IV.7. Adopt Resolution 2019-015 Approving Execution of a Hennepin County Healthy Tree Canopy Grant Agreement; Stadleri
February 27, 2019 City of Hopkin� Council Report 2019-024
ADOPT RESOLUTION 2019-015, APPROVING EXECUTION OF A HENNEPIN
COUNTY HEALTHY TREE CANOPY GRANT AGREEMENT
Proposed Action
Staff recommends the following motion: Move that City Council adopt Resolution 2019-015,
approving execution of a Healthv Tree Canopv �'ant agreement between the Cit o�pkins and
Hennepin Count�
Overview
The City applied for and was awarded a$5,000 grant with 25% matching funds required or an
equivalent amount of in-kind services. The grant funds will be used to prepare a citywide public
tree inventory via Rainbow Treecare.
Staff recommends adopting the resolution to approve this grant agreement.
Supportin� Information
• Resolution 2019-015
Hennepin County Healthy Tree Canopy Grant Agreement
Rainbow Tree re proposal
i
Steven J. Stadler, Public Works Director
Financial Impact: matching funds NTE $1,250 Budgeted: Y/N
Source:
Related Documents (CIP, ERP, etc.): Notes:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2019-015
RESOLUTION APPROVING EXECUTION OF HEALTHY TREE CANOPY GRANT AGREEMENT
BETWEEN THE CITY OF HOPKINS AND HENNEPIN COUNTY
WHEREAS, Hennepin County has established a Healthy Tree Canopy Grant Program to provide
reimbursements for selected eligible community tree projects; and
WHEREAS, the City of Hopkins has applied for a grant and has been awarded a grant of $5,000 to
assist in the preparation of a citywide tree inventory:
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hopkins:
That the Healthy Tree Canopy Grant Agreement is hereby approved for execution.
II. That the City of Hopkins will provide 25% matching funds or in-kind services.
III. That the Public Works Director is authorized and directed to execute said grant agreement
and serve as official liaison with Hennepin County or its authorized representative.
Adopted by the Hopkins City Council on this 5th day of March, 2019.
�
Molly Cummings, Mayor
ATTEST:
Amy Domieier, City Clerk
Contract No: PR00000817
HEALTHY TREE CANOPY GRANT AGREEMENT
This Agreement is between the COITNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300
Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County
Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415
("COUNTY"), and City of Hopkins, 11100 Excelsior Boulevard, Hopkins, Minnesota 55343
("CONTRACTOR"), a Minnesota government entity.
WHEREAS, the Hennepin County Board has established a Healthy Tree Canopy Grant
Program to provide awards, which may be in the form of reimbursements ("Tree Grant Funds")
to selected eligible community tree projects; and
WHEREAS, the ORGANIZATION has made an application for an award of Healthy
Tree Canopy Grant Program and has been selected for funding of said described project in
accordance with the terms of this Agreement;
NOW, THEREFORE, the parties agree as follows:
1. TERM AND COST OF THE AGREEMENT
This Agreement shall commence March 1, 2019 and terminate March 1, 2020, unless
terminated earlier in accordance with the Default and Cancellation provisions of this
Agreement.
The total value of Tree Grant Funds awarded under this Agreement, including all
reimbursable expenses, shall not exceed Five Thousand Dollars ($5,000).
2. GRANT REQUIREMENTS
a. The ORGANIZATION shall operate its tree canopy enhancement project ("Project"),
including the proposed Project budget, as described in the application submitted by
the ORGANIZATION and kept on file with the COUNTY. See attachment A for
details regarding the project scope.
a. The ORGANIZATION shall provide 25 percentage matching funds as described in
the project budget and project requirements, as well as provide proof of matching
funds before reimbursement.
b. In addition to the obligation to operate the project as described, the
ORGANIZATION shall:
Submit to the DEPARTMENT in a format acceptable to the COUNTY a final
report by June 1, 2020. The report should include at a minimum:
■ Project summary with photos of work completed;
■ Results achieved;
Form 101 (Revised 8/2018) Page 1 of 13
Contract No: PR00000817
■ Obstacles/challenges encountered;
■ Maintenance strategy; and
■ Actual budget expenditures.
The COUNTY shall have full ownership and control of all reports, which
includes the right of the COUNTY to use any data and information contained
in such project report in any manner the COLTNTY determines, including but
not limited to case studies or public presentations.
2. Establish a separate accounting mechanism, such as a Project number, activity
number, cost center, or fund that will separate Tree Grant Fund expenditures
from all other ORGANIZATION activities.
3. To ensure compliance with the purpose of this grant, comply with COLJNTY's
request for an audit of Tree Grant Fund Praject activities, revenues, or
expenditures.
AWARD OF GRANT
The COiJNTY shall pay all Tree Grant Funds once work is cflmpleted to the
ORGANIZATION valued not-to-exceed Five Thousand Dollars ($5,000). Receipts may
be submitted throughout the project timeline on a monthly basis for reimbursement.
Incidental expenses such as shipping costs shall be deducted from the final Tree Grant
Fund payment. Subject to verification of adequacy of submitted receipts, the COUNTY
will disburse the requested amount to the Organization within six (6) weeks after the
submission of the receipts. The final request for disbursement must be submitted within
three (3) months of the expiration date of this Agreement.
The COLTNTY, in its sole discretion, through the DEPARTMENT Director, may adjust
the allocation of Tree Grant Funds if actual costs differ in amount from budgeted costs
listed in the Application. Any such adjustment shall be in writing, shall be signed by the
DEPARTMENT Director and the ORGANIZATION and shall be attached hereto as a
supplement. No other terms, conditions or provisions of this Agreement may be changed
except in accordance with regular COUNTY contracting procedures as set forth in
Section 11 of this Agreement.
4. INDEPENDENT CONTRACTOR
ORGANIZATION 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 a partnership or a joint venture between the parties or as constituting
ORGANIZATION as the agent, representative, or employee of the COUNTY for any
purpose. ORGANIZATION is and shall remain an independent contractor for all
services performed under this Agreement. ORGANIZATION shall secure at its own
expense all personnel required in performing services under this Agreement. Any
Form 101 (Revised 8/2018) Page 2 of 13
Contract No: PR00000817
personnel of ORGANIZATION or other persons while engaged in the performance of
any work or services required by ORGANIZATION will have no contractual relationship
with the COUNTY and will not be considered employees of the COUNTY. The
COLTNTY shall not be responsible for any claims related to or on behalf of any of
ORGANIZATION's personnel, including without limitation, claims that arise out of
employment or alleged employment under the Minnesota Unemployment Insurance Law
(Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act
(Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or
federal law, against ORGANIZATION, 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 the COUNTY, including, without limitation, tenure
rights, medical and hospital care, sick and vacation leave, workers' compensation,
unemployment compensation, disability, severance pay, and retirement benefits.
NON-DISCRIMINATION
In accordance with the COUNTY's policies against discrimination, ORGANIZATION
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 subjected to discrimination.
6. [Intentionally Omitted]
7. INDEMNIFICATION
ORGANIZATION shall 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 ORGANIZATION, a
subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose
acts and/or 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 ORGANIZATION 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 employrnent of
ORGANIZATION personnel, the unlawful disclosure and/or use of protected data, or
other noncompliance with the requirements of the provisions set forth herein.
1NSURANCE
A. With respect to the services provided pursuant to this Agreement,
ORGANIZATION shall during its sole expense, procure and maintain insurance
of the types, and in the form and amounts described below from insurer(s)
Form 101 (Revised 8/2018) Page 3 of 13
Contract No: PR00000817
authorized to transact business in the state where services or operations will be
performed by ORGANIZATION. Such insurance and required coverage shall be
in forms acceptable to COLTNTY. The insurance requirements described below
shall be maintained uninterrupted for the duration of this Agreement and beyond
such term when so required, and shall cover ORGANIZATION, and others for
whom and/or to whom ORGANIZATION may be liable, for liabilities in
connection with work performed by or on behalf of COUNTY, its agents,
representatives, employees or contractors. ORGANIZATION is required to have
and keep in force the following minimum insurance coverages, or
ORGANIZATION's actual insurance limits for primary coverage and excess
liability or umbrella policy limits, whichever is greater:
2.
Limits
Commercial General Liability (CGL) on an occurrence
basis with contractual liability coverage (this coverage shall be written on
the most current ISO (Insurance Services Office, Inc.) CGL form or its
equivalent provided XCU (explosion, collapse and underground) is not
excluded):
General Aggregate
Products—Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
Workers' Compensation and Employer's Liability:
Workers' Compensation
If ORGANIZATION is based outside the state of
Minnesota, coverage must comply with Minnesota
law. If ORGANIZATION is a sole proprietor, it is
exempted from the above Workers' Compensation
requirements to the extent provided by Minnesota
law. In the event that ORGANIZATION should
hire employees or subcontract this work,
ORGANIZATION shall obtain the required
insurance.
Employer's Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
$2,000,000
2,000,000
1,500,000
1,500,000
Statutory
500,000
500,000
500,000
Form 101 (Revised 8/2018) Page 4 of 13
Contract No: PR00000817
B. An umbrella or excess policy over primary liability insurance coverages is an
acceptable method to provide the required insurance limits.
Coverage shall not include any exclusion or other
limitations related to:
1. Scope of services;
2. Delays in project completion and cost overruns;
3. Persons or entities authorized to notify the carrier
of a claim or potential claim; or
4. Mold, fungus, asbestos, pollutants or other
hazardous substances.
The above establishes minimum insurance requirements. It is the sole
responsibility of ORGANIZATION to determine the need for and to procure
additional insurance which may be needed in connection with this Agreement.
Upon written request, ORGANIZATION shall promptly submit copias of
insurance policies to the COiJNTY.
ORGANIZATION shall not commence work until it has obtained required
insurance and filed with COLTNTY a properly executed Certificate of Insurance
establishing compliance. The certificate(s) must name Hennepin County as the
certificate holder, and as an additional insured for the commercial general liability
coverage required herein. A self-insured retention (SIR) is not acceptable, unless
expressly agreed to in writing by COtTNTY. The funding of deductibles and self-
insured retentions maintained by ORGANIZATION, if allowed by COUNTY,
shall be the sole responsibility of ORGANIZATION. If the certificate form
contains a certificate holder notification provision, the certificate shall state that
the insurer will endeavor to mail to COUNTI' thirty (30) day prior written notice
in the event of cancellation/termination of any described policies. If
ORGANIZATION receives notice of cancellation/termination from an insurer,
ORGANIZATION shall fax or email a copy of the notice to COLTNTY within two
business days.
ORGANIZATION shall furnish to COiJNTY updated certificates during the term
of this Agreement as insurance policies expire. If ORGANIZATION fails to
furnish proof of insurance coverages, COUNTY may withhold payments and/or
pursue any other right or remedy allowed under contract, law, equity, and/or
statute.
ORGANIZATION's required insurance shall be primary insurance and any
insurance or self-insurance maintained by COUNTY shall be in excess of and
non-contributory with ORGANIZATION'S insurance. ORGANIZATION
waives all rights against COUNTY, its officials, officers, agents, volunteers, and
employees for recovery of damages to the extent that damages are covered by
insurance of ORGANIZATION. If necessary, ORGANIZATION agrees to
Form 101 (Revised 8/2018) Page 5 of 13
Contract No: PR00000817
endorse the required insurance policies to permit waivers of subrogation in favor
of COUNTY.
9. DUTY TO NOTIFY
ORGANIZATION sha11 promptly notify the COUNTY of any claim, action, cause of
action or litigation brought against ORGANIZATION, its employees, officers, agents or
subcontractors, which arises out of the provisions contained in this Agreement.
10. DATA
ORGANIZATION, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall, to the extent applicable, 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 or the
privacy or, confidentiality or security of data, which may include the Health Insurance
Portability and Accountability Act of 1996 and its implementing regulations (HIPAA).
For clarification and not limitation, COUNTY hereby notifies ORGANIZATION that the
requirements of Minnesota Statutes section 13.05, subd. 1 l, apply to this Agreement.
ORGANIZATION shall promptly notify COUNTY if CONTRACTOR becomes aware
of any potential claims, or facts giving rise to such claims, under the MGDPA or other
data or privacy laws. , data security, privacy or confidentiality laws, and shall also
comply with the other requirements of this Section. If ORGANIZATION has access to or
possession/control of Data (as defined in the DEFAULT AND
CANCELLATION/TERMINATION provisions below), ORGANIZATION shall
safeguard and protect the Data in accordance with generally accepted industry standards,
all laws, and all applicable COLTNTY policies, rules and direction. To the extent of any
inconsistency between accepted industry standards and COUNTY policies, rules and
directions, ORGANIZATION shall notify COUNTY of the inconsistency and follow
COLJNTY direction. ORGANIZATION shall immediately notify COUNTY of any
actual or suspected security breach or unauthorized access to Data, then comply with all
responsive directions provided by COUNTY. The foregoing shall not be construed as
eliminating, limiting or otherwise modifying ORGANIZATION's indemnification
obligations herein.
Classification of data, including trade secret data, will be determined pursuant to
applicable law and, accordingly, merely labeling data as"trade secret" by
ORGANIZATION does not necessarily make the data protected as such under any
applicable law.
11. RECORDS — AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, COiTNTY,
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,
Form 101 (Revised 8/2018) Page 6 of 13
Contract No: PR00000817
records, etc., which are pertinent to the accounting practices and procedures of
ORGANIZATION and involve transactions relating to this Agreement.
ORGANIZATION shall maintain these materials and allow access during the period of
this Agreement and for six (6) years after its termination or cancellation.
12. SUCCESSORS. SUBCONTRACTING AND ASSIGNMENTS
A. ORGANIZATION binds itself, its partners, successors, assigns and legal
representatives to the COUNTY for all covenants, agreements and obligations
contained in the contract documents.
B. ORGANIZATION shall not assign, transfer or pledge this Agreement and/or the
services to be performed, whether in whole or in part, nor assign any monies due
or to become due to it without the prior written consent of the COLJNTY. A
consent to assign shall be subject to such conditions and provisions as the
COUNTY may deem necessary, accomplished by execution of a form prepared
by the COUNTY and signed by ORGANIZATION, the assignee and the
COUNTY. Permission to assign, however, shall under no circumstances relieve
ORGANIZATION of its liabilities and obligations under the Agreement.
C. ORGANIZATION shall not subcontract this Agreement and/or the services to be
performed, whether in whole or in part, without the prior written consent of
COUNTY. Permission to subcontract, however, shall under no circumstances
relieve ORGANIZATION of its liabilities and obligations under the Agreement.
Further, ORGANIZATION shall be fully responsible for the acts, omissions, and
failure of its subcontractors in the performance of the specified contractual
services, and of person(s) directly or indirectly employed by subcontractors.
Contracts between ORGANIZATION and each subcontractor shall require that
the subcontractor's services be performed in accordance with this Agreement.
ORGANIZATION shall make contracts between ORGANIZATION and
subcontractors available upon request. For clarification and not limitation of
Section 15Ethe provisions herein, none of the following constitutes assent by
COUNTY to a contract between ORGANIZATION and a subcontractor, or a
waiver or release by COUNTY of ORGANIZATION's full compliance with the
requirements of this Section: (1) COLJNTY's request or lack of request for
contracts between ORGANIZATION and subcontractors; (2) COUNTY's review,
extent of review or lack of review of any such contracts; or (3) COUNTY's
statements or actions or omissions regarding such contracts.
D. ORGANIZATION shall notify the COUNTY in writing if another person/entity
acquires, directly or indirectly, more than 50 percent of the voting power of the
shares entitled to vote for directors of ORGANIZATION. Notice shall be given
within ten (10) days of such acquisition and shall specify the name and business
address of the acquiring person/entity. The COUNTY reserves the right to
require the acquiring person/entity to promptly become a signatory to this
Form 101 (Revised 8/2018) Page 7 of 13
Contract No: PR00000817
Agreement by amendment or other document so as to help assure the full
performance of this Agreement.
13. 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.
ORGANIZATION and/or COUNTY are each bound by its own electronic
signature(s) on this Agreement, and each agrees and accepts the electronic
signature of the other party.
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 including but
not limited to Indemnification, Insurance, Merger and Modification, Default and
Cancellation/Termination or Minnesota Law Governs may not be altered, varied,
modified or waived by any change order, implementation plan, scope of work,
development specification or other development process or document.
14. DEFAULT AND CANCELLATION
A. If ORGANIZATION 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 ORGANIZATION's default is excused by the
COITNTY, the COUNTY may upon written notice immediately cancel this
Agreement in its entirety. Additionally, failure to comply with the terms of this
Agreement shall be just cause for the COLJNTY to delay payrnent until
ORGANIZATION's compliance. In the event of a decision to withhold payrnent,
the COLTNTY shall furnish prior written notice to ORGANIZATION.
B. Upon cancellation or termination of this Agreement, the ORGANIZATION shall
itemize any and all Tree Grant Fund expenditures up to the date of cancellation or
termination and return any Tree Grant Funds not yet expended.
C. For purposes of this subsection, "Data" means any data or information, and any
copies thereof, created by CONTRACTOR or acquired by CONTACTOR from or
through COLTNTY pursuant to this Agreement, including but not limited to
handwriting, typewriting, printing, photocopying, photographing, facsimile
transmitting, and every other means of recording any form of communication or
Form 101 (Revised 8/2018) Page 8 of 13
Contract No: PR00000817
representation, including electronic media, email, letters, works, pictures,
drawings, sounds, videos, or symbols, or combinations thereof.
Upon expiration, cancellation or termination of this Agreement:
1. At the discretion of COUNTY and as specified in writing by the
Contract Administrator, CONTRACTOR shall deliver to the
Contract Administrator all Data so specified by EOiJNTY.
2. COUNTY shall have full ownership and control of all such Data.
If COLTNTY permits CONTRACTOR to retain copies of the Data,
CONTRACTOR shall not, without the prior written consent of
COUNTY or unless required by law, use any of the Data for any
purpose or in any manner whatsoever; shall not assign, license,
loan, sell, copyright, patent and/or transfer any or all of such Data;
and shall not do anything which in the opinion of COUNTY would
affect COUNTY's ownership and/or control of such Data.
3. Except to the extent required by law or as agreed to by COLTNTY,
CONTRACTOR shall not retain any Data that are confidential,
protected, privileged, not public, nonpublic, or private, as those
classifications are determined pursuant to applicable law. In
addition, CONTRACTOR shall, upon COUNTY's request, certify
destruction of any Data so specified by COUNTY.
D Notwithstanding any provision of this Agreement to the contrary,
CONTRACTOR shall remain liable to COLJNTY for damages sustained by
COUNTY by viriue of any breach of this Agreement by CONTRACTOR. Upon
notice to CONTRACTOR of the claimed breach and the amount of the claimed
damage, COUNTY may withhold any payments to CONTRACTOR for the
purpose of set-off until such time as the exact amount of damages due COiJNTY
from CONTRACTOR is determined. Following notice from COLTNTY of the
claimed breach and damage, CONTRACTOR and COUNTY shall attempt to
resolve the dispute in good faith.
E. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement, law, statute, rule, and/or equity.
F. 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.
G. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice.
Form 101 (Revised 8/2018) Page 9 of 13
Contract No: PR00000817
15. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to:
SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT
ORGANIZATION; INDEMNIFICATION; 1NSURANCE; DUTY TO NOTIFY; DATA;
RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; PROMOTIONAL LITERATURE; and
MINNESOTA LAW GOVERNS.
16. CONTRACT ADMINISTRATION
In order to coordinate the services of ORGANIZATION with the activities of the
Hennepin County Environment and Energy so as to accomplish the purposes of this
Agreement, Jennifer Kullgren, Environmentalist, who can be contacted at (612) 59b-1175
at Jen.Kull 7i-en �r;Henne �ii� l.us or successor (Contract Administrator), shall manage this
Agreement on behalf of the COITNTY and serve as liaison between the COiJNTY and
ORGANIZATION.
Jay Strachota, Jstrachgta �ullo��kinsnlil.coin, 952-548-6372, shall immediately give
written notice to the COUNTY of the name, phone number and email address of such
substitute person and of any other subsequent substitute person.
17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. ORGANIZATION shall comply with all applicable federal, state and local
statutes, regulations, rules and ordinances currently in force or later enacted.
B. ORGANIZATION shall comply with all applicable conditions of the specific
referenced grant.
C. ORGANIZATION certifies that it is not prohibited nor has it hired any business
which is prohibited from doing business with either the federal government or the
State of Minnesota as a result of debarment or suspension proceedings.
18. RECYCLING
ORGANIZATION must have or establish a recycling program for at least three
recyclable materials, such as, but not limited to, paper, glass, plastic, and metal.
19. NOTICES
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.
Form 101 (Revised 8/2018) Page 10 of 13
Contract No: PR00000817
Notices to the COLTNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement.
Notice to ORGANIZATION shall be sent to the address stated in the opening paragraph
of the Agreement.
20. MEDIA OUTREACH
ORGANIZATION shall not use the term "Hennepin County", or any derivative thereof
in ORGANIZATION's advertising, external facing communication and/or marketing,
including but not limited to advertisements of any type or form, promotional
ads/literature, client lists and/or any other form of outreach, without the written approval
of the Hennepin County Public Affairs/Communications Department, or their designees.
21. 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.
Form 101 (Revised 8/2018) Page 11 of 13
COUNTY ADMINISTRATOR APPROVAL
Reviewed for COLTNTY by
the County Attorney's Office:
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Reviewed for COLTNTY by:
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{ {userstamp4_es_:signer4:stamp} }
Document Assembled by:
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{ {userstamp 1 _es_: signer 1: stamp } }
{ {Exh_es_:signerl :attachmentlabel("Attachments")} }
Contract No: PR00000817
COUNTY OF HENNEPIN
STATE OF MINNESOTA
:
{ {Sig_es_:signer5:signature} }
{ {userstamp5_es_:signer5:stamp} }
Form 101 (Revised 8/2018) Page 12 of 13
Contract No: PR00000817
ORGANIZATION
ORGANIZATION warrants that the person who executed this Agreement is authorized to do so
on behalf of ORGANIZATION as required by applicable articles, bylaws, resolutions or
ordinances.*
*
:
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* ORGANIZATION represents and warrants that it has submitted to the COUNTY all applicable
documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. Documentation is not required for a sole proprietorship.
of authority. Documentation is not required for a sole proprietorship.
Form 101 (Revised 8/2018) Page 13 of 13
date Proposal to Collect Public Tree Inventory Data for
The City of Hopkins
December 21, 2018
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Rainbow Treecare
Submitted by:
Jeff Hafner
Rainb�w Treecare
11571 K-Tel Drive
Minnetonka, MN 55343
612.290.4779
Undated Proposal to Collect Public Tree Inventory Data for The City of Hopkins
Project Understanding
The emerald ash borer (EAB) threatens the lives of the thousands of ash trees
located in the City of Hopkins (City). The threat of an EAB infestation also brings
attention to the importance of managing all trees growing within a community.
A 2010 Community Tree Survey done by the Department of 1Vatural Resources
estimated more than 45,000 trees growing within maintained areas of the City, with
8,500 of those trees estimated to be ash. That 2010 estimate provides an important
starting point but no distinction was made between public and private trees and it
cannot be relied upon to develop City management strategies or budgets.
In an effort to update the accuracy of the public tree count, the City has asked
Rainbow Treecare (RTC) to submit a proposal to collect an inventory of the public
(ROW and City Property) trees growing within the city limits.
Work Plan
Option 1—Inventory all ash trees growing within the Project Areas: RTC will
collect tree inventory data for public ash trees located within the Project areas.
Option 1 Project Areas:
o City's street right-of-way (ROV1�
o Maintained areas of city parks.
■ Rainbow Treecare will use publically available GIS parcel data as
an indication of the ROW boundaries.
• Specifications of data collected:
o Size: Tree size will be measured on the trunk in inches of diameter at
breast height (DBH). Diameter measurements will be taken 4.5 feet from
the ground.
o Species: Inventoried trees will be identified by the botanical names for
genus and species.
o Condition: All condition ratings will be scored 0-4 using the following
guidelines:
Condition Rating Description
4 No apparent problems
3 Minor problems
2 Major problems
1 Extreme problems
0 Dead
Rainbow Treecare 2
dated Proposal to Collect Public Tree Inventory Data for The City of Hopkins
o Location: The spatial coordinates for each inventoried tree will be
described by latitude and longitude with accuracy within 3 meters.
Option 2—Inventory all trees growing within a city neighborhood: RTC will
collect a complete tree inventory of all trees located within a specific neighborhood,
to be defined by City Staff.
• Option 2 Project Area:
o A specific neighborhood to be defined by City Staff. The number of total
trees to be collected will be determined by available funding remaining
after Option 1 is complete.
� Specifications of data collected:
o Size: Tree size will be measured on the trunk in inches of diameter at
breast height (DBH). Diameter measurements will be taken 4.5 feet from
the ground.
o Species: Inventoried trees will be identified by the botanical names for
genus and species.
o Condition: All condition ratings will be scored 0-4 using the following
guidelines:
Condition Rating Description
4 No apparent problems
3 Minor problems
2 Major problems
1 Extreme problems
0 Dead
o Location: The spatial coordinates for each inventoried tree will be
described by latitude and longitude with accuracy within 3 meters.
Inventory Deliverables
RTC will provide the following deliverables to City staff:
Deliverable 1—Public Ash Tree Inventory Table: RTC will provide a table
of the inventoried public ash trees including the above specifications of data
collected.
Rainbow Treecare 3
Undated Proposal to Collect Public Tree Invent�ry Data for The City of Hopkins
Deliverable 2—Tree Location GIS/GPS Data: RTC can provide this data in
formats including shapefile, Kml, or file geodatabase.
Project Estimates and Limitations
There is currently no accurate way to determine the number of public trees to be
inventoried for this project. It is reasonable to estimate that 10% of the trees in the
2010 DNR survey would be growing in the City ROW or on City property.
RTC is presenting this proposal with a cost per inventoried tree, with an estimate of
approximately 4,500 total trees and 850 ash trees may be counted.
Estimated Schedule
Work on this project will begin after this agreement is fully aligned-upon and
executed. RTC will give estimated completion dates based on current inventory
capacity at the time of agreement execution. This project shall be completed and
final data submitted within any deadlines assigned with grant funding sources.
Statement of Fees
Item Fee $
Cost er inventoried tree located within the Pro'ect areas $ 3.50
Option 1 Estimated Total Cost for Ash Only Inven* ory � 2,975
(assumin 850 ublic ash tree collected)
Option 2 Inventory all t*ees growing within a city � TBD
nei hborhood
Total Pro"ect Estimate not to Exceed without Cit consent) $ 5,000
*The final price will be determined by the number of trees collected.
Rainbow Treecare 4
te Proposal to Collect Public Tree Inventory Data for The City of Hopkins
Signatures
Contractor: Rainbow Treecare
11571 K-Tel Drive
Minnetonka MN 55343
�� �i1.
By: Jeff Hafner
Title: Director of Municipal Consultin�
Dated: 12/21/18
City of Hopkins
By
Title:
Dated:
Option Number(s): _
Estimated Total Cost:
Purchase Order #:
Rainbow Treecare 5