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IV.3. Approval of Hennepin County Environmental Response Fund Grant Agreement for Central Park Improvements; Krzos CITY OF HOPKINS City Council Report 2026-049 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Ryan Krzos, City Planner Date: May 5, 2026 Subject: Approve Hennepin County Environmental Response Fund Grant Agreement for Central Park Improvements _____________________________________________________________________ RECOMMENDED ACTION MOTION TO approve Hennepin County Environmental Response Fund Grant Agreement for grant agreement for Central Park Improvements. OVERVIEW The Hennepin County Environmental Response Fund (ERF) is a grant program which helps reuse contaminated sites where the added cost of environmental cleanup is a barrier to improvements or redevelopment. Projects are evaluated on project need, the risk posed by the contamination and the appropriateness of the cleanup approach, creation or preservation of affordable and/or moderately priced market-rate housing, the fostering of economic development, and the readiness of the project to proceed. The City was notified that we would be receiving $800,000 in funding from the ERF. The funding will be used specifically for regulated soil mitigation and removal associated with the project. This award represents a significant investment, both historically within the program and among this grant cycle’s recipients. The Grant Agreement has been reviewed by the City Attorney. SUPPORTING INFORMATION • Grant Agreement Planning & Development ERF Grant (Revised 04/2025) Grant No. PR00008172 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE “CITY OF HOPKINS” AND HENNEPIN COUNTY ENVIRONMENT AND ENERGY DEPARTMENT This Grant Agreement (“Agreement”) is between the County of Hennepin, State of Minnesota, A2300 Government Center, Minneapolis, MN 55487, on behalf of the Hennepin County Environment and Energy Department, 300 South 6th Street, MC 679, Minneapolis, MN 55487 (“COUNTY”) and CITY OF HOPKINS (“GRANTEE”), a Minnesota municipal corporation, located at 1010 1st Street South, Hopkins, Minnesota, 55343. The parties agree as follows: 1. TERM AND AMOUNT OF GRANT This Agreement shall commence following execution by all parties. GRANTEE shall complete all Grant Requirements, as defined below, and submit all required documentation within two (2) years after Agreement execution, unless this Agreement is terminated earlier in accordance with the provisions herein. In accordance with the provisions herein, COUNTY’s total disbursements to GRANTEE under this Agreement shall not exceed Eight Hundred Thousand Dollars and no/100 ($800,000.00) (“Grant Funds”). 2. GRANT REQUIREMENTS GRANTEE shall complete its Environmental Response Fund project (“Project”) for the cleanup at the Central Park Improvements & Pavillion Expansion project site located at 11100 Excelsior Boulevard, 1600 Main Street, and 101 16th Avenue South in Hopkins, Minnesota, consistent with the Project description and eligible activities listed in Section 23 (“Grant Requirements”). The Grant Requirements are more fully described in GRANTEE’s Project Application on file with COUNTY and incorporated into this Agreement by reference, or as otherwise agreed to by COUNTY in writing. GRANTEE shall submit annual reports on forms provided by COUNTY describing the distribution of funds and the progress of the Project covered from the date of the grant award through June 30 of each year. The reports must be received by COUNTY no later than July 25 of each year. The reports shall identify specific goals listed in the application and quantitatively measure the progress of such goals. In addition, the required documentation listed in Section 24 should be supplied as it becomes available. In addition to the reporting requirements above, within thirty (30) days after COUNTY’s request, GRANTEE shall submit grant progress reports to the COUNTY in the manner directed by COUNTY and which may include summarizing activities and outcomes for the given period, goals, objectives, activities, outcomes, challenges, lessons learned, financial information, and/or administrative/programmatic monitoring descriptions. ERF Grant (Revised 04/2025) All reports provided to COUNTY under this Agreement may be used by both COUNTY and GRANTEE. Neither party may restrict the other party’s use of any report. Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, 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 GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration or termination. 3. GRANT FUNDS DISBURSEMENT As the Grant Requirements are completed, GRANTEE shall invoice COUNTY, on a disbursement request form provided by COUNTY, for allowable costs and payments actually incurred by GRANTEE in performance of the Grant Requirements. GRANTEE shall also submit receipts and other supporting documentation related to the Grant Requirements. Administrative costs incurred by GRANTEE are not eligible for reimbursement. For all expenditures made pursuant to this Agreement, 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. Any material change in the scope of the Project, including time schedule and budget, must be approved in writing by COUNTY to be eligible for reimbursement with Grant Funds. Upon COUNTY’s validation of a disbursement request form and any supporting documentation or certifications, COUNTY shall pay invoiced and validated Grant Funds directly to GRANTEE within six (6) weeks. GRANTEE may submit disbursement requests monthly. The final invoice and all supporting documentation shall be submitted within six (6) months of the expiration of this Agreement. Unless the parties otherwise agree, COUNTY shall have no obligation to reimburse or pay GRANTEE any amount: (i) for any expenditures, costs, or expenses incurred prior to the commencement date stated in Section 1 of this Agreement; or (ii) for any expenditures, costs, or expenses that the COUNTY determines are not directly related to the Grant Requirements. If GRANTEE’s expenditures, costs, and expenses associated with its Project and/or the Grant Requirements exceed the Grant Funds, GRANTEE shall be solely responsible for payment of those amounts without reimbursement by COUNTY. ERF Grant (Revised 04/2025) COUNTY may withhold from any disbursement due to GRANTEE any amount which is due and owing COUNTY under this or any other agreement between the parties due to overpayment or as a result of an audit. 4. PARTY RELATIONSHIP A. GRANTEE shall select the means, method, and manner of performing Grant Requirements. Nothing is intended nor should be construed as creating or establishing any relationship, besides that of grantor and grantee, between the parties. GRANTEE is not COUNTY’s vendor, contractor, agent, representative, or employee for any purpose. GRANTEE shall secure at its own expense all personnel and resources required in completing Grant Requirements under this Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform any activities under this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. B. If GRANTEE enters into any agreement with any entity to provide goods or services related to GRANTEE’s performance of the Grant Requirements, GRANTEE shall memorialize that relationship with a written and duly executed agreement with said entity. That agreement will include, at minimum, the following provisions: (i) Neither GRANTEE nor the engaged entity is acting as agent(s) for the County of Hennepin, State of Minnesota; (ii) The parties expressly agree that the County of Hennepin, State of Minnesota, is not a party to their agreement; (iii) The County of Hennepin, State of Minnesota is not responsible or liable for any duty or obligation under their agreement, including but not limited to paying any amount whatsoever under the agreement; and (iv) Contractors shall comply with all applicable State and Federal laws and regulations regarding employment and workplace safety. 5. NON-DISCRMINATION In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person nor prohibit their participation in or the benefits of any program, service, or activity related to this Agreement on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. 6. AFFIRMATIVE ACTION Intentionally omitted. ERF Grant (Revised 04/2025) 7. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, its subgrantees, contractors, or subcontractors, 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 Grant Requirements in this Agreement, and against all loss by reason of the failure of GRANTEE 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 GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 8. INSURANCE With respect to the activities performed pursuant to this Agreement, GRANTEE shall maintain, or shall require its subgrantees or contractors to maintain, insurance of the types, and in the forms and amounts described below from insurer(s) authorized to transact business in the state where services or operations will be performed. 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 GRANTEE, and others for whom and/or to whom GRANTEE may be liable, for liabilities in connection with activities performed in connection with this Agreement. GRANTEE shall have, or require its subgrantee or contractors, as applicable, to have and keep in force the following minimum insurance coverages or GRANTEE’s actual insurance limits for primary coverage and excess liability or umbrella policy limits, whichever is greater: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence – Combined Bodily Injury and Property Damage 1,500,000 2. Automobile Liability – Combined single limit each occurrence for 2,000,000 bodily injury and property damage covering owned, non-owned, and hired automobiles. 3. Workers' Compensation and Employer's Liability: a. Workers’ Compensation Statutory If GRANTEE is based outside the State of Minnesota, coverage must apply to Minnesota laws. COUNTY will accept self-insurance certificate of GRANTEE if GRANTEE ERF Grant (Revised 04/2025) is self-insured under Minnesota law. b. Employer’s Liability. Bodily Injury by: Accident – Each accident 500,000 Disease – Policy Limit 500,000 Disease – Each Employee 500,000 4. Professional Liability – Per Claim 1,000,000 Aggregate 2,000,000 5. Pollution Liability – GRANTEE shall maintain or cause a project contractor $2,000,000 to maintain pollution liability insurance that does not exclude or limit coverage for mold, fungus, asbestos, pollutants or other hazardous substances and with a minimum aggregate amount of $2,000,000. An umbrella or excess policy is an acceptable method to provide the required commercial general or automobile insurance coverage. Coverage shall not include any exclusion or other limitations related to: (1) Scope of activities under this Agreement; (2) Delays in Project completion and cost overruns; or (3) Persons or entities authorized to notify the carrier of a claim or potential claims. The above establishes minimum insurance requirements. It is the sole responsibility of GRANTEE to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, GRANTEE shall promptly submit copies of insurance policies to COUNTY. GRANTEE alone is required to meet the insurance coverages of this Agreement. GRANTEE may meet these coverages directly through their own insurance policies, through documentation of self-insurance determined acceptable to the County, or through a combination of GRANTEE and contractor or other partner insurance policies. More than one entity or contractor may be used to assist GRANTEE in meeting the required coverages. GRANTEE shall ensure that all of GRANTEE’s subcontractors and subgrantees (i) independently carry insurance appropriate to cover the subcontractors’ and subgrantees’ exposures and that meet or exceed the Required Insurance Coverages set forth in the table above; (ii) are covered under GRANTEE’s policies; or (iii) or both. GRANTEE is responsible for monitoring its subcontractors’ and subgrantee’s proof of insurance to ensure compliance with the foregoing obligations. Copies of certificates of insurance shall be maintained by GRANTEE and shall be supplied to COUNTY upon request. ERF Grant (Revised 04/2025) GRANTEE and their contractors, subcontractors, and subgrantees shall not commence work until they have obtained required insurance. When the insurance is provided by GRANTEE, the certificate(s) must name Hennepin County as the certificate holder and as an additional insured for the commercial general liability coverage(s) and the automobile liability coverages for all operations covered under the Agreement and include the project name and ERF grant number. When the insurance is not provided by GRANTEE, the certificate(s) must name GRANTEE as the certificate holder(s), name GRANTEE and Hennepin County as an additional insured for the commercial general liability coverage(s) for all operations covered under the Agreement and include the project name and ERF grant number. The certificate must also show that the County will receive thirty (30) day prior written notice in the event of cancellation/termination, nonrenewal, or material change in any described policies; however, in the event the insurance carrier will not issue or endorse its policy(s) to comply with the notice provision in the preceding clause, GRANTEE shall assume such notice obligations. If GRANTEE receives notice of cancellation/termination from an insurer, GRANTEE shall email a copy of the notice to COUNTY within two (2) business days. GRANTEE shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If GRANTEE fails to furnish proof of insurance coverages, either upon COUNTY’s request or upon expiration of an existing policy, the County may withhold disbursements and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute. GRANTEE’s or, as applicable, subcontractor(s)’ or subgrantees’ required insurance shall be primary insurance and any insurance or self-insurance maintained by COUNTY shall be in excess of and non-contributory with GRANTEE’s insurance. GRANTEE 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 GRANTEE. If necessary, GRANTEE agrees to endorse the required insurance policies to permit waivers of subrogation in favor of COUNTY. If GRANTEE’s subcontractor(s) or subgrantees independently carry insurance in accordance with the provisions herein, GRANTEE shall have a written agreement with its subcontractor(s) or subgrantee(s) to pass-through all of the foregoing insurance obligations. 9. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, subgrantees, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. ERF Grant (Revised 04/2025) 10. DATA, SYSTEMS, AND INTELLECTUAL PROPERTY A. GRANTEE, its officers, agents, owners, partners, employees, volunteers, subcontractors, and subgrantees 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 law, rules, regulations and orders relating to data or the privacy, confidentiality or security of data. For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. B. Intentionally omitted. C. Intentionally omitted. D. Intentionally omitted. 11. RECORDS, AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 6.551, 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 GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration or termination. 12. SUCCESSORS, SUBCONTRACTING, AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. GRANTEE shall not assign, transfer or pledge this Agreement, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. ERF Grant (Revised 04/2025) C. GRANTEE’s contracts for goods, services, construction, repair and remodeling related to this Agreement shall comply with Minnesota Statutes section 471.425. 13. MERGER, MODIFICATION AND SEVERABILITY 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 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. GRANTEE 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. 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. Notwithstanding the above, and in accordance with Section 2, COUNTY may agree to alterations of the Project that differ from GRANTEE’s application, in writing and without formal amendment to this Agreement. Except as expressly provided, the substantive legal terms contained in this Agreement, including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and 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. Upon approval by COUNTY, the term of this Agreement may be extended for up to twelve (12) months by amendment. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 14. DEFAULT AND TERMINATION A. This Agreement automatically terminates upon expiration as stated in Section 1, or within sixty (60) days of issuance of final disbursement of Grant Funds on GRANTEE’s final disbursement request, whichever is earlier. B. This Agreement may be terminated by the COUNTY upon sixty (60) days written notice to GRANTEE with or without cause. In the event of such termination, GRANTEE shall be entitled to disbursement of Grant Funds, determined on a pro rata basis, for Grant Requirements satisfactorily performed up to the effective date of such termination and duly invoiced and approved by COUNTY. C. COUNTY may immediately terminate this Agreement if GRANTEE, or any GRANTEE directors, employees, or other personnel are convicted of a criminal offense relating to any COUNTY, State of Minnesota, or federal grant. Additionally, if COUNTY finds that there has been a violation of any state, ERF Grant (Revised 04/2025) federal, or local law, COUNTY may upon written notice immediately terminate this Agreement in its entirety and may withhold or delay disbursement of Grant Funds. In the event of a decision to withhold or delay disbursement, COUNTY shall furnish prior written notice to GRANTEE specifically identifying the reason for withholding or delaying such disbursement. D. If COUNTY finds GRANTEE has failed to comply with the provisions of this Agreement, that reasonable progress has not been made toward commencement or completion of the Project, notwithstanding any other provisions of this Agreement to the contrary, and after written notice and reasonable opportunity to cure, COUNTY may refuse to disburse additional Grant Funds and/or require the return of all or part of the Grant Funds already disbursed, to the extent such Grant Funds were used for purposes other than the Grant Requirements contemplated by this Agreement. E. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. F. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. 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. If this Agreement expires or is terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any Grant Funds except for reimbursements duly invoiced for completed Grant Requirements pursuant to this Agreement. H. GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term or termination of this Agreement do survive such term or termination. Such provisions include but are not limited to: PARTY RELATIONSHIP; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA, SYSTEMS, AND INTELLECTUAL PROPERTY; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. ERF Grant (Revised 04/2025) 16. GRANT MANAGER Michael Torres or successor, (“Grant Manager”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Ryan Krzos 952-548-6342 shall manage the Agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email (if available) of such substitute person and of any other subsequent substitute person. 17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable law, conditions of any funding sources, regulations, rules and ordinances currently in force or later enacted. This includes, but is not limited to, Minnesota Pollution Control Agency (MPCA) guidelines, best management practices, and/or instructions. B. Intentionally omitted. 18. 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. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the addresses given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 19. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict or potential 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 GRANTEE, GRANTEE shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. A conflict or potential conflict may, in COUNTY’s discretion, be cause for termination of this Agreement. 20. MEDIA OUTREACH GRANTEE shall acknowledge the financial assistance provided by COUNTY in promotional materials, press releases, reports and publications relating to the Project ERF Grant (Revised 04/2025) activities described in Section 18 which are funded in whole or in part with Grant Funds. The acknowledgment shall contain the following language: Financing for this project was provided in part by the Hennepin County Environmental Response Fund. Until the Grant Requirements funded by this Agreement are completed, GRANTEE shall ensure the above acknowledgment language, or alterative language approved COUNTY, is included on all signs located at the Project or construction sites that identify Project funding partners or entities providing financial support for the Project. Until the Grant Requirements are completed and for one year after that date, GRANTEE shall provide advance notice to COUNTY, including an invitation to the appropriate County Commissioner’s office, of any public events related to the Project. 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. 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. 22. PERSONAL PROPERTY TAX, PROPERTY TAX, AND INCOME TAX A. In any agreements with subcontractors/subgrantees under this Agreement, GRANTEE shall require such subcontractors and subgrantees to affirm that those entities have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for all taxes owed on or before the date of the execution of their agreement with GRANTEE. If COUNTY finds that property taxes have not been paid by any subgrantee or subcontractor receiving Grant Funds, COUNTY may refuse to disburse Grant Funds. This section shall not apply to any property taxes that a subgrantee or subcontractor is contesting in good faith, the existence, amount, or validity thereof, or the extent of its liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent the collection of the real or personal property tax so contested. 23. PROJECT DESCRIPTION AND ELIGIBLE ACTIVITIES The project site is currently occupied by a city municipal park, athletic fields, and an ice arena. Historically, the site was the Hennepin County fairgrounds and an unregulated landfill in the 1960s. Contamination consisting of petroleum, Polycyclic Aromatic Hydrocarbons, and metals in the soil and groundwater are present above established criteria. The proposed development will create additional park amenities including new ERF Grant (Revised 04/2025) athletic fields, expanded pavilion, and improved stormwater resiliency and flood mitigation features. GRANTEE has been awarded Grant Funds under this Agreement for contaminated soil management, transport, and disposal; installation of clean fill where required by the Response Action Plan (RAP); associated consulting activities; and associated MPCA fees in accordance with the budget submitted by GRANTEE in its Application. Modifications to eligible activities and costs must be requested in writing by the GRANTEE and approved of in writing by COUNTY. 24. REQUIRED DOCUMENTATION AND SUBMITTALS Requests for the Grant Funds must be submitted to COUNTY on a COUNTY-approved disbursement form with the following supporting documentation: • Annual progress summary reports that describe project status, percent of work completed, and remaining tasks and schedule. • RAP Implementation Reports. • Consultant and contractor invoices, including associated subcontracted services invoices and expense documentation. Documentation shall include the date(s) of service(s) covered by the invoice, unit rates, quantities, and markups. Subcontractor markups are limited to 10% or less. • Contaminated and regulated soil disposal documentation. Documentation shall include proof of unit rates, copies of manifests at a rate of one manifest per truck per load, copies of weight or load tickets, and a summary spreadsheet matching manifest numbers to weight or load tickets and final weights. • Clean fill documentation by volume in cubic yards. • MPCA approval letters. • MPCA invoices. 25. USE OF ERF GRANT AS A LOAN The Grant Funds awarded under this Agreement to GRANTEE may not be disbursed by GRANTEE to any entity as a loan without prior written agreement by COUNTY. The Remainder Of This Page Was Intentionally Left Blank ERF Grant (Revised 04/2025) COUNTY ADMINISTRATOR APPROVAL Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer2:signature}} {{userstamp2_es_:signer2:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} ERF Grant (Revised 04/2025) GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: _________________________ Brian Hunke Mayor Pro Tempore Date: _____________ _________________________ Mike Mornson City Manager Date: _____________ *GRANTEE represents and warrants that it has submitted to 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.