IV.6. Business District Initiative Grant Agreement with Hennepin County; Beekman (CR2017-084)June 20, 2017 Council Report 2017-084
Business District Initiative Grant Agreement with Hennepin County
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Business District
Initiative Grant Agreement between the City of Hopkins and Hennepin County.
Overview
The Business District Initiative (BDI) program provides funding to suburban municipalities within
Hennepin County to support the economic vitality of priority business districts and main
streets. Eligible locations are suburban Hennepin County business districts with concentrations
of neighborhood-serving retail, office, restaurant and/or entertainment uses that offer a variety
of goods and services in a walkable environment. All of the funds from the program must go to
support programs that meet this eligibility.
The City applied for and received a $30,000 grant from this program to fund a Friendly Store
Fronts initiative in downtown Hopkins. The Friendly Store Fronts initiative is a creative
placemaking program that will be implemented by the Musicant Group. This program was
discussed at the March 14, 2017, City Council work session as part of the economic
development strategy discussion.
The Friendly Store Fronts initiative includes city-funded micro grants of up to $500 per
participating business, as well as an Open Streets event on Mainstreet in the fall to showcase
the various projects completed through the Friendly Store Fronts program. The anticipated cost
of the City’s portion of the initiative would be up to $15,000 and would be funded from the
Economic Development Fund.
Supporting Documents
Business District Initiative Grant Agreement for City of Hopkins
Meg Beekman
Community Development Coordinator
Alternatives
The Council has the following alternatives:
Approve the grant agreement between Hennepin County and the City of Hopkins and
accept the grant funds
Deny the grant agreement and opt not to move forward with the Friendly Store Fronts
Program
Hennepin County Contract No. A177372
BUSINESS DISTRICT INITIATIVE GRANT AGREEMENT FOR
CITY OF HOPKINS
This Agreement is dated June 20, 2017 and is between Hennepin County, (“COUNTY”),
701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415, and the City of Hopkins,
(“CITY”), 1010 First Street South, Hopkins, MN 55343.
WHEREAS, on March 14, 2017, CITY submitted an application (“Application”) to the
Business District Initiative (BDI) for monetary assistance to implement a storefront technical
assistance program for Main Street Hopkins businesses (“the Project”); and
WHEREAS, the Project fits within the goals of a multijurisdictional reinvestment
program authorized under Minnesota Statutes §383B.79 (“Program”); and
WHEREAS, the COUNTY has the authority to participate in the Project pursuant to
Minnesota Statutes §§383B.79 and 471.64; and
WHEREAS, by Resolution No. 17-0180, approved on May 23, 2017, the COUNTY
authorized an award of thirty thousand dollars ($30,000) to CITY for the Project; and
WHEREAS, the parties are authorized to enter into this agreement pursuant to Minnesota
Statutes §§383B.79 and 471.59 and other applicable law; and
WHEREAS, the COUNTY wishes to contract with the CITY for completion of eligible
activities (“Eligible Activities”), more fully described in Exhibit 1.
Now, therefore, the Parties agree as follows:
1. Term and Cost of the Agreement. The CITY agrees to complete the Eligible Activities
for the Project by December 31, 2019. The COUNTY agrees to contribute an amount not
to exceed thirty thousand dollars ($30,000) to CITY for reimbursement of the Eligible
Activities, more fully described in Exhibit 1, attached hereto and incorporated by this
reference.
2. Use of Funds. CITY shall use all funds received under this Agreement for completion of
the Eligible Activities in accordance with the Application submitted by CITY to the
COUNTY for CITY to implement a storefront program for Main Street Hopkins
businesses. The program will involve working with 20 businesses to implement a toolkit
of activities designed to activate their storefront spaces and enhance the vibrancy of
downtown Hopkins. COUNTY funding will support program development and outreach
to businesses. CITY will fund micro-grants to implement the improvements. This award
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anticipates approximately $21,125 in leverage through direct and in-kind investments by
CITY. CITY shall be solely responsible for securing all additional funds needed for
completion of the Eligible Activities and the Project.
3.Payment. Payment shall be made directly to the CITY upon the presentation of a claim
in the manner provided by law governing the COUNTY’s payment of claims and/or
invoices. CITY shall submit invoices with supporting documentation as described in
Exhibit 1, Eligible Activities. Prior to submitting the first invoice, CITY will provide the
COUNTY with a work plan and schedule for COUNTY approval, detailing when the
Eligible Activities shall be completed. CITY shall provide other documentation upon
request. COUNTY shall be under no obligation to provide payment until the work plan
and schedule are approved. Payment shall be made within forty-five (45) days from
receipt of the invoice and proof of payment. Final payment shall be withheld until CITY
provides documentation that it has expended at least $20,000 in direct and in-kind
investments as described in the application.
4. Independent Contractor. CITY shall select the means, method, and manner of performing
the services. Nothing is intended or should be construed as creating or establishing the
relationship of co-partners between the parties or as constituting CITY as the agent,
representative, or employee of the COUNTY for any purpose. CITY is and shall remain
an independent contractor for all services performed under this Agreement. CITY shall
secure at its own expense all personnel required in performing services under this
Agreement. Any personnel of CITY or other persons while engaged in the performance
of any work or services required by CITY will have no contractual relationship with the
COUNTY, and will not be considered employees of the COUNTY. The COUNTY shall
not be responsible for any claims that arise out of employment or alleged employment
under the Minnesota Unemployment Insurance Law or the Workers’ Compensation Act
of the State of Minnesota on behalf of any personnel including, without limitation, claims
of discrimination against CITY, its officers, agents, contractors, or employees. Such
personnel or other persons shall neither require nor be entitled to any compensation,
rights, or benefits of any kind from COUNTY, including without limitation, tenure
rights, medical and hospital care, sick and vacation leave, workers’ compensation,
unemployment compensation, disability, severance pay, and retirement benefits.
5.Non-Discrimination. In accordance with the COUNTY policies against discrimination,
CITY agrees that it shall not exclude any person from full employment rights nor prohibit
participation in or the benefits of, any program, service, or activity on the grounds of
race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public
assistance status, or national origin. No person who is protected by applicable Federal or
State laws against discrimination shall be otherwise subjected to discrimination.
6.Indemnification. CITY agrees to defend, indemnify, and hold harmless the COUNTY, its
officials, officers, agents, volunteers and employees from any liability, claims, causes of
action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s
fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor,
anyone directly or indirectly employed by them, and/or anyone for whose acts and/or
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omissions they may be liable in the performance of the services required by this
Agreement, and against all loss by reason of the failure of CITY to perform any
obligation under this Agreement. For clarification and not limitation, this obligation to
defend, indemnify and hold harmless includes but is not limited to any liability, claims or
actions resulting directly or indirectly from alleged infringement of any copyright or any
property right of another, the employment or alleged employment of CITY personnel, the
unlawful disclosure and/or use of protected data, or other noncompliance with the
requirements of the Data provisions set forth in Section 7 hereof.
7.Data. CITY, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 (MGDPA) and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality, which may
include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For
clarification and not limitation, the COUNTY hereby notifies CITY that the requirements
of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall
promptly notify the COUNTY if CITY becomes aware of any potential claims, or facts
giving rise to such claims, under the MGDPA.
8.Records – Availability/Access. Subject to the requirements of Minnesota Statutes
Section 16C.05, Subd. 5, the COUNTY, the State Auditor, or any of their authorized
representatives, at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of CITY and involve transactions relating to this
Agreement. CITY shall maintain these materials and allow access during the period of
the Agreement and for six (6) years after its expiration or cancellation or termination.
9.Merger and Modification.
a. The entire Agreement between the parties is contained herein and supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All
items that are referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
b. Any alterations, variations, modifications, or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to this
Agreement signed by the parties. Except as expressly provided, the substantive legal
terms contained in this Agreement may not be altered, varied, modified or waived by
any change order, implementation plan, scope or work, development specification or
other development process or document.
10.Default and Cancellation/Termination.
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a.If CITY fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be
in default. Unless CITY’s default is excused in writing by the COUNTY, the
COUNTY may upon written notice immediately cancel or terminate this
Agreement in its entirety. Additionally, failure to comply with the terms of this
Agreement shall be just cause for the COUNTY to delay payment until the
CITY ’s compliance. In the event of a decision to withhold payment, the
COUNTY shall furnish prior written notice to CITY.
b.The COUNTY’s failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
c.This Agreement may be canceled/terminated with or without cause by the
COUNTY upon thirty (30) days’ written notice.
11. Survival of Provisions. Provisions that by their nature are intended to survive the term,
cancellation or termination of the Agreement do survive such term, cancellation or
termination. Such provisions include but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION; DATA; RECORDS-
AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; and
MINNESOTA LAW GOVERNS.
12.Contract Administration. In order to coordinate the services of CITY with the activities
of the COUNTY so as to accomplish the purposes of this Agreement, Crystal Myslajek,
or successor, shall manage this Agreement on behalf of the COUNTY and serve as
liaison between the COUNTY and CITY.
13.Notices. Unless the parties otherwise agree in writing, any notice or demand which must
be given or made by a party under this Agreement or any statute or ordinance shall be in
writing, and shall be sent registered or certified mail. Notice to the COUNTY shall be
sent to the Deputy Executive Director with a copy sent to parties set forth in Section 14 at
the address stated in the opening paragraph of the Agreement. Notice to CITY shall be
sent to the address stated in the opening paragraph of the Agreement.
14. Conflict of Interest. CITY affirms that to the best of CITY’s knowledge, CITY’s
involvement in this Agreement does not result in a conflict of interest with any party or
entity which may be affected by the terms of this Agreement. Should any conflict or
potential conflict of interest become known to CITY, CITY will immediately notify the
COUNTY of the conflict or potential conflict, specifying the part of this Agreement
giving rise to the conflict or potential conflict, and will advise the COUNTY whether
CITY will or will not resign from the other engagement or representation.
15.Recognition of Hennepin County. In recognition of the COUNTY funding support,
CITY agrees to include the Hennepin County logo on project materials, including the
Friendly Store Front toolkit. If project signage references other government financing
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programs on the project sign, CITY shall include a reference that financing was provided
in part by the Hennepin County Business District Initiative.
16.Assignment. This Agreement may not be assigned, pledged, or transferred without the
prior written consent of the COUNTY.
17. Minnesota Laws Govern. The laws of the state of Minnesota shall govern all questions
and interpretations concerning the validity and construction of this Agreement and the
legal relations between the parties and their performance. The appropriate venue and
jurisdiction for any litigation will be those courts located within the County of Hennepin,
state of Minnesota. Litigation, however, in the federal courts involving the parties will be
in the appropriate federal court within the state of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
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COUNTY BOARD AUTHORIZATION
C ITY, having signed this Agreement, and the COUNTY having duly approved this Agreement
on the ____ day of _________, 2017, and pursuant to such approval, the proper County officials
having signed this Agreement, the parties hereto agree to be bound by the provision herein set
forth.
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney’s Office
B y:
______________________________ Chair of Its County Board
Date: ________________________
ATTEST:
Deputy/Clerk of County Board
Date:
And:
County Administrator
Date:
B y:
Assistant County Administrator, Public Works
Date:
Recommended for Approval:
Director, Community Works
Date:
CITY
The CITY certifies that the person who executed this
Agreement is authorized to do so on behalf of the CITY as
required by applicable articles, bylaws, resolutions or
ordinances.*
By: ________________________________
Title:
Date: _______________________________
By: ________________________________
Title:
Date: _______________________________
*CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority.
This documentation shall be submitted at the time CITY returns the Agreement to the County. Documentation is not required for a sole
proprietorship.
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EXHIBIT 1
Eligible Activities: The City of Hopkins
Project Summary
The program will create a toolkit and process on how to activate small business storefronts that can be
used by all merchants going forward. It will create a culture among businesses that dynamic store
windows and sidewalk activations are the norm, in order to better attract customers, enhance the customer
experience, and ultimately strengthen Mainstreet businesses. It will jumpstart this change in practice by
providing technical assistance and micro-grants to up to 20 businesses who opt into the program.
Objectives
1)Strengthen the commercial and social vibrancy of Downtown Hopkins through dynamic business-led
storefront activations and merchandising; and,
2)Build visibility and brand awareness for Downtown Hopkins as the “friendliest downtown.”
Schedule
Businesses will be enrolled through three cohorts of up to eight businesses at a time. The anticipated
scheduled is outlined below. CITY will notify Contract Manager of any changes to this schedule.
June Cohort 1 - site visits and interviews
July Cohort 1 - develop individual improvement plans to activate storefronts
and community spaces throughout downtown Hopkins and Mainstreet
Cohort 2 - site visits and interviews
Cohort 1 - implement improvements using micro-grants provided by
the City
Cohort 2 - develop individual improvement plans to activate storefronts
and community spaces throughout downtown Hopkins and Mainstreet
Cohort 2 - implement improvements using micro-grants provided by
the City
August Hold a community workshop on the program and storefront
improvements.
Cohort 3 - site visits and interviews
Cohort 3 - develop individual improvement plans to activate storefronts
and community spaces throughout downtown Hopkins and Mainstreet
Cohort 3 - implement improvements using micro-grants provided by
the City
October Hold open streets event to highlight improvements and further brand
downtown Hopkins as a "friendly" downtown
November Draft toolkit submitted for review and comment
Final version of Toolkit delivered
Deliverables and Reimbursement
Hopkins will submit three invoices - no more than one payment request per month. Payment request must
include documentation of costs incurred for eligible activities from professional service providers,
additional deliverables described below, and a completed invoice form (provided by the Contract
Manager). Payment requests should be for a minimum of 20% of the total contract amount. Include the
contract number (A177372) on each payment request. Send each invoice to the Contract Manager listed
below by mail or email.
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Invoice Deliverables
First invoice 1.Consultant invoice documenting work performed
Second invoice 1.Consultant invoice documenting work performed
2. Evaluation survey tool
3.Summary of workshop content, participation, and business feedback
Final invoice 1.Consultant invoice documenting work performed
2. Documentation of in-kind investment
3. Evaluation survey summary
4.List of participating businesses/sites
5.Brief summary of individual improvement plans including existing
conditions and design recommendations.
6.Before and after survey
7.Draft toolkit
8.Final toolkit
Evaluation
CITY to have a debrief discussion with contract manager to
review results of business feedback and other outcomes.
Final payment contingent on debrief
discussion, and all deliverables as
described above.
Total: $30,000
Contract Manager
Crystal Myslajek
612-348-4630
crystal.myslajek@hennepin.us