04-25 - 04-07 - Environmental Grant with Hennepin Cty Sunrise Development Resolution 04-25 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
SUNRISE DEVELOPMENT, INC.
WHEREAS, the City applied for an environmental financial grant to the Hennepin
County Department of Environmental Services for Sunrise Development, Inc. on Lot 1,
Block 2, Schaper Addition, as supported in Resolution 03-51, and
WHEREAS, Hennepin County has granted the City $75,281 for proposed
remediation for the Sunrise Development Project, 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 Sunrise
Development on the appropriate expenditure of grant funds.
(:ijinda R. Loomis, Mayor
ATTEST:
Donald G. Ta ity 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 04-25 - Continued April 7, 2004
Contract No.A031953
ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
BETWEEN THE CITY OF GOLDEN VALLEY AND
HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES
This Agreement is made on 10 4 o2 0C by and between the County of Hennepin,State of
Minnesota("County"or"Grantor"at A230b Government Center,Mpls,MN 55487)by and through its Department
of Environmental Services("Department')and the City of Golden Valley,7800 Golden Valley Road,Ides,
Minnesota 55427("Grantee"). 6i lya,1k,l(c7
Grantee has made application to the County for a grant to be used for contaminated soil cleanup at the former White
House Restaurant site,located at 4900 Olson Memorial Highway,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 seventy-five thousand two hundred and eighty-one
dollars($75,281.00)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 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.
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Resolution 04-25 - 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.
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Resolution 04-25 - 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 1,000,000
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 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.
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Resolution 04-25 - 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
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Resolution 04-25 - Continued April 7, 2004
COUNTY BOARD APPROVAL
The City of Golden Valley,having signedlis is agjeement,and the Hennepin County Board of Commissioners having
duly approved this agreement on the IjQ-day ofAJr' ,goo Vand pursuant to such approval,the proper County l�
officials having signed this agreement,the parties hereto agree to be bound by the provisions herein set forth.
ATTEST:
B ' �n _
e uty/Clerk of the County Board Chair of its County Board
Date: `7 ;Z ;Z —0 Y Date: 7 x x —Q
APPROVED AS TO FORM: An
ssistant/Deputy/County Adminis t r
FBy: Date:
Assistant County Atto ey
3
Date: .Zo't 0 y And:
Assistant County A mi istrator,Public Works
and County Engineer
Date:
APPROVED AS TO EXECUTIQN: RECO ED FOR�ROVAL
By: '1/�� By:
Assistant County Attorney
Director _.�.Q Department
Date: / �� Date: e-1 G'4-
CITY OF GOLDEN VALLEY
y 'By:
.,C Z
Its: 111 aCy 0
And:
Its:
City organized under:
StatutoryOption A Option B� Charter
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Resolution 04-25 - Continued April 7, 2004
Exhibit A
City of Golden Valley
Project Summary:
The project site consists of a 2.9-acre parcel of land that was in the past used as a non-permitted dump.
The property is being redeveloped as an assisted living facility for senior citizens. The City of Golden
Valley requests ERF assistance with the cost of remediating contaminated soil. An ERF grant of$75,281
is awarded to the City of Golden Valley 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 the Former White House Restaurant Site:
Hotspot remediation,Contaminated soil disposal,
MPCA oversight. $ 75,281
Total: $ 75,281
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)
E-1