CR 2003-133 Approve Municipal Recycling Grant Agreement
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CITY OF I
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August8,2003
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HOPKINS
Council Report 2003-133
APPROVE MUNICIPAL
RECYCLING GRANT AGREEMENT
Proposed Action
Staff recommends adoption of the following motion: "Move that Council approve
Municipal Recvclina Grant Aareement between the City of Hopkins and
Hennepin Countv." .
Overview
This agreement is necessary in order for the City to receive the Score Funding
applied for in the 2003 Hennepin County Municipal Recycling Grant Application.
The 2003 payment to the City is scheduled to be mailed out some time in
September. The payment amount will be $23,394. This amount is $1 ,714 less
than anticipated due to the State decreasing the SCORE funding from $.70 per
household to $.6522 per household.
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Primary Issues to Consider
. Agreement Terms
The agreement terminates December 31,2003 and either party may cancel
the agreement upon thirty (30) days written notice
Supportina Information
Proposed Agreement
{(-~
e, Recycling Coordinator
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Financial Impact: $23.394 Revenue Budgeted: L Source: Refuse Utilitv
Related Documents (CIP, ERP, etc.):
Notes:
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Contract No: A030698
Vendor No.: 000030010
MUNICIPAL RECYCLING GRANT AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPlN", STATE OF MlNNESOTA, hereinafter referred to as the "COUNTY," A-2300
Government Center, Minneapolis, Minnesota 55487, on behalf ofthe Hennepin County
Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401-
1397, hereinafter referred to as the "DEPARTMENT" and the CITY OF H9PKJNS, 11100
Excelsior Boulevard, Hopkins, MN 55343, hereinafter 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 prC?grams from January 1, 2000, through
December 31, 2004, and
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'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 consistent with Minnesota Statutes, Chapter
115A; the Office of Environmental Assistance Solid Waste Management 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,
2003.
b. The cost of this Agreement shall not exceed Twenty-three thousand tlrree hundred
, ninety-four dollars ($23,394).
HCA Form No. 101 2003 (Revised 02/03)
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2. SERVICES TO BE PROVIDED
a.
The CITY will operate its Recycling Program as more fully described in the Grant
Application that was sl,lbmitted by the CITY and kept on file with the COUNTY.
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b. In addition to the services referred to above, the CITY agrees as follows:
1. On an annual basis, the CITY must demonstrate that the average pounds of
recyclables collected from households participating in their curbside
residential recycling program must equal or surpass the 1999 base year
figure. The base year figure is determined by dividing total pounds of
recyclables collected in 1999 by the total number of households
participating in the curbside recycling program in 1999. Failure to achieve
this annual goal will result in the requirement that a plan be submitted for
COUNTY approval that specifies the efforts the CITY will undertake to
increase the recycling percentage within 90 days of the submittal of the
municipal year-end report.
2. At a minimum, the. CITY shall collect the following materials at curbside:
a. Newspaper and advertising supplements;
b. Corrugated cardboard;
c. . Clear, brown, and green glass food and beverage containers;
d. Metal food and beverage containers;
e. All plastic bottles with a neck, except bottles that previously
contained hazardous materials or motor oil; and
f. Magazines and catalogs. ._'0\
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3. The CITY must estimate its participation rate in the curbside recycling
program during the month of October. Methodology for measuring
participation must be approved by the COUNTY.
4. The CITY shall submit, on forms provided by the COUNTY, a Final 2003
Report by February 15, 2004.
5. All grant funds accepted by the CITY from the COUNTY pursuant to this
Agreement (SCORE Funds) shall be used to operate its Recycling
Program, and for waste reduction and recycling capital and operating
expenses related thereto, in the year granted. The CITY shall not retain
any SCORE funds in excess of actual Recycling Program expenses.
6. The CITY may not charge its residents through property tax, utility fees, or
any other method for that portion of the costs of its Recycling Program
that is funded by SCORE funds. .
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HCA Form No. 101 2003 (Revised 02/03)
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7.
The CITY shall establish a separate accounting mechanism, such as a
project number, activity number, cost center, or fund that will separate
recycling and waste reduction revenues and expenditures from all other
municipal activities, including solid waste anq yard waste activities.
8. Recycling and waste reduction activities, revenues, and expenditures are
subject to audit by the COUNTY.
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 to 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
CITY
Total # of
Households Serviced
Curbside in
COUNTY
Total SCORE
Revenue
X Received by
COUNTY from State
of Minnesota
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= Distributed to
CITY
SCORE Funds
b. The COUNTY shall pay the CITY an amount not to exceed Twenty-three
thousand three hundred ninety-four dollars ($23,394). 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 fund payment will be forwarded after the COUNTY Board receives
and approves this Agreement signed by an authorized official of the 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
ReA Form No. 1012003 (Revised 02/03)
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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 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 against the CITY, its officers,
agents, contractors, or employees shall in no way be the respopsibility of the COUNTY.
The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers, 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 and vacation leave, Workers'
Compensation, Re-employment Compensation, disability, severance pay, and retirement
benefits.
5.
INDEMNIFICATION AND INSURANCE
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a. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, its
officials, officers, agents, volunteers and employees from any liability, cIaiins,
causes of action, judgments, damages, losses, costs, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from any act or omission
of the CITY, a subcontractor, anyone directly or indirectly employed by them,
and/or anyone for whose acts and/or omissions they may be liable in the
performance of the services required by this Agreement, and against all loss by
reason ofthe failure ofthe CITY to perform fully, in any respect, all obligations
under this Agreement.
b. h1 order to protect the CITY and those listed above under the indemnification
provision, the CITY agrees at all times during the term of this Agreement, and
beyond such term when so required, to have and keep in force insurance, either
under a self-insurance program or insurance policies as follows:
Limits
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
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ReA FonnNo. 1012003 (Revised 02/03)
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General Aggregate
Products-Completed Operations Aggregate
Personal arid Advertising Injury
Each Occurrence:-Combined Bodily
Injury and Property Damage
$1,000,000
1,000,000
1,000,000
1,000,000
(2) Workers' Compensation and Employer's Liability:
Workers' Compensation .
. If the CITY is based outside the State of
Minnesota, coverage must apply to
Minnesota law
Statutory
Employer's Liability. Bodily injury by:
Accident-Each Accident
Disease-Policy Limit
Disease-Each Employee
100,000
500,000
100,000
(3)
Professional Liability-Per Claim and Aggregate
1,000,000
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The professiona1liability insurance must be maintained
continuously for a period of two years after the tennination
of this Agreement.
c.
The above establishes minimum insurance requirements. Copies of insurance
policies shall be promptly submitted to the COUNTY upon written request.
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6. DATA-PRIVACY
CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors
agree to abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act
and implementing regulations, if applicable, and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of
the same may be amended. CITY agrees to defend, indemnify and hold harmless 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 termination of this Agreement.
7. RECORDS - A V AILABILITY/ACCESS
Subject to the requireme~ts of Minnesota Statutes Section 16C.05, Subd. 5 (as maybe
amended), the CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor
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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 arid the right to
examine, 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 relating to this Agreement. Such materials shall be maintained and such
access and rights shall be in force and effect during the period of this Agreement and for
six (6) years after its termination or cancellation.
8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
a. The CITY binds itself, its partners, successors, assigns and legal representatives 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 Agreement 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
withoutthe prior written consent of the COUNTY.
b.
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 contractual services, and of person( 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 COUN"'TI\
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9. 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 hereof. All items
referred to in this Agreement are incorporated or attached and are deemed to be
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 hereto.
10. DEFAULT AND CANCELLATION
a. If the CITY fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
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constitute a default. Unless the City's default is excused by the COUNTY, the
COUNTY may upon written notice immediately cancel this Agreement in its
entirety. Additionally, failure to comply with the terms of this Agreement shall be
just cause for the COUNTY for delaying payment until the City's compliance. In
the event ofa decision to withhold payment, the COUNTY shall furnish prior
written notice to the CITY.
b. Notwithstanding any provision ofthis Agreement to the contrary, the CITY shall
not be relieved ofliability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach ofthis Agreement by the CITY.
c. Upon early termination or cancellation of this Agreement, the CITY shall itemize
any and all SCORE Funds expenditures up to the date of termination or
cancellation and return such SCORE Funds not yet expended.
d. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this contract, law, statute, rule, and/or equity.
e. The COUNTY'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 ofthe
Agreement.
f. .This Agreement may be canceled with or without cause by either party upon thirty
(30) days' written notice.
g. In the event tlie-'COUNTY does not receive any SCORE Funds, this Agreement
will be terminated upon written notice by the County.
11. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the Department of
Environmental Services so as to accomplish the purposes ofthis contract, Carl Michaud,
Solid Waste and Recycling Program Manager, or his or her successor, shall manage this
contract on behalf of the COUNTY and serve as liaison between the COUNTY and the
CITY.
12.
COMPLIANCE
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The CITY shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances pertaining to solid waste. reduction, management, and recycling in
force or hereafter enacted.
HCA Form No. 101 2003 (Revised 02/03)
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13.
PAPER RECYCLING
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The COUNTY encourages the CITY to develop and implement an office paper and
newsprint recycling program.
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 ofthe 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 contract 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 Hennepin,
State of Minnesota. Litigation, however, in the federal courts involving the herein 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 P AGE INTENTIONALLY LEFT BLANK
ReA Fonn No. 101 2003 (Revised 02/03)
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Approved as to form
and execution
Assistant COUNTY Attorney
Date:
CITY organized under:
Statutory_
Option A
HCA Form No. 1012003 (Revised 02/03)
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair ofIts COUNTY Board
ATTEST:
Deputy/Clerk of COUNTY Board
And:
Assistant/Deputy/COUNTY Administrator
RECO~ENDEDFORAPPROVAL
By:
Director, Dept. of Environmental Services
'Date:
CITY OF HOPKINS
By:
Its:
And:
Its:
Option B
Charter
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