IV.8. Approve Agreement for Purchase of Services between City of Hopkins and Hennepin County Department of Community Corrections and Rehabilitation; Stadler (CR2017-018)for
12, 2017 0 P K i N S Council Report 2017-018
Approve Agreement for Purchase of Services between City of Hopkins and
Hennepin County Department of Community Corrections and Rehabilitation
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize
the Mayor and City Manager to sign an agreement for purchase of services
through the Hennepin County Sentencing to Service work program.
Overview_
Thisis an agreement whereby the City agrees to pay the County $40,675.20 for
various work performed for the City by a minimum eight person crew, 4 days per
week, 6 hours per day, from January 1, 2017 — December 31, 2017 (no increase
from 2016) and $41,895.00 for the period from January 1, 2018 — December 31,
2018. The work crew is equipped and insured by the County and supervised by
a full-time County -employed supervisor. The work tasks will include:
maintenance of turf and landscaped areas at Downtown Park, City Hall, Shady
Oak Beach, Rotary Oasis, various downtown areas, various other right of way
areas, CSAH 73/5 intersection, fence staining, hockey board painting and other
tasks, as assigned.
The City has successfully used the Hennepin County Sentencing to Service work
program during the past several years and they have done a good job. There
have been no negative consequences involving the work crews and the public. A
Hennepin County supervisor is always on-site and in communication with
Streets/Parks Superintendent or Parks Lead Worker.
The cost for these services is included in the 2017 Parks budget. Staff
recommends approval.
Supporting Information.
Financial Impact: $ 40, 75.20 Budgeted: Y/N Y Source: PW General Fund
Related Documents (CIP, ERP, etc.): 2017 Parks budget
Notes:
Contract No. A166475
SENTENCING TO SERVICE PROGRAM
SERVICES AGREEMENT
WITH THE CITY OF
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300
Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin
County Department of Community Corrections and Rehabilitation, C-2300 Government Center,
300 South Sixth Street, Minneapolis, Minnesota 55487 ("DEPARTMENT"), and the CITY OF
HOPKINS, 11100 Excelsior Boulevard, Hopkins, Minnesota 55343 ("CITY").
WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program)
which offers offenders an opportunity to learn landscape maintenance and other marketable
skills; and
WHEREAS, the CITY wishes to purchase the services of the STS Program;
NOW, THEREFORE, in consideration
hereinafter set forth, the COUNTY, on behalf
follows:
1. TERM AND COST OF THIS AGREEMENT
of the mutual undertakings and agreements
of the DEPARTMENT, and the CITY agree as
This Agreement shall be in effect from January 1, 2017 through December 31, 2018, unless
terminated earlier in accordance with the Default and Cancellation provisions of this
Agreement.
The total cost of this Agreement, including all reimbursable expenses, shall not exceed
Eighty Two Thousand Five Hundred and Seventy Dollars and Twenty Cents ($82,570.20).
A. Forty Thousand Six Hundred Seventy -Five Dollars and Twenty Cents ($40,675.20) in
2017.
B. Forty One Thousand Eight Hundred and Ninety -Five Dollars ($41,895) in 2018.
2. SERVICES TO BE PROVIDED
The CITY wishes to utilize the services of the STS Program participants to perform labor for
street, grounds and park maintenance related projects (the "Work"). The specific services to
be performed are more thoroughly described in Exhibit A, attached hereto and incorporated
herein by reference.
3. RESPONSIBILITIES OF THE DEPARTMENT
The DEPARTMENT agrees to the following with respect to the Work requested:
A. Provide one (1) work crew, four (4) days per week, plus up to ten (10) additional work
crews as requested by the CITY at a rate of Three Hundred Fifty -Six Dollars and Eighty
Cents ($356.80) for the period May 1, 2017 through October 31, 2017, for a minimum of
six (6) hours per day, excluding paid breaks. A work crew will consist of an average of
six (6) participants per day.
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
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Contract No. A166475
B. Provide one (1) work crew, four (4) days per week, plus up to ten (10) additional work
crews as requested by the CITY, at a rate of Three Hundred Sixty -Seven Dollars and
Fifty ($367.50) for the period May 1, 2018 through October 31, 2018, for a minimum of
six (6) hours per day, excluding paid breaks. A work crew will consist of an average of
six (6) participants per day.
C. Provide COUNTY employed crew leader who will be responsible for the transportation,
instruction, and supervision of the STS Program work crew.
D. Provide required personal safety equipment and clothing needed for specific work.
E. Provide basic landscaping tools and equipment needed for specific work.
F. Train each STS Program work crew in necessary safety principles and techniques.
G. Provide quarterly reports to the CITY that show the number of days worked and total
hours of service received.
H. Assume all medical liability for the STS Program participants.
4. RESPONSIBILITIES OF THE CITY
The CITY agrees to the following:
A. Obtain all necessary permits or licenses or special authority for all Work.
B. Assign all work and coordinate material purchases and delivery for projects to be
performed.
5. COST AND PAYMENT FOR SERVICES
A. The CITY shall pay the COUNTY
1. Six Thousand One Hundred and Eighty -Four Dollars and Fifty -Three Cents
($6,184.53) per month for six (6) months for the services described in this
Agreement, plus Three Hundred and Fifty -Six Dollars and Eighty Cents ($356.80)
for each additional work crew (up to 10) as requested by the CITY during 2017.
2. Six Thousand Three Hundred and Seventy Dollars ($6,370) per month for six (6)
months for the services described in this Agreement, plus Three Hundred Sixty -
Seven Dollars and Fifty Cents ($367.50) for each additional work crew (up to 10)
as requested by the CITY during 2018.
B. The COUNTY shall bill the CITY for all applicable taxes.
C. Payment for services performed by the COUNTY shall be paid by the CITY within thirty
(30) days from the date of invoice. The COUNTY will invoice for services at the end of
each calendar quarter.
6. INDEPENDENT CONTRACTOR
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
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Contract No. A166475
Nothing is intended or should be construed as creating or establishing the relationship of co-
partners between the parties or as constituting either party as the agent, representative, or
employee of the other party for any purpose. Each party is and shall remain an independent
contractor for all services performed under this Agreement. Each party shall secure at its
own expense all personnel required in performing services under this Agreement. Any
personnel or other persons engaged in the performance of any work or services required by
a party will have no contractual relationship with the other party and will not be considered
employees of the other party.
7. INDEMNIFICATION
Each party agrees that it will be responsible and agrees to defend, indemnify, and hold
harmless the other party, its officials, officers, agents, and employees for its own errors,
acts, and omissions and the results thereof to the extent. authorized by the law and shall not
be responsible for the errors, acts, and omissions of the other party and the results thereof.
Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no
liability to the CITY for any cause under or related to this Agreement for any consequential,
special, incidental, punitive, or indirect damages (including without limitation loss of profit,
revenue, business opportunity, or business advantage), whether based upon a claim or
action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal
theory or cause of action. Each party's liability shall be governed by and limited in
accordance with Minnesota Statutes, Chapter 466.
8. DATA PRACTICES
Both parties shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws,_
rules, regulations, and orders relating to data privacy and confidentiality.
9. SUBCONTRACTING AND ASSIGNMENTS
Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in
part, without the prior written consent of the other party.
10. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement 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 a part of this Agreement.
B. 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.
11. DEFAULT AND CANCELLATION
A. If either party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of this Agreement, it shall be in
default. Unless the default is excused by the nondefaulting party, the nondefaulting
party may upon written notice immediately cancel this Agreement in its entirety.
(STS Form/Govern mental Unit Svcs Agr—Revised 3/2016)
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Contract No. A166475
Additionally, failure of the CITY to comply with the terms of this Agreement shall be just
cause for the COUNTY to immediately cease providing services under this Agreement
until the CITY's compliance.
B. The above remedies shall be in addition to any other right or remedy available to the
parties under this Agreement, law, statute, rule, and/or equity.
C. Either party'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 this Agreement.
D. This Agreement may be cancelled with or without cause by either party upon thirty (30)
days written notice.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so
as to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County
Department of Community Corrections & Rehabilitation, Community Offender Management
Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor
(Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve
as liaison between the COUNTY and the CITY.
CITY Project and Billing Contact:
Jay Strachota, Streets/Parks Superintendent
City of Hopkins
11100 Excelsior Boulevard
Hopkins, MN 55343
Office: 952-548-6372 Mobile: 952-292-6876 Fax: 952-939-1381
Email: istrachota@hopkinsmn.com
13. NOTICES
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 the COUNTY shall be sent to the County Administrator with a copy to the originating
DEPARTMENT at the address given in the opening paragraph of this Agreement. _Notice to
the CITY shall be sent to the address stated in the opening paragraph of this Agreement.
14. 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 their performance. 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. If any provision of this Agreement is held invalid, illegal, or
unenforceable, the remaining provisions will not be affected.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
(STS ,Form/Governmental Unit Svcs Agr—Revised 3/2016)
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Reviewed by the County
Attorney's Office
Date:
Contract No. A166475
X61 X►61, "y 70-1 - -Ixi I I I I ME IQ 0, PWAd Cel
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
CITY OF HOPKINS
The CITY warrants that the person who executed
this Agreement is authorized to do so as required
by applicable articles, bylaws, resolutions, or
ordinances.*
By:
Its:
Date:
And:
Its:
Date:
*The CITY shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that
confirms the signatory's delegation of authority. This documentation shall be submitted at the same time
this Agreement is returned to the COUNTY.
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
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Contract No. A166475
EXHIBIT A: SERVICES TO BE PROVIDED
City of Hopkins
11100 Excelsior Boulevard
Hopkins, Minnesota 55343
I
Landscape Maintenance Services I -1q I I
Lawn Mowina Services
I Forestry and Park Maintenance Services I I I
(STS Form/Governmental Unit Svcs Agr — Revised 3/2016)
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