CR 2004-114 Recycling Grant Agreement
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. July 15, 2004 i Council Report 2004-114
i HOPKINS I
APPROVE MUNICIPAL
RECYCLING GRANT AGREEMENT
Proposed Action
Staff recommends adoption of the following motion: 4lMove that Council approve
Municipal Recycling Grant Aareement between.the City of Hopkins and
Hennepin County."
Overview
This agreement is necessary in order for the City to receive the Score Funding
applied for in the 2004 Hennepin. County Municipal Recycling Grant Application.
The 2004 payment to the City is. scheduled to be mailed out some time in
September. The payment amount will be $22,891. This amOunt is $503 I~ss
than anticipated due to the State decrease to SCORE funding.
. P(imaty Issues to Consider
. Agreement Terms
The agreement terminates December 31, 2004 and either party may cancel
the agreement upon thirty (30) days written notice
SuPoorti09lnform.tion
. Proposed Agreement
{j.~
e, Recycling Coordinator
Financial Impact: $22.891. Revenue Budgeted: L Source: Refuse Utility
. Related Documents (CIP, ERP, etc.):
Notes:
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. Contract No: A040467
Vendor No: 000030010
. MUNICIPAL RECYCLING GRANT AGREEMENT
. THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A-2300
Government Center, Minneapolis, Mimiesota 55487, on behalf of the Hennepin County
Department of Environmental Services, 417 North Fifth Street, Minneapolis, MN 55401-1397,
hereinafter referred to as the ''DEPARTMENT'' and the CITY OF HOPKINS, 11100 Excelsior
Boulevard, Hopkins, MN 55343, heremafter referred to as the "CITY".
WITNESSETH:
WHEREAS, the COUNTY Board, by Resolution No. 99-8-532, on the 3rd day of August
1999, authorized funding for municipal recycling programs from January 1,2000, through .
December 31,2004, and
WHEREAS, the CITY has a municipal recycling program (the Recycling Program) as
described in their grant application referred to in paragraph 2 below, and
. WHEREAS, said Recycling Program is consistenfwith Minnesota Statutes, Chapter
115A; the Office of Environmental Assistance Solid W asteManagement Policy Plan; Hennepin
County's Solid Waste Management Master Plan; and Hennepin County's Residential Recycling
Funding Policy.
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
follows:
1. TERM AND COST OF THE AGREEMENT
a. This Agreement shall commence upon execution and terminate on December 31,
2004.
b. The cost of this Agreement shall not exceed Twenty-two thousand eight hundred
ninety-one dollars ($22,891).
. 2. SERVICES TO BE PROVIDED
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a. The CITY will operate its Recycling Program as more fully described in the Grant
Application that was submitted by the CITY and kept on file with the COUNTY.
. b. In addition to the services referred to above, the CITY agrees as foHows:
ReA Form No. 101 2004 (Revised 09/03) 1
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. 9. If the CITY does not contract for curbside services, the CITY will receive
SCORE funds provided that at lease ninety percent (90%) of the. SCORE
funds are credited back t6 residents and the CITY meets all minimum
program requirements. The additional ten percent (10%) of SCORE funds
. may be used for CITY administrative and promotional expenses.
3. METHOD OF COMPENSATION
a. The COUNTY will distribute SCORE funds only to the extent the COUNTY has
received such funds from the State of Minnesota. The CITY will receive SCORE
funds per the formula below:
# of Households
. Serviced Curbside by.. Total SCORE
CITY Revenue SCORE Funds.
X Received by - Distributed to
COUNTY from State CITY
of Minnesota
Total # of
Households Serviced
Curbside in
-:} COUNTY
.c
. b. The COUNTY shall pay the CITY aJiamount not to exceed Twenty-two thousand
eight hundred ninety-one dollars ($22,891). This amount is based upon previous
SCORE fund amounts received by the COUNTY. Under no circumstances will
the COUNTY's obligation of SCORE fund distribution exceed the CITY's
proportion of SCORE fund revenues received by the COUNTY.
c. The SCORE fu:t1d payment will be forwarded after the COUNTY Board receives
and approves this Agreement signed by an authorized official ofthe CITY.
4. INDEPENDENT CONTRACTOR
The CITY shall select the means, method, and manner of performing the services 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 CITY as the
agent, representative, or employee of the COUNTY for any purpose or in any manner
whatsoever. The CITY is to be and shall remain an independent contractor with respect
to all services performed under this Agreement. The CITY represents 'that it has or will
secure at its own expense all personnel required in performing services under this
" Agreement. Any and all personnel of the CITY or other persons while engaged in the "
performance of any work or services required by the CITY 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 mayor might arise Ulider 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
HCAForrnNo. 1012004 (Revised 09/03) 3
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. Copies of insurance policies shall be promptly submitted to the COUNTY upon written
request.
6. DATA PRIVACY
The CITY, its officers, agents, owners, partners, employees, volunteers and
subcontractors agree to abide by the provisions of the Minnesota Government Data
Practices Act, Miru:;Lesota Statutes; Chapter 13, the Health hlsurance Portability and
Accountability Act and implementing regulations, if applicable, and all other applicable
state and federal laws, roles, regulations and orders relating to data privacy or
confidentiality,. and as any of the same may be amended. CITY agrees to defend,
indemnify and holdhannless the COUNTY, its officials, officers, agents, employees, and
volunteers from. any claims resulting from CITY's officers', agents' , owners', partners' ,
employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of.
such 'protected data. . The terms of this paragraph shall survive the cancellation or
tetrilination of this Agreement.
7. RECORDS ~ A V AILABILITY/ ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd.5 (asmay'be
amended), the CITY agrees that the County, the State Auditor, the Legislative 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
exainine, audit, excerpt, and transcribe any books, documents, papers, records, etc.,
which are pertinent to the accounting. practices and procedures of the CITY and involve
transactions r;elating to this Agreement. Such materials shall be maintained and such
access and rights shall be in force and effect during the period of the contract and for six
(6) years after its termination or cancellation.
8. SUCCESSORS.. SUBCONTRACTING AND ASSIGNMENTS
The CITY bi:nds itself, its partners, successors, assigns and legal r~presentatives to the
COUNTY in respect to all covenants, agreements and obligations contained in the
. contract documents. The CITY shall not assign, subcontract, transfer or pledge this
contract and/or the services to be performed hereunder, whether in whole or in part, nor
assign any monies due or to become due to it hereunder without the prior written consent
of the COUNTY.
Permission to subcontract, however, shall under no circumstances relieve the CITY of its
liabilities and obligations under the Agreement. Further, the CITY shall be fully
responsible for the acts, omissions, and failure of its subcontractors in the performance of
. . the herein specified con:tractual services, and ofperson(s) directly or indirectly employed
by subcontractors. Contracts between the CITY and each subcontractor shall require that
the subcontractor's services be performed in accordance with the terms and conditions
. herein specified. A .consent to assign shall be accomplished by execution of a form
prepared by the COUNTY and signed by the CITY, the assignee and the COUNTY.
ReA Form No, 101 2004 (Revised 09/03) 5
. f. This Agreement may be canceled with or without cause by either party upon
thirty (30) days' written notice. I
II. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the' Hennepin
County Department of Environmental Services so asto accomplish the purposes of this
Agreement, Carl Michaud, Solid Waste & Recycling Program Manager, or his or her
successor, shall manage this Agreement 'on behalf of the COUNTY and serve as liaison
between the COUNTY and the CITY.
12. COMPLIANCE
a. The CITY shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
b. If the source or partial source of funds for, payment of services under this
. .
Agreement is federal, state or other grant monies, CITY shall comply with all
applicable conditions of the specific grant, attached hereto and incorporated
herein.
13. . ,Ii PAPER RECYCLING
. The COUNTY encourages the CITY to develop and implement an office paper and
".'newsprint recycling program.
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14. ;, NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of
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 the
Agreement. Notice to the CITY shall be sent to the address stated in the opening .
paragraph of the Agreement.
15. PROMOTIONAL LITERATURE
CITY agrees that the terms "Hennepin County" or any derivative thereof shall not be
utilized in any promotional literature, advertisements of any type or form or client lists
without the express prior written consent of the COUNTY.
16. MINNESOTA LAWS GOVERN
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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 herein.parties and performance under it. The appropriate venue and
jurisdiction for any litigation hereunder will be those courts located within the County of
ReA Form No. 1012004 (Revised 09/03) 7
. COUNTY BOARD APPROVAL
CITY OF HOPKINS, having signed this Agreement, and the Hennepin COUNTY Board of
. Commissioners having duly approved this Agreement on the -'---- day of . , , 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~ .
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM And:
. ANDEXECUTION: AssistantlDeputy/County Administrator
By: Date:
Assistant County Attorney
Date: And:
Assistant County Administrator, Public Works
and County Engineer
. Date:
RECOMMENDED FOR APPROVAL
By:
Director, Dept. of En vironmenta 1 Services
Date:
CITY OF HOPKINS
By:
Its:
And:
Its:
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CITY organized under:
. Statutory ~ Option A_ Option B----: . Charter_
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