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HomeMy WebLinkAbout2006 08-14 EDAP EDA MEETING City of Brooklyn Center August 14, 2006 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items axe considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes —Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 8, 2006 Regular Session 4. Commission Consideration Items a. Resolution Approving Environmental Response Fund Grant Agreement Between the Brooklyn Center Economic Development Authority (EDA) and Hennepin County Department of Environmental Services. •Requested Commission Action: —Motion to adopt resolution. b. Resolution Approving Agreement Between the Brooklyn Center Economic Development Authority and Tetra Tech EM, Inc. Regarding Work to be Performed Pursuant to Hennepin County Environmental Response Fund Grant Agreement •Requested Commission Action: —Motion to adopt resolution. 5. Adjournment EDA Agenda Item No. 3a r i MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 8, 2006 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session and was called to order at 8:42 p.m. by President Myrna Kragness. 2. ROLL CALL President Myrna Kragness, Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present: Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffinan, City Attorney Chaxlie LeFevere, and Deputy City Clerk Camille Worley. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Carmody seconded to approve the agenda and consent agenda and the following item was approved as amended: 1. April 24, 2006 Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2006-08 AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR REDEVELOPMENT WITHIN TAX INCREMENT DISTRICT NO. 3(1501 JAMES CIRCLE NORTI� Executive Director Michael McCauley explained the purpose of the acquisition is to provide the City Council with an option when it comes to the use of the property. He explained that the Cracker Barrel is currently for sale and that the property may or may not be acquired by a user that would be tax exempt. He stated the question is if the EDA wants to acquire the property to have control over its use and taxability. Community Development Directar Brad Hoffman stated inquiries regarding the property have been received within the Opportunity Site, the latest being a month ago from a church, which would be a tax exempt use. OS/08/06 1 DRAFT lud' easements and r etention The EDA and staff discussed the property and its panc�ulars inc mg ponds. Commissioner Carmody stated concern that if the City were to purchase the property, it would be responsible for the ongoing property maintenance, even after the property is resold. Mr. Hoffman responded that once the City sells the property, it would no longer be responsible for the maintenance of the property. Mr. McCauley explained that general maintenance would no longer be the responsibility of the City once the property is resold; however, the City always has a certain level of liability for all stormwater retention ponds, per federal guidelines. Commissioner Lasman moved and Commissioner Carmody seconded to adopt RESOLUTION NO. 2006-02 Authorizing the Acquisition of Real Property for Redevelopment Within Tax Increment District No. 3(1501 James Circle North). i Commissioner Lasman stated acquisition of the property gives the City the best control of its future use. Comrnissioner Niesen stated her opposition to the City purchasing the property and taking over the tax payments. She stated she felt that the market should be allowed to work and noted that City Manager Michael McCauley sta.ted the City had received only on inquiry on church zoning and that the EDA Director confirmed no further contact with this person had occurred. Mr. McCaule stated $67,000 is bein aid as t�es on the property annually and would continue Y gP as long as the property is not placed in tax exempt status. President Kragness stated it is important to acquire the property to protect the taxes going to the school district. 'The EDA discussed the property taxes and previous situations. Commissioners O' Connor and Niesen voted against the same. Motion passed. S. ADJOURNMENT Commissioner Carmody moved and Commissioner Niesen seconded adjournment of the meeting at 8:46 p.m. Motion passed unanimously. President DRAFT OS/08/06 2 I EDA Agenda Item No. 4a MEMORANDUM TO: Curt Boganey, Interim City Manager FROM: Tom Bublitz, Community Development Specialist DATE: August 9, 2006 SUBJECT: Resolution Approving Environmental Response Fund Grant Agreement Between the Brooklyn Center Economic Development Authority (EDA) and Hennepin County Department of Environmental Services In April, 2006 the EDA authorized an application to the County's ERF program to conduct additional environmental investigation on the Logan and 57 Redevelopment Site to address Minnesota Pollution Control Agency (MPCA) concerns. The ERF has awarded the EDA a $68,621 grant to perform additional environmental investigation of the site. Public agencies receiving ERF grants are required to execute an Environmental Response Fund Grant Agreement. This agreement is the County's standard agreement for all public agencies receiving ERF grants and is presented for EDA consideration. The $68,621 ERF grant does not require any local matching funds. The purpose of the ERF grant is to conduct additional environmental investigation of the site, pursuant to MPCA directives as part of the EDA's participation in the MPCA's Voluntary Investigation and Cleanup (VIC) program. The VIC program was established in the 1980's to encourage cleanup of contaminated property, in part, by providing liability protection for property owners developing contaminated property who could becor�e liable for the cleanup even though they were not originally responsible for the contamination. Under VIC, the MPCA guides and approves environmental investigation and cleanup activities, with the tradeoff being the property owner becomes eligible for certain liability assurance, as they proceed through investigation, cleanup and development activities. A summary of the proposed environmental investigation activities is as follows: ON SITE WORK Assessments of soils on site to determine if contaminant concentrations in soils present risks in the form of contaminant impacts to ground water or as soil vapor. Install permanent monitoring wells (permanent describes the type of monitoring well installed and does not mean wells will be on site permanently) to assess contaminant concentrations over a several month period. OFF SITE WORK Conduct a water well receptor survey at residences located within approximately 300 ft. of the boundaries of the ground water contamination plume and conduct a 3-2-04 Page 1 door to door survey of households located near the site to determine the presence of water wells. Collect ground water samples at selected locations for laboratory analysis of VOC's and collect quarterly ground water samples from one permanent ground water monitoring well located within the ground water contaminant plume for laboratory analysis of VOC's. The purpose of the ground water sampling is to confirm a stable or decreasing contaminant trend. Conduct a public meeting (with possible MPCA and Minnesota Department of Health involvement) to discuss potential public health concerns and proposed assessment activities with area residents and develop a site survey that will include detailed interviews with property owners and visual observations of residential structures for indications of potential vapor entry points. Conduct a demonstration survey and sub slab vapor assessment [vapor samples taken directly beneath the basement slab] in accordance with MPCA guidelines at a selected residence in the plume area. Conduct site surveys for three additional residential structures located in the plume area and install temporary sampling ports and conduct sub slab vapor sampling. The goal of the work proposed in the ERF contract is to obtain additional environmental data to request a No Action letter, or equivalent assurance, from the MPCA for as many contamination categories as possible including groundwater, soil and soil vapors both on and off site. A No Action letter or equivalent determination is an administrative procedure of the MPCA used to provide a level of liability from future enforcement actions when: No contamination has been detected (after Phase II) and use of property would not contribute to contamination. Contamination has been detected but levels are deemed low enough as to not require cleanup. Property has been remediated as per MPCA approved cleanup plan and the MPCA has determined no further cleanup is necessary. Hennepin County requires the EDA execute an Environmental Response Fund Grant Agreement between the EDA and Hennepin County Department of Environmental Services. The terms and conditions of the County ERF Agreement are identical to those in previous ERF Agreements approved by the EDA. A copy of the ERF Agreement is included with this memorandum. As indicated previously, the grant does not require any matching funds from the city or EDA. Due to the generic nature of these agreements, the City of Brooklyn Center is listed in the title of the agreement. The first paragraph of the agreement specifies that the agreement is with the EDA as intended. A copy of the Resolution Approving Environmental Response Fund Grant Agreement Between the Brooklyn Center Economic Development Authority (EDA) and Hennepin County Department of Environmental Services is included with this memorandum. 3-2-04 Page 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN TH E BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA) AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES WHEREAS, THE Brooklyn Center Economic Development Authority (EDA) adopted Resolution No. 2006-57 Approving an Application to the Hennepin County Environmental Response Fund for an Environmental Site Assessment at the Logan and 57 Redevelopment Site in Brooklyn Center; and WHEREAS, the Hennepin County Board of Commissioners has approved the EDA's Environmental Response Fund Grant Application and has awarded $68,621 to the EDA for Assessment work at the shopping center site; and WHEREAS, the EDA is required to execute an Environmental Response Fund Grant Agreement between the EDA and Hennepin County Department of Environmental Services to receive the Environmental Response Fund Grant award; and WHEREAS, an Environmental Response Fund Grant Agreement between the EDA and Hennepin County Department of Environmental Services has been prepared by Hennepin County for execution by the EDA; and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Brooklyn Center, Minnesota that the Environmental Response Fund Grant Agreement Contract Number A061054 between the EDA and Hennepin County Department of Environmental Services is hereby approved and the EDA President and Executive Director are hereby authorized to execute the agreement. Au�ust 14. 2006 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Contract No. A061054 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This A�eement is made on by and between the County of Hennepin, State of Minnesota ("County" or "Grantor" at A?300 Government Center, Mpls, MN 55487) by and through its Department of Environmental Services ("Department") and the City of Brooklyn Center Economic Development Authority, 6301 Shingle Creek Parkway, Brooklyn center, MN 5�430 ("Grantee"). Grantee has made application to the County for a grant to be used for assessment of contamination at the Logan and 57`i' Redevelopment Site in the vicinity of 1910-2000 57�' Avenue North, in Brooklyn Center, 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 Sixty Eight Thousand Six Hundred and Twenty One Dollars 68,621.00) which funds shall be only for expenses incurred in performing activities specified in the Application and as may be fuc described in Exhibit A to this Agreement or as approved by County staff. Approved assessment and/or clean-up 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 A�reement. Grantee ab ees 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, includin� 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 erpenditures. 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 proeedures 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 A;reement 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 supportin; 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. r 1 4. REPORTING Grantee shall submit to the Grantor a report on the distribution of funds and the pro� ess of the Project covered from the date of the �ant 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 Attachment 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, Grantee agrees that it shall not exclude any person 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 no�-discrimination policy. 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 assessment and/or clean-up activities specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the contrary and after written notice and reasonable opporiunity 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 a;ainst 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. 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 attomey's fees, resulting directly or indirectly from any act or omission of the Grantee, its contractors or that directl or indirectl r an one directl or indirectl em lo ed b them and/or an Y subcontractors o y y y p y y y P�Y Y 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 A�eement and against all loss by reason of the failure of the Grantee to perform fully, in any respect, all obligations under this Agreement. 9. INSURANCE In order to protect the County and those listed above under the indemnification provision, the Grantee a�ees at all times during the term of this Agreement and beyond such term when so required, to have and keep ar cause to have and be kept in force, and to cause all contractors to do likewise, the following insurance coverages under either a purchased insurance or self-insurance program: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Agb egate $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 dama�e coverin� 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. 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. An umbrella or excess policy over primary liability covera�es is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the County upon written request. 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 I a oun the Coun ma withhold a ents If the Grantee fails to furnish roof covera es if re uested b the C P Ym P q Y tY> tY Y 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 a�eed that the entire Ab eement between the parties is contained herein and that this Agreement supercedes all oral a�eements and negotiations between the parties relating to the subject matter hereof. All items refened to in this A�reement are inco orated or attached and are deemed to be part of this Agreement. o Any alterations, variations, modifications or waivers of provisions of this Ab eement shall only be valid when they have been reduced to writing as an amendment to this Ab eement si�ed by the parties hereto. 11. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govem all questions and interpretations concerning the validity and construction of this Ab eement 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 I 4 COUNTY BOARD APPROVAL GRANTEE, havin� signed this agreement, and the Hennepin County Board of Commissioners having duly approved this a�eement on the of 2006, 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. Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: Date: ATTEST: Deputy/Clerk of County Board And: AssistandDeputy/County Administrator B Assistant County Administrator, Pubiic Works Date: Recommended for Approval B Director, Department of Environmental Services Date: CRANTEE The Grantee certifies that the person who executed this Agreement is authorized to do so on behalf of the Grantee as required by applicable articles, bylaws, resolutions or ordinances.* Name: CITY OF BROOKLYN CENTER EDA B Date: By: Date: *GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confums the signatory's delegation of authority. This documentation shall be submitted at the time Grantee returns the Agreement to the County. Documentation is not required for a sole proprietorship. Exhibit A Ci of Brookl n Center EDA tY Y Proiect Summarv: The project site is 8.49 acres in size and is the former location of the Hmong American Shopping Center, which has now been demolished. The EDA acquired the property through eminent domain and is soliciting redevelopment proposals with an RFP developed by a citizen advisory group. Soil and ground water contamination exists at the site as a result of past petroleum and dry-cleaning solvent releases. The applicant requests ERF assistance to evaluate the extent of contamination and whether vapors from the contaminated b oundwater have migrated into neighboring residences. This project previously received funding for preliminary assessment activities from Hennepin County's U.S. EPA Suburban Brownfields Assessment Grant ($27,000) and the ERF ($97,000). The following costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Budget for Logan and �7 Redevelopment Site: Environmental assessment and monitoring 62,621 MPCA VIC Program costs 6.000 Total: 68,621 Reauired Documentation to be Submitted to Henneoin Countv: Consultant/Contractor/MPCA Invoices Environmental Assessment Report RAP MPCA Approval Letters Annual Project Progress/Summary Report(s). I E-1 EDA Agenda Item No. 4b i MEMORANDUM TO: Curt Boganey, Interim City Manager ni Develo ment S ecialist FROM: Tom Bublrtz, Commu ty p p l�� DATE: August 1, 2006 SUBJECT: Resolution Approving Agreement Between the Brooklyn Center Economic Development Authority and Tetra Tech EM, Inc. Regarding Work to be Performed Pursuant to Hennepin County Environmental Response Fund Grant Agreement. The Environmental Response Fund (ERF) Grant Agreement between the Economic Development Authority (EDA) and Hennepin County, relative to the $68,621 ERF grant award, requires that any contractor performing work for the EDA under the ERF grant agreement must comply with the same terms and conditions established by the County for the EDA. The resolution included with this memorandum would approve an agreement between Tetra Tech EM, Inc., which mirrors the terms and conditions of the ERF agreement between the EDA and Hennepin County. A copy of the agreement between the EDA and Tetra Tech EM is included with this memorandum. It should be noted the EDA approved a contract with Tetra Tech EM in April 2006. The purpose of the Apri12006 contract was to allow the EDA to continue to make progress on the environmental investigation of the site while the EDA's ERF grant request was in process and because the ERF funds would not be available until late August 2006. It essentially allowed Tetra Tech EM to continue work on the project with the expectation that ERF funds would help fund the costs when the ERF funds become available in August. In between the time the EDA submitted the ERF grant application for $68,621 on May l the MPCA began introduction of a new Soil Vapor Intrusion Program. This new program is intended to address the migration of volatile organic compounds [VOC's], most often solvents, from subsurface areas into overlying buildings. The Soil Vapor Intrusion Program, along with additional MPCA directives, resulted in increased costs in excess of the $68,621 ERF grant award. The cost estimate for the revised work plan is $102,500 for the environmental investigation and $6,000 for MPCA review and oversight. With the Tetra Tech EM contract already executed in April for $68,621 and the ERF ant award of 68 621 the increased cost of the revised work lan can be p addressed with the existing contract with Tetra Tech EM and ERF grant award. The work undertaken b Tetra Tech EM Inc. is contained in the work lan to be Y p approved by the Minnesota Pollution Control Agency (MPCA) This is a revision of the work plan submitted to the MPCA in Apri12006. MPCA staff has informed City staff the revised work plan has been approved The work plan is summarized in the preceding EDA agenda item memorandum. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT BETWEEN THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY AND TETRA TECH EM, INC. REGARDING WORK TO BE PERFORMED PURSUANT TO HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT WHEREAS, the Environmental Response Fund Grant Agreement between the Brooklyn Center Economic Development Authority (EDA) and Hennepin County Department of Environmental Services (ERF Agreement) provides grant funds not to exceed $68,621 to be used for environmental assessment activities relative to the Logan and 57 Redevelopment Site in Brooklyn Center; and WHEREAS, the ERF Agreement between the EDA and Hennepin County requires that contractors or subcontractors performing work pursuant to the ERF Agreement must meet certain requirements and obligations described in the ERF Agreement; and WHEREAS, the EDA believes it is in the best interest of the EDA and City of Brooklyn Center to retain Tetra Tech EM, Inc. to continue the environmental investigation of the Logan and 57�' site; and WHEREAS, an agreement between the EDA and Tetra Tech EM, Inc. has been prepared and sets forth the obligations of the EDA (grantee) and Contractor relative to the requirements of the ERF Agreement; and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority for the City of Brooklyn Center, Minnesota that the agreement between the Brooklyn Center EDA and Tetra Tech EM, Inc. regarding work to be performed pursuant to Hennepin County Environmental Response Fund Agreement Contract No. A061054 is hereby approved and the EDA Executive Director is authorized to execute the agreement on behalf of the EDA. Au�ust 14. 2006 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT BETWEEN EDA OF BROOKLYN CENTER AND TETRA TECH EM, INC. REGARDING WORK TO BE PERFORMED PURSUANT TO HENNEPIN COUNTY ENVIRONMENTAL GRANT AGREEMENT CONTRACT NO. A061054 This Agreement, made as of the 14th day of August 2006, by and between the Economic Development Authority of Brooklyn Center, (the "EDA"), and Tetra Tech EM, Inc. (the "Contractor"), Whereas, the EDA has entered into an Envirorunental Response Fund Grant Agreement (ERF Agreement Contract No. A061054) with the Hennepin County Department of Environmental Services; and Whereas, the ERF Agreement specifies that the County shall grant to the EDA a sum not to exceed $68,621, which funds shall be only for expenses incurred in performing activities specified in the EDA's Environmental Response Fund Grant Application for approved assessment activities as may be described in the application and referred to herein as the "Project"; and Whereas, the EDA desires to enter into an Agreement with Tetra Tech EM, Inc. for the performance of work pursuant to the Project. Now therefore, in consideration of the Premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Section 1.1 REPRESENTATIONS AND WARRANTIES OF THE EDA. 1. The EDA is a pubic body corporate and politic and a governmental subdivision of the State, duly organized and existing under Minnesota Statutes, Sections 469.01- 047 and 469.040-1081 as amended and has the authority to enter into this Agreement and carry out its obligations hereunder. 2. The EDA has entered into the Environmental Response Fund Grant Agreement with the Hennepin County Department of Environmental Services (ERF Agreement) a copy of which is included as Exhibit 1 to this Agreement and which is hereby made part of this Agreement as if fully set forth herein. 3. The EDA will carry out the provisions and requirements of the ERF Agreement with regard to its obligations set forth in the ERF Agreement including participation in the MPCA VIC Program as per the ERF Agreement. Section 2.2 REPRESENTATIONS OF THE CONTR.ACTOR., Tetra Tech (the Contractor) makes the following representations and warranties. 1. The Contractor will undertake the approved assessment activities described in the O Hennepin County ERF Agreement and referred to in the ERF Agreement and this Agreement as "the Project" pursuant to the Contractor's Work Plan for Additional Contamination Assessment Logan and 57 Redevelopment Site included as Exhibit Page 1 2 to this Agreement. Contractor agrees to begin, the Project within 15 days of recei and within the tenns stated herein. 2. The Contractar will keep and provide to the EDA, financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures relative to the Project, and agrees to comply with the requirements of Section 2 ACCOLTNTING AND RECORDKEEPING, contained in the ERF Agreement. 3. The Contractor agrees to provide completed payment request forms, provided by Hennepin County, including supporting invoices as described in Section 3 PAYMENT/DISBURSEMENT SCHEDULE, in the ERF Agreement so that the EDA can submit payment requests to Hennepin County for payments made to the Contractor, pursuant to this Agreement. 4. The Contractor agrees to provide all necessary information and documentation to the EDA required by Section 4 REPORTING, of the ERF Agreement. 5. The Contractor and all subcontractors performing work relative to the project will undertake the work described in the Project in accordance with all local, state and federal laws and regulations (including but not limited to, environmental, zoning, building code, public health laws and regulations and employment and work place safety). 6. The Contractor and all subcontractors performing work relative to the Project shall comply with applicable federal or state laws, rules or regulations against discrimination including the provisions of Minnesota Statute Section 181.59, quoted as follows: a. "That, in the hiring of common or skilled labor for the perfannance of any work under any contract, or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which such employment relates; b. That no contactor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or person identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; c. That a violation of this section shall be a misdemeanor; and d. That this contract may be canceled or terminated by the state, county, EDA, or any other person authorized to grant contracts far employment, and all money due, or to become due under the contract, may be forfeited for a second of any subsequent violation of the terms or conditions of this contract." Page 2 7. The Contractor hereby acknowledges and agrees to the provisions set forth in Section 6 TERMINATION, CANCELLATION AND ASSIGNMENT of the ERF Agreement and that if the ERF Agreement is canceled pursuant to Section 6 of the ERF Agreement, the Contractor agrees that the EDA shall not be responsible for payment for work performed under this Agreement which is not reimbursed by Hennepin County, provided Contractor receives timely notification of the ERF Agreement cancellation from the EDA. Contractor agrees that the EDA's financial responsibility to Contractor under this agreement will not exceed the payments made to the EDA by Hennepin County under the ERF Agreement. 8. INDEPENDENT CONTRACTOR The Contractor 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 as the agent, representative, or employee of the EDA for any purpose or in any manner whatsoever. The Contractor 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 Contractor or other personnel while engaged in the performance of any work or services required by the Contractor under this Agreement shall have no contractual relationship with the EDA, and shall not be considered employees of the EDA. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Worker's 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 Contractor, its officers, agents, contractors, or employees shall in no way be the responsibility of the EDA. The Contractor shall defend, indemnify and hold harmless the EDA, 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 EDA, including, without limitation, tenure rights, medical and hospital care, sick leave, Worker's Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 9. INDEMNIFICATION The Contractor shall indemnify and hold harmless the EDA and City of Brooklyn Center, its elected officials, commissioners, officers, agents andlor employees from and against all claims, damages, loss or expenses, including attorney fees, for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations resulting from or arising out of, directly or indirectly, the negligent performance of this Agreement by the Contractor, the Contractor's employees, agents, contractors, or subcontractors. 10. INSURANCE The Contractor agrees at all times during the term of this Areement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors and subcontractors to do likewise, the insurance coverages specified in paragraphs 1, 2, 3 and 4 of Section 9 of the ERF Agreement. Page 3 The Contractor shall require that any subcontractors rendering assessment activities under this Agreement furnish certificates of insurance to the EDA, of the insurance coverages listed above, and provide updated certificates as coverages expire. Prior to the start of work relative to the Project, certificates of all insurance required, on a form approved by the EDA, signed by an authorized representative of the insurance carrier, and stating that all provisions of the specified requirements are satisfied. The Contractor shall not begin any work until the EDA has reviewed and approved the insurance certificates. The policy shall be a standard form policy provided for by a carrier approved by the State of Minnesota and shall not contain any exclusions that will restrict coverage on any operations performed by the Contractor, or any subcontractors thereof. The policy or policies shall afford contractual liability coverage to provide coverage for the indemnification agreement. It is a condition of the Agreement that the policy or policies waive any or all- governmental immunity as a defense in any action brought against the insured or any other party to the Agreement, up to policy limits. The policy shall further provide insurance to cover all of the contractors or subcontractors operating exposures and the operation of vehicles. Approval of the insurance by the EDA shall not in any way relieve or decrease the liabilit of the Contractor the subcontractors hereunder, and it is expressly Y understood that the EDA does not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the Contractors or subcontractors interest or liabilities. In the event of cancellation of any of the policies, the company issuing the certificate of insurance shall provide 30 days written notice to the EDA. Failure to n he issuin c om an Certificates ation and/or 1 iabilit u o t do so shall impose obhg y p g P Y of insurance forms shall be drafted or altered to reflect these conditions. All responsibility for payment of sums resulting from any deductible provision, corridor, or self-insured retention conditions of the policy or policies shall remain with the Contractor or subcontractors. 11. AMENDMENTS This agreement between the Contractor and the EDA may be modified only by a written amendment executed by both the EDA and the Contractor. 12. MINNESOTA LAWS GOVERNED This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Page 4 eement to be dul executed in its name In witness whereof, the EDA has caused this Agr y and on its behalf and the Contractor has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. EDA of Brooklyn Center, Minnesota By Its Executive Director Tetra Tech By Its Page 5