IV.4. Approve Agreement for Purchase of Services between City of Hopkins and Hennepin County Department of Community Corrections and Rehabilitation; StadlerJanuary 24, 2019 y O P K I N S Council Report 2019-013
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 Mavor and Citv IVlanaqer to siqn an aqreement for purchase of services
throuqh the Hennepin Countv Sentencinq to Service work proqram.
Overview.
This is a biannual renewal of an agreement between the City and Hennepin
County for purchase of services perFormed by a Sentence to Service work crew.
Under this renewed agreement, the City agrees to pay the County $45,570.00 for
various work performed for the City by a minimum eight person crew, 4 days per
week, 6 hours per day, from January 1, 2019 — December 31, 2019 and
$46,937.72 for the period from January 1, 2020 — Decernber 31, 2020. Typically,
our use of the STS crew is May 1— October 31 each year. 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 2019 Parks budget. Staff
recommends approval.
Supportinq Information.
�, Propos County Agreement
Steven J. Stadler
Public Works Director
Financial Impact: $ 45,570.00 Budgeted: Y/N Y Source: PW General Fund
Related Documents (CIP, ERP, etc.): 2019 Parks budqet
Notes:
Contract No. A189154
SENTENCING TO SERVICE PROGRAM
SERVICES AGREEMENT
WITH THE CITY OF HOPKINS
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 of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as
fol lows:
1. TERM AND COST OF THIS AGREEMENT
This Agreement shall
terminated earlier in
Agreement.
be in effect from January 1, 2019 through December 31, 2020, unless
accordance with the Default and Cancellation provisions of this
The total cost of this Agreement, including all reimbursable expenses, shall not exceed Ninety-
Nine Thousand, Nine Hundred Sixty-Eight Dollars and Two Cents ($99,968.02)
2. SERVICES TO BE PROVIDED
The CITY wishes to utilize the services of the STS Program participants to perForm general
maintenance projects (the "Work"). The specific services to be performed are more thoroughly
described in ATTACHMENT A SERVICES TO BE PROVIDED, attached hereto and
incorporated herein by reference.
3. RESPONSIBILITIES OF THE DEPARTMENT
The DEPARTMENT agrees to the following wifh respect to the Work requested:
A. Provide one (1) work crew, four (4) days a week at a rate of Three Hundred Sixty-Seven
Dollars and Fifty Cents ($367.50) for the period of January 1, 2019 through December 31,
2019 and at a rate of Three Hundred Seventy-Eight Dollars and Fifty-Three Cents
($378.53) for the period of January 1, 2020 through December 31, 2020 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.
B. Provide COUNTY employed crew leader who will be responsible for the transportation,
instruction, and supervision of the STS Program work crew.
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
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Contract No. A189154
C. Provide required personal safety equipment and clothing needed for specific work.
D. Provide basic landscaping tools and equipment needed for specific work.
E. Train each STS Program work crew in necessary safety principles and techniques.
F. Provide quarterly reports to the CITY that show the number of days worked and total hours
of service received.
G. 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 COUNTY shall bill the CITY for all applicable taxes.
B. Payment for services performed by the COUNTY shall be paid by the CITY within thirty
(30) days from the date of invoice. The COUNTY wifl invoice for services at the end of
each caiendar quarter.
6. INDEPENDENT CONTRACTOR
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 agr��s that it eivill b€ responsible and �grees 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 (ir�cluding without limitation loss of profi#, 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
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
Page 2 of 7
Contract No. A189154
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 confi�ential;ty.
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. 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. �f�is Agreement may be cancelled with or vvithout 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, Client and Community Restoration, 3000 North
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
Page 3 of 7
Contract No. A189154
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 CONTACT(S):
Steven Stadler, Public Works Director
City of Hopkins
11100 Excelsior Boulevard
Hopkins, NIN �5343
Office:952-548-6350 Mobile:952-292-6875
Fax: 952-939-1381
sstadler(a�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, Noti�es
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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COUNTY BOARD AUTHORIZATION
Reviewed for COLTNTY by
the County Attorney's Office:
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Reviewed for COiJNTY by:
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Board Resolution No:
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Document Assembled by:
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Contract No. A189154
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
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ATTEST:
:
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
Page 5 of 7
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Contract No. A189154
CONTRACTOR
CONTRACTOR warrants that the person who executed this Agreement is authorized to do so on
behalf of CONTRACTOR as required by applicable articles, bylaws, resolutions or ordinances.*
I�
:
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*C�NTRACTt�R 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.
(STS Form/Governmental Unit Svcs Agr—Revised 3/2016)
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Contract No. A189154
ATTACHMENT A: SERVICES TO BE PROVIDED
City of Hopkins
11100 Excelsior Boulevard
Hopkins, Minnesota 55343
Description of Work to be 2019 2020 Non- Taxable
PerFormed ' Taxable
Landscape Maintenance Services; One (1) Work One (1) Work
Lawn Mowing Services; Crew, four (4) Crew, four (4)
Forestry and Park Maintenance days per week days per week
Services May 1, 2019 May 1, 2020
through October through October X
31, 2019 for a 31, 2020; for a
total of 31 total of 31
weeks; up to 10 weeks; up to 10
additional crews additional crews
a year for a year for
buckthorn buckthorn
removal removal
NTE: NTE:
$49,245.00 $50,723.02
Crew Per Day: Cr�w Per Day:
$367.50 $378.53
Hennepin County provides certain services.that are taxable in the State of-Minnesota. Appropriate sales
tax will be charged for all taxable services provided. Please consult the Minnesota Department of
Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us) for information on taxability of
specific services.
(STS Form/Governmental Unit Svcs Agr — Revised 3/2016)
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