state employee, will:
2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4
(a) (1).
2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this
grant contract. Any changes to the Work Plan must have prior written approval from the State’s Authorized
Representative.
2.3 Apply for and receive all necessary approvals and permits to complete the project and comply with all applicable
local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and
requirements contained in Minnesota Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd. 5(v),
and MN Statute 97A.056.
2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL)
FY2023 Request for Proposal, which is incorporated into this grant contract by reference. The Request for
Proposal (RFP) may be located at https://files.dnr.state.mn.us/fish_wildlife/cpl/fy23-rfp.pdf?20221011-53.
2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute
97A.056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of
the grant period. Grantee is not responsible for the cost of signs but is responsible for placing signs according to
MN Laws.
2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form
prescribed by the State, by December 31 of each year during the term of this grant contract. A final report must
State Accounting Information PO Number: ________________
Rev. 8/21 4
be submitted prior to or with the request for final payment.
2.7 To provide match as pledged in the approved Work Plan in non-state cash or in-kind services for the costs
incurred for the completion of the Project.
2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources (DNR) to
prevent or limit the introduction, establishment, and spread of invasive species (see section 4.2). This
requirement applies to all activities performed on all lands under this grant contract and is not limited to lands
under DNR control or public waters.
State’s Duties
2.9 To provide Grantee up to $13,677 for the costs incurred for the completion of the Project.
2.10 For grants over $50,000, the State’s Authorized Representative(s) or other designated State Representative will
conduct at least one monitoring visit per grant period. For grants over $250,000, these visits will be on an annual
basis. A monitoring visit may be in person or by telephone.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Project Requirements
4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists
approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee
for auditing purposes.
4.2 Invasive Species Prevention. The DNR requires active steps to prevent or limit the introduction, establishment,
and spread of invasive species during all activities performed on all lands under this grant contract. The grantee
and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by
cleaning equipment prior to arriving at the project site.
If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch,
vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment
(brush/broom, compressed air or pressure washer) at the staging area. The grantee/contractor shall dispose of
material cleaned from equipment and clothing at a location determined by the land manager. If the material
cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with
tarp) and legally dispose of offsite.
The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been
adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters.
All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain,
sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated.
4.3 Project Sites. All restoration and enhancement projects funded with this grant must be on land
permanently protected by a conservation easement or public ownership or in public waters as defined in
Minnesota Statutes, section 103G.005, subdivision 15.
4.4. Restoration and Management Plan. Hereinafter known as R&M Plan.
(a)For all restorations, prepare and retain an ecological restoration and management plan that, to the
degree practicable, is consistent with current conservation science and ecological goals for the
restoration site. Consideration should be given to soil, geology, topography, and other relevant factors
that would provide the best chance for long-term success and durability of the restoration. The plan
shall include the proposed timetable for implementing the restoration, including, but not limited to,
site preparation, establishment of diverse plant species, maintenance, and additional enhancement to
establish the restoration; identify long-term maintenance and management needs of the restoration
and how the maintenance, management, and enhancement will be financed; and use the current
conservation science to achieve the best restoration.
(b)The R&M plan shall be prepared on a form provided by the State’s Authorized Representative.
State Accounting Information PO Number: ________________
Rev. 8/21 5
4.5 Timely written contact of Conservation Corps Minnesota. All grantees must give consideration to and make
timely written contact with the Conservation Corps Minnesota or its successor for consideration of
possible use of their services to contract for restoration and enhancement services. A copy of the written
contact must be filed with the State’s Authorized Representative within 10 days of grant execution.
4.6 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 Minnesota Statutes, section 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: http://files.dnr.state.mn.us/natural_resources/npc/bmp_contract_language.pdf.
4.7 Prescribed Burning on State Lands. For prescribed burns on state lands, contractors must meet the equipment
and personnel requirements (including training and experience) called for in the prescribed burn plan provided
by the State. Requirements can be found at https://files.dnr.state.mn.us/forestry/wildfire/rxfire/prescribed-
burn-handbook.pdf .
4.8 Revenues. Any revenues generated during the grant period from activities on land acquired, restored, or
enhanced with CPL funding must be disclosed to CPL staff and used for habitat purposes to be agreed
upon.
5 Additional Restrictions
CPL funded projects may not be used as future mitigation for any loss or destruction of habitat.
6 Consideration and Payment
6.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as
follows:
(a)Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A,
which is attached and incorporated into this grant contract. Partial payments are allowed. Grantees may
vary by 10% between budget categories without prior approval from the State’s Authorized Representative.
Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share. The
advances must be approved in the Work Plan.
(b)Travel Expenses. Payment for travel and subsistence expenses actually and necessarily incurred by the
Grantee as a result of this grant contract will not exceed $; provided that the Grantee will be reimbursed for
travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB).
The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless
it has received the State’s prior written approval for out of state travel. Minnesota will be considered the
home state for determining whether travel is out of state.
(c)Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed $13,677.
6.2 Payment
(a)Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted, on or before 4 pm local time, July 27, 2026. Invoices must include copies of
appropriate documentation to prove the work has been completed. Invoices must be submitted in a timely
manner and in the manner described in the CPL Payment Manual, which is incorporated into this grant
contract by reference and can be found at:
http://files.dnr.state.mn.us/assistance/grants/habitat/lessard_sams/grantee/payment_manual.pdf
(b)Hold Back. No less than 5% of the amount of the grant must be held back from payment until the grant
recipient has completed a grant accomplishment report by the deadline in the form prescribed by and
satisfactory to the State and LSOHC.
(c)Direct Expenditures. Grant and match funds may only be used for the eligible direct expenditures as
described in the approved Work Plan. Indirect costs and institutional overhead costs are ineligible.
State Accounting Information PO Number: ________________
Rev. 8/21 6
(d)Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final
payment by the State.
(e)Federal Funds. No Federal funds will be used.
6.3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the
State. Work done by the State must be so specified in the Work Plan. A letter shall be sent to the State’s
Authorized Representative and include: the specific area of the Work Plan authorizing the work; the
portion of the proceeds to be used by the State; the name, title, address, phone number and e-mail
address for the State’s representative assigned to accomplish the work; the expected completion date of
the work; and a brief description of the nature of the work sufficient as the basis for judgment of
whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land
or an interest in land, the amount made available to the State shall include the Grantee’s proportionate
cost of professional services to complete the acquisition. The Grantee’s proportion shall be determined
by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price. The
Grantee’s proceeds available under Clause 8, Payment Procedures, of this contract shall be reduced by
the amount provided for State use.
6.4 Contracting and Bidding Requirements.
(a)Municipalities. Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must
do the following if contracting funds from this grant contract for any supplies, materials, equipment or
the rental thereof, or the construction, alteration, repair or maintenance of real or personal property.
i.If the amount of the contract is estimated to exceed $175,000, a formal notice and bidding process
must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best
value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor
or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28,
Subd. 1, paragraph (a), clause (2).
ii.If the amount of the contract is estimated to cost between $25,000 and $174,999, the contract may
be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise complying with the
requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least
one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value
under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and
paragraph (c).
iii.If the amount of the contract is estimated to be $25,000 or less, the contract may be made either
upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon
quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a
period of at least one year after their receipt. Alternatively, municipalities may award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value
under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2).
(b)Nonprofit Organizations.
i.Any services and/or materials that are expected to cost $100,000 or more must undergo a formal
notice and bidding process.
ii.Services and/or materials that are expected to cost between $25,000 and $99,999 must be
competitively awarded based on a minimum of three verbal quotes or bids.
iii.Services and/or materials that are expected to cost between $10,000 and $24,999 must be
competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted
vendor.
iv.The grantee must take all necessary affirmative steps to assure that targeted vendors from
businesses with active certifications through these entities are used when possible:
State Accounting Information PO Number: ________________
Rev. 8/21 7
•State Department of Administration's Certified Targeted Group, Economically Disadvantaged
and Veteran-Owned Vendor List
•Metropolitan Council’s Targeted Vendor list: Minnesota Unified Certification Program
•Small Business Certification Program through Hennepin County, Ramsey County, and City of St.
Paul: Central Certification Program
v.The grantee must maintain written standards of conduct covering conflicts of interest and governing
the actions of its employees engaged in the selection, award and administration of contracts.
(c)Support documentation. Documentation of the bidding process utilized to contract services must be
included in the grantee’s financial records, including support documentation justifying a single/sole source
bid, if applicable, for both municipalities and nongovernmental organizations.
(d)Prevailing wage. For any project that includes construction work of $25,000 or more, prevailing wage
rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project
is subject to prevailing wage. 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. A prevailing wage form should
accompany these bid submittals. Additional information on prevailing wage requirements is available on
the Department of Labor and Industry (DOLI) website at https://www.dli.mn.gov/business/employment-
practices/prevailing-wage-information. Questions about the application of prevailing wage rates should be
directed to DOLI at 651-284-5091. The Grant recipient is solely responsible for payment of all required
prevailing wage rates.
(e)The grantee must not contract with vendors who are suspended or debarred in MN:
http://www.mmd.admin.state.mn.us/debarredreport.asp.
7 Conditions of Payment
All services provided by the Grantee under this grant contract 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.
8 Payment Procedures
8.1 Documentation Requirements. To obtain the payment approved for work under this grant contract, the
grantee must follow all payment procedures documented within the CPL Payment Manual.
9 Authorized Representative
The State's Authorized Representatives:
Kathy Varble David Stein
CPL Program Coordinator CPL Program Administrator
500 Lafayette Road Box #20 500 Lafayette Road Box #20
St. Paul, MN 55155 St. Paul, MN 55155
651-259-5216 651-259-5375
kathy.varble@state.mn.us david.stein@state.mn.us
or successor(s) have the responsibility to monitor the Grantee’s performance and the authority to accept the
services provided under this grant contract. If the services are satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative(s) are:
Project Manager Fiscal Contact
Steve Hart Steve Hart
State Accounting Information PO Number: ________________
Rev. 8/21 8
Parks and Recreation Manager Parks and Recreation Manager
4646 Dakota Street SE 4646 Dakota Street SE
Prior Lake, MN 55372 Prior Lake, MN 55372
shart@PriorLakeMN.gov
952-447-9822 952-447-9822
If the Grantee’s Authorized Representative(s) changes at any time during this grant contract, the Grantee must
immediately notify the State.
10 Assignment, Amendments, Waiver, and Grant Contract Complete
10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant
contract without the prior consent of the State, approved by the same parties who executed and approved
this grant contract, or their successors in office.
10.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original grant
contract, or their successors in office.
10.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or the State’s right to enforce it.
10.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State
and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be
used to bind either party.
11 Liability and Insurance
11.1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from
any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance
of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be
construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations
under this grant contract.
11.2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of
insurance or compliance with insurance requirements has been met. Grantee must meet the insurance
requirements applicable to grantee’s project, as described in the FY2023 Conservation Partners Legacy
Grant Program Request for Proposal, which is incorporated into this grant contract by reference.
11.3 Worker’s 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 In the Event of a Lawsuit
12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court
determines that the appropriation unconstitutionally substitutes for a traditional source of funding.
12.2 Any grant contract or similar contract that awards money from a legacy fund must contain the information
in paragraph 11.1, Liability.
13 State Audits
Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and
practices of the Grantee or other party relevant to this grant contract 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, receipt and approval of all final reports, or the required period of time to satisfy all
State Accounting Information PO Number: ________________
Rev. 8/21 9
state and program retention requirements, whichever is later.
14 Government Data Practices and Intellectual Property Rights
14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release
the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the
Grantee instructions concerning the release of the data to the requesting party before the data is
released. The Grantee’s response to the request shall comply with applicable law.
14.2 Intellectual Property Rights.
(a)Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all
copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded
through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by
the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not
patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs,
drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated
by the Grantee, its employees and subcontractors, either individually or jointly with others, in the
performance of this contract. Documents shall mean the originals of any databases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks,
or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or
subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee
in the works and documents shall equal the ratio of each party’s contributions to the total costs described
in the Budget of this contract. The party’s ownership interest in the works and documents shall not be
reduced by any royalties or revenues received from the sale of the products or the licensing or other
activities arising from the use of the works and documents. Each party hereto shall, at the request of the
other, execute all papers and perform all other acts necessary to transfer or record the appropriate
ownership interests in the works and documents.
(b)Obligations
1.Notification: Whenever any invention, improvement, or discovery (whether or not
patentable) is made or conceived for the first time, or actually or constructively reduced to
practice by the Grantee, including its employees and subcontractors, in the performance of this
contract, the Grantee shall immediately give the State’s Authorized Representative written
notice thereof, and shall promptly furnish the Authorized Representative with complete
information and/or disclosure thereon. All decisions regarding the filing of patent, copyright,
trademark or service mark applications and/or registrations shall be the joint decision of the
Grantee and the State, and costs for such applications shall be divided as agreed by the parties
at the time of the filing decisions. In the event the parties cannot agree on said filing decisions,
the filing decision will be made by the State.
2.Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor
retains any interest in and to the Works and Documents. The Grantee represents and warrants
that the Works and Documents do not and shall not infringe upon any intellectual property
rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the
Grantee’s expense, from any action or claim brought against the State to the extent that it is
based on a claim that all or part of the Works and Documents infringe upon the intellectual
property rights of others. The Grantee shall be responsible for payment of any and all such
claims, demands, obligations, liabilities, costs, and damages including, but not limited to,
State Accounting Information PO Number: ________________
Rev. 8/21 10
attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely
to arise, the Grantee shall, at the State’s discretion, either procure for the State the right or
license to use the intellectual property rights at issue or replace or modify the allegedly
infringing Works and Documents necessary and appropriate to obviate the claim. This remedy
shall be in addition to, and not exclusive of, other remedies provided by law.
(c)Uses of the Works and Documents.
The State and Grantee shall jointly have the right to make, have made, reproduce, modify, distribute,
perform, and otherwise use the works, including Documents produced under this Contract, for
noncommercial research, scholarly work, government purposes, and other noncommercial purposes
without payment or accounting to the other party. No commercial development, manufacture, marketing,
reproduction, distribution, sales or licensing of the Works, including Documents, shall be authorized
without a future written contract between the parties.
(d)Possession of Documents.
The Documents may remain in the possession of the Grantee. The State may inspect any of the
Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State
without cost upon the request of the State.
15 Data Compatibility and Availability Requirements
15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning
and management of natural resources, emergency preparedness, and infrastructure investments shall
conform to the enterprise information architecture developed by the Office of Enterprise Technology (or its
successor). Spatial data must conform to geographic information system guidelines and standards outlined
in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office of Enterprise
Technology (or its successor) geographic metadata standards shall be submitted to the Land Management
Information Center to be made available online through the clearinghouse and the data must be accessible
and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13.
15.2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant
program should be readily accessible on the Grantee’s website and identified as a Lessard-Sams Outdoor
Heritage Council and Conservation Partners Legacy Grant Program project.
16 Publicity, Advertising and Endorsement
16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L-
SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State’s Authorized
Representative upon its release. 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.
16.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
17 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
18 Accessibility and Safety
18.1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal
accessibility laws, regulations, and guidelines, including the American with Disabilities Act (ADA).
Accessibility guidelines and standards can be found at http://www.access-board.gov.
18.2 Safety. All programs must adhere to federal safety regulations, which can be found on the Occupational
Health and Safety Administration’s website at www.osha.gov/law-regs.html.
19 Subgrantees/ Vendor Services
If any subgrants or contracts for any portion of the work covered under this grant contract are made to another
State Accounting Information PO Number: ________________
Rev. 8/21 11
entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant
contract. It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee.
Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant
Program (CPL) Request for Proposal, located at https://files.dnr.state.mn.us/fish_wildlife/cpl/fy22-rfp.pdf
as applicable.
20 Purchase of Recycled or Recyclable Materials
The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat. §
16C.0725. The purchase and use of paper stock and printing must be in compliance with Minn. Stat.
16C.073.
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 contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this contract.
22 Termination
22.1 Termination by the State. The State may immediately terminate this grant contract 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.
22.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that
there has been a failure to comply with the provisions of this grant contract, that reasonable progress has
not been made or that the purposes for which the funds were granted have not been or will not be
fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal
to disburse additional funds and requiring the return of all or part of the funds already disbursed.
23 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.
24 Use of Funds for Match or Reimbursement
Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program
without prior written authorization from the State’s Authorized Representative.
(a)The Grantee must submit a written request for authorization no less than 10 business days prior to
applying for the new funds or program to the State’s Authorized Representative. This request must
include the following information: CPL project name, CPL grant contract number, the amount of CPL
grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded,
and current landowner. The project name, location where the new funds will be used, activity to be
funded, funding source of the new grant or program, and a brief description of the grant or program
being applied for must also be included.
(b)If the new grant or program will add any encumbrances to the land where grant funds were or will be
spent, these encumbrances must be approved in writing by the State’s Authorized Representative and
the current landowner.
25 Conflict of Interest
Under the Minnesota Department of Administration’s Office of Grants Management Conflict of Interest Policy
for State Grant Making (available at http://mn.gov/admin/images/grants_policy_08-01.pdf) and other
applicable laws, Grantees must disclose actual, potential, perceived, and organizational conflicts of interest.
State Accounting Information PO Number: ________________
Rev. 8/21 12
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract on behalf of the
Grantee as required by applicable articles, bylaws,
resolutions, or ordinances.
By: By:
Name: Name:
Title: Title:
Date: Date:
By: By:
Name: Name:
Title: Title:
Date: Date:
1.STATE ENCUMBRANCE VERIFICATION
3.STATE AGENCY
Individual certifies that funds have been encumbered
as required by Minn. Stat. '§ 16A.15 and 16C.05.
3.DEPARTMENT OF NATURAL RESOURCES
By: ___________________________ By: ________________________________
Date: ___________________________ with delegated authority
Purchase Order Number: Name: Dave Olfelt
________________________ Title: Director, Division of Fish and Wildlife
Date: __________________________
Contract #:____________________
Data Date: April 21, 2023Revision: 20191104
CONSERVATION PARTNERS LEGACY GRANT
DIVISION OF FISH AND WILDLIFE
Project Name: Five Hawks Prairie Restoration
PROJECT CONTACT
Organization Name: City of Prior Lake
Organization Type: Government
Project Manager: Steve Hart
Title: Parks and Recreation
Manager
Phone: 952-447-9822
Email: shart@PriorLakeMN.gov
Mailing Address 1: 4646 Dakota Street SE
City, State ZIP Code: Prior Lake, MN 55372
County Name: Scott
Sites / Location
PROJECT OVERVIEW
Land Ownership
Primary Land Ownership: Local Government
Additional Land Ownerships: (N/A)Project Site Name: Westbury Ponds Park
Total Project Sites: 1
Total Project Acres: 3
Primary Type: Prairie
Habitat Activities
Primary Activity: Restoration
Additional Types: (N/A)Additional Activities: (N/A)
$24,674Total Project Cost:
$0Additional Funding Amount:
$10,997
$13,677Total Grant Amount Requested:
Grant Request Level: (N/A)
Grant Type: (N/A)
Total Match Amount Pledged:
PROJECT FUNDING SUMMARY
PROJECT SUMMARY
Site includes a city park and adjacent school district property. The school district uses this area for outdoor education
(elementary aged students). Site currently has invasive species (buckthorn, smooth brome, sumac, eastern red cedar) and will
benefit from a prairie restoration project because of an education component (adjacent school; use for programming) and water
quality component (drains to Upper Prior Lake - impaired for nutrient loading).
PROBLEM STATEMENT
Landbridge Ecological is under contract to perform all of the prairie restoration work. Some of the work has already been
completed and will not be reimbursed under this grant. The following work is a part of the project:
Cut and chip sumac - Sumac is invading around the edges of the site. Work includes cutting, chipping, and hauling.
Pre-burn herbaceous invasive management (spot spray) - Invasives such as smooth brome is located throughout the site. Spot
spray is needed to control these species.
Burn - A prairie burn was completed in the fall of 2022. Entire site.
Post-burn interseed - Native prairie seeding was accomplished in March 2023 to enhance the existing prairie area.
Post-installation Integrated Plant Management - This work is planned for 2 visits per season for 3 seasons to ensure the
restoration is established and maintained.
(CPL Grant Application ID = 2206)
CONSERVATION PARTNERS LEGACY GRANT
PROBLEM STATEMENT (Continued)
Post-installation woody removal and additional seeding - This work is planned for the winter of 2023-2024 and will consist of
additional invasives removal (non-prairie species such as black walnut, ash, boxelder, buckthorn, honeysuckle). After the woody
removal, additional native prairie seed will be installed within the footprints of the invasive trees.
PROJECT OBJECTIVES
CPL funding is needed for this project because the City does not have funding budgeted to restore this area. It has been
neglected for many years as natural lands maintenance is not prioritized. Funding will allow the City to establish and maintain
this area for the first 3 years after installation, using expert restoration contractors, giving it a chance to become
well-established and decrease future maintenance costs.
METHODS
(N/A)
EXPERIENCE / ABILITIES
(N/A)
PROJECT TIMELINE
Time Frame Goal
2 visits/year for 3 years Post-installation Integrated Plant Management
Winter 2023-2024 Post-installation woody removal and additional seedingWinter 2023-2024 Post-installation woody removal and additional seeding
Estimated Project Completion Date: 2025-12-31
PROJECT INFORMATION
(N/A)
1. Describe the degree of collaboration and local support for this project.
(N/A)
2. Describe any urgency associated with this project.
(N/A)
3. Discuss if there is full funding secured for this project, the sources of that funding and if CPL Grant funds will
supplement or supplant existing funding.
(N/A)
4. Describe public access at project site for hunting and fishing, identifying all open seasons.
(N/A)
5. Discuss use of native vegetation (if applicable).
(N/A)
6. Discuss your budget and why it is cost effective.
7. Provide information on how your organization encourages a local conservation culture. This includes your
organization's history of promoting conservation in the local area, visibility of work to the public and any activities
and outreach your organization has completed in the local area.
(N/A)
BUDGET INFORMATION
- Page 2 -
CONSERVATION PARTNERS LEGACY GRANT
BUDGET INFORMATION (Continued)
City, State ZIP Code: Prior Lake, MN 55372
Organization's Fiscal Contact Information
Name: Steve Hart
Title: Parks and Recreation Manager
Email: shart@PriorLakeMN.gov
Phone: 952-447-9822
Street Address 1: 4646 Dakota Street SE
Budget Details
Contracts
Amount Grant/Match In-kind/CashContractor Name Contracted Work
Landbridge Ecolocical work already completed $10,997 Match Cash
Landbridge Ecological Post-installation IPM $8,502 Grant (N/A)
Landbridge Ecological Woody Removal $3,950 Grant (N/A)
Landbridge Ecological Dormant seeding $1,225 Grant (N/A)
Additional Funding
Additional Funding Amount:$0
Budget Overview
TotalMatchGrantItem Type
Personnel - - -
Contracts $13,677 $10,997 $24,674
Fee Acquisition with PILT - - -
Fee Acquisition without PILT - - -
Easement Acquisition - - -
Easement Stewardship - - -
Travel (in-state) - - -
Professional Services - - -
DNR Land Acquisition Cost - - -
Equipment/Tools/Supplies - - -
Additional Budget Items - - -
Totals:$13,677 $10,997 $24,674
SITE INFORMATION
You may group your project sites together as long as land ownership, activity and habitat information is the same for the land
manager.
Email: jtheisen@priorlakemn.gov
Phone: 952-447-9899
Title: Maintenance Superindendent
Organization: City of Prior Lake
Name: Jake Theisen
Land Manager
Habitat:Prairie Activity:Restoration Land Ownership:Local Government
Site Information
(1)Open to Public Hunting?NoSite Name: Five Hawks Prairie
Acres: 3
DOW Lake #: (N/A)Open to Public Fishing?Yes - all
PLS Section: Township - 114, Range - 22W, Section - 2
NATURAL HERITAGE DATABASE REVIEW
Natural Heritage elements were found within my project site(s): No
- Page 3 -
CONSERVATION PARTNERS LEGACY GRANT
ATTACHMENTS
Additional Documentation
Attach additional documentation as applicable using the appropriate cagtegories below. If you exceed the size limit while
uploading, contact CPL Grant staff to discuss your options.
Restoration Plan
File Name Description
5_Hawks_Prairie-_Revised_Bid_02.07.23.pdf
Supplemental Document
File Name Description
20220822_Prairie_Map_-_removals_update.pdf
FINAL APPLICATION SUBMISSION
P I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program
Manual and other program documents, and have discussed this project with the appropriate public land
manager, or private landowner and easement holder.
P I certify I am authorized to apply for and manage these grant and match funds, and the project work by the
organization or agency listed below. I certify this organization to have the financial capability to complete this
project and that it will comply with all applicable laws and regulations.
P I certify that all of the information contained in this application is correct as of the time of the submission. If
anything should change, I will contact CPL Grant staff immediately to make corrections.
P I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation
Corps or its successor for consideration of possible use of their services to contract for restoration and
enhancement services. I will provide CPL Grant staff a copy of that written contact within 10 days after the
execution of my grant, should I be awarded.
P I certify that I am aware at least one Land Manager Review and Approval form is required for every application
and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all
completed forms by uploading them into this applidation. I have attached the required type and number of
forms as necessary for this project.
P I am aware that by typing my name in the box below, I am applying my signature to this online document.
Signature: Pete Young Organization / Agency: City of Prior Lake
Date Signed: March 13, 2023Title: Water Resources Engineer
(CPL Grant Application ID = 2206)
- Page 4 -
5 Hawks Prairie Legend
5 Hawks Prairie
Five Hawks Elementary School
200 ft
N
➤➤
N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus