IV.2. Approve Agreement for Purchase of Services between City of Hopkins and Hennepin County Department of Community Corrections and Rehabilitation; StadlerMarch 2, 2021 y � P K � N S Council Report 2021-014
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 au#horize
the Mayor and City Manaqer to siqn an aqreement for purchase of services for
the vears 2021 and 2022 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 $46,937.72 for
various work performed for the City by a minimum four person crew, 4 days per
week, 6 hours per day, from January 1, 2021 — December 31, 2021 and
$48,346.36 for the period from January 1, 2022 — December 31, 2022. 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 furf 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 since 2008. 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 agreement may be cancelled by either party with 30-day notice.
Staff recommends approval.
Supporting Information.
• Propose County Agreement
Steven J. Stadler
Public Works Director
Financial Impact: $ 46,937.72 Budgeted: Y/N Y Source: PW — Parks
Contract No. A2110673
SENTENCING TO SERVICE PROGRAM
SERVICES AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA
(the "COLTNTY") A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota
55487, on behalf of the Hennepin County Deparhnent of Community Corrections and
Rehabilitation, C-2300 Government Center, Minneapolis, Minnesota 55487 (the
"DEPARTMENT") and the CITY OF HOPKINS, 11100 Excelsior Boulevard, Hopkins,
Minnesota 55343 (the "PARTNER").
WHEREAS, the COUNTY operates the Sentencing to Service Program (the
"PROGRAM"), which offers offenders an opportunity to learn landscape maintenance and other
marketable skills; and
WHEREAS, the PARTNER wishes to purchase the services of the PROGRAM;
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COLINTY, on behalf of the DEPARTMENT, and the PARTNER agree
as follows:
l. TERM ANI� COST OF THIS AGREEMENT
This Agreement shall be in effect from January l, 2021 through December 31, 2022, unless
terminated earlier in accordance with the Default and Cancellation provisions of this
Agreement.
The total cost of this Agreement for year 1 shall not exceed Forty-six Thousand Nine
Hundred Thirty-Seven Dollars and Seventy-Two Cents ($46,937.72) plus applicable tax.
The total cost of this Agreement for year 2 shall not exceed Forty-eight Thousand Three
Hundred Forty-Six Dollars and Thirty-Six Cents ($48,346.36) plus applicable tax.
2. SERVICES TO BE PROVIDED
The COLJNTY agrees to provide labor to perform the following work, in accordance with the
terms of this Agreement, and as more specifically described in Attachment A, attached hereto
and incorporated herein by reference (the "Wark"): landscape maintenance, lawn mowing,
forestry and park maintenance services.
3. PART'NER RESPONSIBILITIES
The PARTNER agrees to the following:
A. Obtain all necessary permits or licenses ar special authority far all Work.
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Contract No. A2110673
B. Assign all Work and coordinate material purchases and delivery for projects to be
performed.
C. Provide the COLTNTY at least one day advance notice of changes in its daily labor
needs.
4. COUNTY RESPONSIBILITIES
The COUNTY agrees to the following with respect to the Work requested:
A. Provide work crew(s) in the number and on the days specified on Attachment A.
B. Provide COUNTY-employed crew leader who will be responsible for the transportation,
instruction, and supervision of the PROGRAM work crew.
C. Provide required personal safety equipment and clothing needed for specific work.
D. Provide basic landscaping or other tools and equipment needed for specific work.
E. Train each PROGRAM work crew in necessary safety principles and techniques.
F. Provide quarterly reports to the PARTNER that show the number of days worked and
total hours of service received.
G. Assume all medical liability for the PROGRAM participants.
H. The COiTNTY, in its sole discretion, will assign PROGRAM participants of any gender,
race or age capable of performing the Work.
L The COLTNTY will notify the PARTNER as soon as practical if it cannot complete the
Work as specified in the Agreement. The COUNTY's inability to complete the Work, as
requested by the PAR'I'NER, shall not be a default under this Agreement.
5. COST AND PAYMENT FOR SERVICES
A. The COLTNTY shall bill the PARTNER for services performed including all applicable
state and local sales tax as further specified in Attachment A. If the PARTNER is
exempt from any such tax, it shall provide a completed Certificate of Exemption to the
COLTNTY as specified in Attachment A.
B. Payment for services performed by the COiTNTY shall be paid by the PARTNER within
thirty (30) days from the date of invoice.
6. INDEPENDENT PARTNER
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
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Contract No. A2110673
employee of the other party for any purpose. Each party is and shall remain an independent
PARTNER 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 rclationship with the other party a��d will not be considered
employees of the other party.
7. INDEMNIFICATION
Except as further provided in this paragraph: (1) each party is responsible for its own errors,
acts, and omissions and the results thereof to the extent authorized by law and shall not be
responsible for the errors, acts, and omissions of the other party and the results thereof, and
(2) each party 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 law. Notwithstanding anything to the contrary in this Section 7,
the COLJNTY shall have no liability to the PARTNER 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. The COUNTY and
the PARTNER'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 Ageement 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
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Contract No. A2110673
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 PARTNER to comply with the terms of this Agreement shall be just cause
for the COLTNTY to immediately cease providing services under this Agreement until the
PARTNER resumes 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 PARTNER with the activities of the
DEPARTMENT, so as to accomplish the purposes of this Ageement, Logan Futterer,
Corrections Program Manager, Hennepin County Deparhnent of Community Corrections &
Rehabilitation, Community Offender Management Division, 3000 North Second Street,
Minneapolis, Minnesota 55411, lo�an.futterer(��hennepin.us or his successor (Contract
Administrator), shall manage this Agreement on behalf of the COITNTY and serve as liaison
between the COUNTY and the PARTNER.
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 COLTNTY 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 PARTNER 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.
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Contract No. A2110673
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COUNTY BOARD AUTHORIZATION
Reviewed for COLTNTY by
the County Attorney's Office:
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Reviewed for COUNTY by:
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Board Resolution No:
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Document Assembled by:
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Contract No. A2110673
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
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ATTEST:
:
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Contract No. A2110673
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.*
:
C
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*CONTRACTOR represents and warrants that it has submitted to COITNTY all applicable
documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. Documentation is not required for a sole proprietorship.
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Contract No. A2110673
ATTACHMENT A
Hennepin County STS Services For
City of Hopkins
January 1, 2021 — December 31, 2022
SERVICES TO BE PROVIDED: Landscape maintenance, lawn mowing, forestry, and
park maintenance services.
SERVICE FREQUENCY: One (1) STS work crew, four (4) days per week for a
minimum of six (6) hours per day, excluding paid breaks. The COUNTY may provide
additional STS work crews per year at the daily rate for buckthorn removal upon
PARTNER request.
COST PER DAY:
2021: Three Hundred Seventy-Eight Dollars and Fifty-Three Cents ($378.53)
2022: Three Hundred Eighty-Nine Dollars and Eighty-Nine Cents ($389.89)
TOTAL COST: $95,284.08
2021: (378.53/day x 4 days/week x 31 weeks per year) _$46,937.72
2022: (389.89/day x 4 days/week x 31 weeks per year) _$48,346.36
INVOICING: (Quarterly)
PARTNER CONTACT INFORMATION:
Steven Stadler, Public Works Director
City of Hopkins
11100 Excelsior Boulevard
Hopkins, MN 55343
Office: 952-548-6350 Mobile: 952-292-6875
Fax: 952-939-1381
sstadler@hopkinsmn.com
TAXABLE STATUS
Hennepin County provides certain services that are taxable in the State of Minnesota.
Appropriate sales tax will be charged for all taxable services provided. If your organization
is exempt from any state or local sales tax, you must provide a completed Certificate of
Exemption (Form ST3) to the County Liaison identified in section 12.
Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available
at https://www.revenue.state.mn.us/sales-and-use-tax) for information on taxability of
specific services.
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