CR 2004-090 Hennepin County Eviromental Response Fund Grant Agreement
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May 25, 2004 HOPKINS Council Report 2004-090
. HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT _
THE LUTHER COMPANY
Proposed Action
Staff recommends adoption of the following motion: Move to approve the
Environmental Response Fund qrant aqreement between the City of Hopkins and
Hennepin County and authorize its execution, subiect to the approval and execution of a
sub-recipient aqreement between the City of Hopkins and The Luther Company.
With this motion the contract will be'executed and forwarded to Hennepin County for
their execution.
Overview
At the requestof The Luther Company, the City of Hopkins applied for and received a
grant award of $105,833.00 through the Hennepin County Environmental Response
Fund. The grantfunds will be used for cleanup of contaminated soil at the former Knox
Lumber site, located at 250 Fifth Avenue South. The clean-up will allow for the site to
be redeveloped into the new location of Hopkins Honda.
The grant agreement details accounting and record keeping requirements,
. disbursement procedures, reporting and other miscellaneous items. As a condition of
receiving the grant funds, staff is recommending The Luther Company be required to
execute a sub-recipient agreement which obligates The Luther Company to fulfill all the
obligations of the grant agreement. .
Primary Issues to Consider
The major obligations of the grant agreement will be passed on to The Luther Company.
They will also be required to indemnify the City of Hopkins of all liability and reimburse
the City of all out-of-pocket expenses incurred.
Supportina Information
. Hennepin County Environmental Response Fund Grant Agreement
. Sub-recipient Agreement
ent Coordinator
Finan iallmpact: $ 0 Budgeted: Y/N Source:
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. Relat d Documents (CIP, ERP, etc.):
Notes:
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. Contract No. A031918
ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
BETWEEN THE CITY OF HOPKINS AND
HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES
This Agreement is made on by and between the County of Hennepin, State of
Minnesota ("County" or "Grantor" at A2300 Government Center, Mpls, MN 55487) by and through its Department
of Environmental Services ("Department") and the City of Hopkins, 1010 1st Street South, Hopkins, Minnesota
55343 ("Grantee").
Grantee has made application to the County for a grant to be used for cleanup of contaminated soil at the former
Knox Lumber site, located at 250 Fifth Avenue South, in Hopkins, which application is incorporated into this
Agreement by reference.
In consideration of the mutual promises set forth below, the parties agree as follows:
1. GRANT AMOUNT AND COMPLETION
The County shall grant to the Grantee a sum not to exceeo one hundred and five thousand eight hundred and thirty
three dollars ($105,833.00) which funds shall be only for expenses incurred in performing activities specified in the
Application and as may be further described in Exhibit A to this Agreement or as approved by County staff.
Approved environmental assessment and risk screening activities as may be described in the application and Exhibit
A are referred to herein as the "Project". Administrative costs incurred by the Grantee are not eligible for
reimbursement via this Agreement.
. Grantee agrees to complete the Project within two (2) years of execution of this Agreement and within the terms
stated herein. Any material change in the scope of the Project, including time schedule and budget, must be
approved in writing by the County. Funds made available pursuant to this Agreement shall be used only for
expenses incurred in performing .such purposes and activities described in the Application and this Agreement.
2. ACCOUNTING AND RECORD KEEPING
For all expenditures of funds made pursuant to this Agreement, the Grantee shall keep financial records including
properly executed contracts, invoices, and other documents sufficient to evidence in: proper detail the nature and
propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting
principles.
Grantee agrees that the County, the State Auditor, or any of their duly 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 the Grantee and involve transactions relating to this Agreement. Such
materials shall be maintained and such access and tights shall be in force and effect during the period of the
Agreement and for six (6) years after its termination or cancellation.
3. P A YMENTIDISBURSMENT SCHEDULE
Grantor will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the
Grantor, submitted by the Grantee and approved by the Grantor. Payment requests can be submitted once per month
and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to
verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the
Grantor will disburse the requested amount to the Grantee within four (4) weeks after receipt of a written
. disbursement request.
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4. REPORTING .
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Grantee shall submit to the Grantor a report on the distributioriof funds and the progress of the Project covered from
the date of the grant award through June 30 of each year. The reportsmtistbereceived by the County no later than
July 25 of each year. The report shall identify specific goals listed in the application and quaniitatlvelyand
qualitatively measure the progress.of such goals. Reporting forms will be provided by the Grantor. 'In addition, the,
required documentation listed in Exhibit A should be supplied as it becomes available;
5. CONTRACTS'
Grantee shall include in any contract, provisions that require contractors to comply with all applicable state and
federal laws and regulations regarding employment and workplace safety. '
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In accordance withHennepin County's policies againsfqiscrimination, no person shall be excluded from full
employment rights 'or 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; and noperson who is protected by applicable Federal or State laws, rules, or regulations against
'discrimination shall be otherwise subjected to discrimination. ' "
Public Grantees and any contractors or subcontractors performing services as part ()fthis Agreementshall follow
that public Grantee's Affirmative Action policy againstdiscrimimltion~ '
6..TERMINA TION, CANCELLATION AND ASSIGNMENT
This Agreement may be canceled by the County upon sixty (60) days written notice to the Grantee without cause. In
the event of su'chcancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or
services satisfactorily performed up to the effective date of such cancellation. ' ,
If the County finds that there has been a failure to comply with 'the provisions of this Agreement, that reasonable .
progress. has not been made towardconimencement or completion of the envimnmentalassessmentand risk
screening activities speCified in the Application and this Agreement, notwithstanding any other pmvisions.ofthis
Agreement to the contrary and after written notice and reasonable opportunity to cure, the County may refuse to
disburse additional funds and/or require the return of all ,or ,part of the funds already disbursed, to the extent such
funds were used for purposes other than acti"ities contemplated by this Agreement.
This Agreement may not be assigned without the prior written consent of th~ County.
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7. INDEPENDENT CONTRACTOR
, The Grantee shall selectthe means, method, and manner of performing the activities herein. Nothing is intended or
should be construed in any manner as creating or establishing the relationship of co-partners between the parties
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hereto or as constituting the Grantee as the agent, representative, or employee of the County for any purpose or in
. any manner whatsoever. The Grantee is tobe and shall remain ari independent.contractor with respect to all services
and activities performed Under this Agreement. Any and all personnel of the Grantee or other persons while
engaged in the performance of any work or services required by the Grantee under this Agreement shall have no
contractual relationship with the County, and shall not be considered employees of the County. Any and all claims
that mayor might arise under the Mmnesota Economic Security Law or the Workers' Compensation Act'ofthe State
of Minnesota on behalf of said personnel, arising .out of employment or alleged employment including without
limitation, claims of discrimination.agatnst the Grantee, its officers, agents, contractors, or employees shall in no
way be the responsibility of the, County. 'The Grantee shall defend, indemnify and holdhaimless the County, its
officiiils, officers, agents, and ,employees ,from any and all such claims irrespective of an.y determination of any
pertinent tribunal, agency, board, commission; or court. Such personnel or other persons shall neither require nor be
entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without
limitation, tenure rights, niedical and hospital care, sick leave, Workers' Compensation, Re-employment .
Compensation, disability, severance pay, and retitementbenefits.
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. 8. INDEMNIFICATION
The Grantee agrees to defend, indenmify and hold harmless, the County, its officials, officers, agents 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 ofthe Grantee, its contractors or
subcontractors or anyone directly orindirectly employed by them, and/or any party that directly or indirectly
benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be
liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of
the Grantee to perform fully, in any respect, all obligations under this Agreement. Notwithstanding any provision of
the Agreement to the contrary, Grantee reserves (and does not hereoy waive) any defenses and/or immunities which
are available to it under applicable statutes or regulations, or at common law.
9. INSURANCE
In order to protect the County and those listed above under the indenmification provision, the Grantee agrees at all
times during the term of this Agreement and beyond such term when so required, to have and keep in force, the
following insurance coverages under either a purchased insurance or under the statutory coverage limits provided
through a self-insurance program:
1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage:
Limits
General Aggregate $1,000,000
Personal and Advertising Injury 1,000,000
Each Occurrence -
Combined Bodily Injury and Property Damage 1,000,000
. 2. Automobile Liability - Combined single limit each occurrence for 1,000,000
bodily injury and property damage covering owned, non-owned, and hired
automobiles.
3. Workers' Compensation and Employer's Liability:
a. Workers' Compensation Statutory
If the contractor is based outside the State of Minnesota,
coverage must apply to Minnesota laws.
b. Employer's Liability. Bodily Injury by:
Accident - Each accident 100,000
Disease - Policy Limit 500,000
Disease - Each Employee 100,000
4. Professional Liability - Per Claim and Aggregate 1,000,000
The insurance must be maintained continuously for a period of two years after the termination of
this Agreement.
Notwithstanding the requirements ofthis Section 9, the Grantee shall require that any independent contractors
rendering assessment and/or clean-up activities under this Agreement furnish certificates of insurance to the Grantee
of the insurance coverages listed above, and provide updated certificates as coverages expire.
The Grantee shall not commence work until it and any contractors have obtained the required proof of insurance
which clearly evidences required insurance coverages.
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, If the GranUie fails t.o furnishpro.of .of insurance c~veragesfr.otit the independent c.ontract.orS, if requested by the .'
C.ounty, the C.ounty may withh.old payments and/or pursue any other rights or remedy allowed under thec.ontract,
law, equity, and/.or statuter'" " . .
1 O.MERGERAND MODIFICA nON
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It is understo.od and agreed that the entire Agreement between the parties is contained herein and thatthis
Agreement supercedes all.oral agreements and neg.otiati.ons between the parties relating t.o the subject matter hereof.
All items referred t.o in this Agreement are inc.orp.orated.or attached and are deemed t.o be part .of this Agreement,
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Any alterations, variati.ons,m.odifications.or waivers of pr.ovisians of this Agreement shall .only be valid whenth~y'
have been reduc~dt.o writing as an amendment ~.o this Agteement signed by the parties here~.o:
11. MINNESOTA LA WSGdVERN
The Laws .of the State .of Minnesota shall g.overn all questions and interpretations c.oncerning the validity and
c.onstructi.on .of this Agreement and the legal relatians between the parties and perfarmance under it. The .,
apprapriatevenue andjurisdictiou'f.or any litigatian hereunder will be th.ose c.ourts l.ocatedwithin the C.ounty.o(
Hennepin, State of Minnes.ota. Litigatian, however, in the federal c.ourts inv.olving the parties will be in the .,
appropriatidederal c.ourt within the. State .of Minnesota: Ifany provisi.on .of this Agreement is held invalid, illegal .or
unenforceable, the remaining provisions willn.ot be affected.
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. COUNTY BOARD APPROVAL.
The City of Hopkins; having signed this agreement, and the Hennepin County Board of Commissioners having duly
approved this agreement on the ~ day of , ~, and pursuant to such approval, the proper County officials
having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth.
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
Assistant/Deputy/County Administrator
By: Date:
Assistant County Attorney
Date: And:
Assistant County Administrator, Public Works
and County Engineer
Date:
. APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant County Attorney
Director, Department
Date: Date:
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CITY OF HOPKINS
By:
Its:
And:
Its:
City organized under:
. Statutory ~ Option A_ Option B_ Charter
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. Exhibit A
City of Hopkins
Proiect Summary:
The project site consists of a 10.4-acre site that was the former location of Knox .Lumber and a prior to
that a Minneapolis Moline factory. Petroleum-related and miscellaneous other contaminants have been
identified in the near-surface soil beneath some of the on-site buildings. The City of Hopkins requests
ERF assistance for asbestos abatement, demolition and soiLremoval. An ERF grant of $1 05,833 is
awarded to the City of Hopkins for soil cleanup.
The following costs are based on a budget submitted by the Grantee. Modifications must be approved in
writing by the Grantor.
Approved Budget for Former Knox Lum~er Site:
Contaminated soil removal and disposal, backfill $ 105.833
Total: $ 105,833
Required Documentation to be Submitted to Hennepin County:
Consultant/Contractor/MPCA Invoices
.Response Action Plan Implementation Report
. Associated MPCA Approval Letters
Annual Project Progress/Summary Report(s)
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