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04-24 - 04-07 - Environmental Grant Agreement 2002 PMP Meadow Lane Resolution 04-24 April 7, 2004 Member Tremere introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN ENVIRONMENTAL FUND GRANT AGREEMENT WITH HENNEPIN COUNTY FOR 2002 PAVEMENT MANAGEMENT PROJECT - MEADOW LANE AREA NORTH SUNNYRIDGE LANE WHEREAS, the City applied for an environmental financial grant to the Hennepin County Department of Environmental Services for assessment of lead contaminated soils in the right-of-way of Sunnyridge Lane which was reconstructed as part of the 2002 Pavement Management Program - Meadow Lane Area North as supported in Resolution 03-49; and, WHEREAS, Hennepin County has granted the City $26,901 for proposed assessment, and requires the City to enter into a grant agreement as attached hereto as Exhibit A in order to receive funds. BE IT RESOLVED that the City Council of the City of Golden Valley authorizes appropriate city officials to execute the attached agreement and work with Hennepin County on the appropriate expenditure of grant funds. Linda R. Loomis, Mayor ATTEST: Donald G. Tay! y Clerk The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 04-24 - Continued April 7, 2004 Contract No.A031921 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This Agreement is made on -,�k/4 go 0 by and between the County of Hennepin,State of � C_ Minnesota("County"or"Grantor"at A2300 Government Center,Mp1s,MN 55487)by and through its Department of Environmental Services("Department")and the City of Golden Valley,7800 Golden Valley Road, , Minnesota 55427("Grantee"). 1sol ,v. Vc,�`P7 Grantee has made application to the County for a grant to be used for environmental assessment of potentially contaminated soil encountered during a City of Golden Valley paving project,located in the right-of-way adjacent to 220-303 Sunnyridge Lane,in Golden Valley,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 exceed twenty-six thousand nine hundred and one dollars ($26,901.00)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 one(1)year 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 rights shall be in force and effect during the period of the Agreement and for six(6)years after its termination or cancellation. 3. PAYMENT/DISBURSMENT 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. 1 Resolution 04-24 - Continued April 7, 2004 4. REPORTING Grantee shall submit to the Grantor a report on 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 the County no later than July 25 of each year. The report shall identify specific goals listed in the application and quantitatively and 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. In accordance with Hennepin County's policies against discrimination,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 no person 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 of this Agreement shall follow that public Grantee's Affirmative Action policy against discrimination. 6. TERMINATION,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 such cancellation,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 toward commencement or completion of the environmental assessment and risk screening activities specified in the Application and this Agreement,notwithstanding any other provisions of this 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 activities contemplated by this Agreement. This Agreement may not be assigned without the prior written consent of the County. 7. INDEPENDENT CONTRACTOR The Grantee shall select the 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 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 to be and shall remain an 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 may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel,arising out of employment or alleged employment including without limitation,claims of discrimination against the Grantee,its officers,agents,contractors,or employees shall in no way be the responsibility of the County. The Grantee shall defend,indemnify and hold harmless the County,its officials,officers,agents,and employees from any and all such claims irrespective of any 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,medical and hospital care,sick leave,Workers' Compensation,Re-employment Compensation,disability,severance pay,and retirement benefits. 2 i Resolution 04-24 - Continued April 7, 2004 8.INDEMNIFICATION The Grantee agrees to defend,indemnify 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 of the Grantee,its contractors or subcontractors or anyone directly or indirectly 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 hereby 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 indemnification 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 Products-Completed Operations Aggregate 1,0009000 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 of this 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. 3 Resolution 04-24 - Continued April 7, 2004 If the Grantee fails to furnish proof of insurance coverages from the independent contractors,if requested by the County,the County may withhold payments and/or pursue any other rights or remedy allowed under the contract, law,equity,and/or statute. 10. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 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 hereto. 11. 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 performance under it. The appropriate venue and jurisdiction for any litigation hereunder 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. The Remainder Of This Page Was Intentionally Left Blank 4 Resolution 04-24 - Continued April 7, 2004 COUNTY BOARD APPROVAL The City of Golden Valley,having signed is ag ement,and the Hennepin County Board of Commissioners having /+ duly approved this agreement on the-w—day of &0,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. ATTES �.'; 4 By: By: Depu CI rk of the County Board Chair of its County Board Date: T y 9 2 C / Date: I —2 -Z APPROVED AS TO FORM: And:.4a� '4 Z���� As stant/Deputyu/County Adm' �s for By: Date: 7 Assistant County Attorne 6 Date: /�'t/GY And: Assistant County inistrator,Public Works and County Engineer Date: APPROVED AS TO EXECUTION: RECO DED FOR APPROVAL By: / JJC�f7 By:,/ Assistant County Attorney _ (� Director Department Date: —� 7 Date:,4-1—C4— CITY OF GOLDEN VALLEY T , By: Its: ))16 y U r' And: w - Its: �i f 6� 111C1Itl�!)r✓ '� City organized under: StatutoryOption A Option B Charter 5 Resolution 04-24 - Continued April 7, 2004 Exhibit A City of Golden Valley Project Summary; The project site consists of a road right-of-way and some adjoining residences. Battery casings were discovered beneath the pavement and boulevard during a repaving project. The City of Golden Valley requests ERF assistance for subsurface investigation to evaluate the extent of contamination. An ERF grant of$26,901 is awarded to the City of Golden Valley for subsurface investigation. The following costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Budget for Sunnyridge Lane Site: Phase II Investigation and RAP development $ 26,901 Total: $ 26,901 Required Documentation to be Submitted to Hennepin County_ Consultant/Contractor/MPCA Invoices Phase II Report Response Action Plan Associated MPCA Approval Letters Annual Project Progress/Summary Report(s) E-1