CR 01-020 Approval of Municipal Waste Abatement Incentive Fund Agreement
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C\TY OF
February 8, 2001
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HOPKINS
Council Report 2001-20
APPROVAL OF MUNICIPAL WASTE ABATEMENT
INCENTIVE FUND AGREEMENT
Pro-posed Action
Staff recommends adoption of the following motion: Move to approve Municipal Waste
Abatement Incentive Fund Agreement.
Overview
The municipalities of Hopkins, Bloomington, Brooklyn Park, Eden Prairie, New Hope, Crystal,
Brooklyn Center, Minnetonka, Plymouth and Wayzata, applied for and will be awarded a
Hennepin County Waste Abatement Incentive Fund Grant in the amount of$53,500 to develop a
"tool kit" for Hennepin County recycling coordinators to present the waste reduction, recycling
and resource management message to their respective communities. The "tool kit" would be
appropriate for both adolescent and adult audiences. The finished product would consist of:
1. Thirty identical resource packets containing learning activities, prepared presentations,
originals for duplicating, background information, resource lists, books and games. These
packets would be distributed to thirty recycling coordinators for their ongoing use for
public education.
2. Five educational trunks that provide further "hands on" learning. These would be stored
at five host cities, and would be available for use throughout Hennepin County. These
trunks would be designed for use either in a classroom, an assembly or an event setting.
The recycling coordinator in each community will be able to customize the ''tool kit" for
whatever type of presentation it is being used for.
The project will be directed by the recycling coordinators from Minnetonka, Brooklyn Park,
HRG, Plymouth, Bloomington, Hopkins and Eden Prairie in consultation with teachers from at
least two school districts. Research and product design and construction would be provided by
the Science Museum of Minnesota. The packets and trunks will be easy to understand and use,
clearly demonstrate the important role of waste reduction, recycling and resource conservation
and enhance school curricula.
It is projected that these tools would be ready for distribution September 2001.
Council Report 2001-20
Page 2
Prima" Issues to Consider
Will there be any costs and/or additional responsibility for the City of Hopkins?
The matching funds of $17:>900 will be divided among the participating municipalities and will
be in the form of man hours worked on the project (approximately 90 hours per municipality).
Hopkins' responsibility would be to do presentations to groups upon request (as is currently
done) and to make the "tool kit" available to schools to supplement their curricula.
SUDDortin~ Information
. Incentive Grant Application
· Municipal Waste Abatement Incentive Fund Agreement
Financial Impact: $ Budgeted:
Related Documents (CIP:> ERP, etc.):
Notes:
Y/N
Source:
Municipal Waste Abatement Incentive Fund Grant Application Form - 2000
Application Due - 5:00 pm, Friday, December 1, 2000
lVlail Siened Copy to:
Dan Ruiz
I-Iennepin County Dept. of Environmental Services
417 N. 5th St., SUlre 200
Minneapolis, MN 55401-1309
E-mail COPy (if oossible) to:
dan.ruiz@co.hennepin.rnn.us
Applic,ant Information:
Municipality: City of Minnetonka for the cities of Plymouth. Hopkins, .gden Prairie, Brooklyn
Park, Brooklyn Center, New HODe, Crystal, Minnetonka, Bloomington and Wayzata. (other
Hennepin County cities may also wish to participate and/or benefit from this proiecr
Contact Person: Dean Elstad Title: Recvcling Coordinator
Address: 14600 Minnetonka Blvd.
City, State, Zip:_Minnetonka, MN 55345
Phone: ~52-939-8217 Fax: 952-939-8217 E-Mail: delstad@ci.minnetonka.mn.us
Grant Request: $53.500 Matching Funds: $17,900 Total Project Cost: $71.400
Aythoritzing Signature: The signature of a person who has the authority to enter into a
contract with HeU4"1epin County on behalf of the municipality (Mayor, City
Manager/ Administrator/Clerk).
Name (Typed or Printed): John Gunvou.
Signature:
Title: City Manager
Project Title: Intel!rated Recycling and Resource Management "Tool Kit"
PrOlect Description:
This project will provide an integrated tool kit for Hennepin County recycling coordinarors to
present the waste reduction7 recycling and resource management message in their cOlllIDunities:
with an emphasis on adolescent and adult audiences. The final prodUCT will be two-fold:
1. Thiny identical durable resource packets with learning activities, prepared presentations,
originals for duplicating, background information, resource lists, books and games. These
items wouJd be used for school and conununity presentations. The packets would be
distributed to thirty recycling coordinators for their ongoing use for public education. The
recycling coordinator can tailor the itenls to his/her needs. Several learning activities in
these packets would be linked to more in-depth activities contained in the trunks described
in #2 (below).
2. Five educational trunks that provide further "hands-on " learning. These would be
developed for the participating cities, and would be evaluated for usefulness throughout
Hennepin County. These trunks would be designed for use in either a classroom, assembly
or event settings. Materials for the "(001 kits" would contain as high a post consumer
recycled content as possible.
This project would be directed by the recycling coordinators fronl Minnetonka, Brooklyn Park,
HRG, Plymouth, Bloomington, and Eden Prairie in consultation with teachers fronl at least
two school districts. Research and product design and construction would be provided by the
Science Museum of Minnesota. The team will work [0 insure that these packets and trunks are
easy to understand and use, clearly demonstrate the important role of waste reduction,
recycllng, composting and resource conservation and enhance school curricula.
These learning tools would be ready for distribution and use when the 2001-02 school year
begins in September, 2001.
Training, promotion and an evaluation tool will also be conlponents of the project.
Project Budget:
[ Budget hem
Responsible Party
I Grant amount 'In-kind and
I Matching
amount
Pro' eel developmem & oversight
Research & desi!,TJl
Recvcr 0 Coordi.nators & teachers
Science Museum staff & recycling
coordinators
Science Museum staff (time
included in item above)
$25.000
$3,600
$3,600 I
i
Materials for 30 resource packets
which could include: books, tapes.
origi.nals fOf duplication, computer
software
Gra hies & co ving TOT ackets
I Materials for 5 leamin tr1lllks I Sciencl; Mu~tum staff
! Tr<ilni.ug, marketing_and evaluation Recycling Coordinators & teachers !
I Total I
$10,000
$18,500
I
$53,500 !
$2.700 I
$1,500 I
56,500 I
$17,900 i
TOTAL P.06
Contract No: A07581
AA Code:
Tax ID No.
Vendor No.: *000048087
MUNICIPAL WASTE ABATEMENT INCENTIVE FUND AGREEMENT
THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, hereinafter referred to as the "Countyf!, through its Department of Environmental Services,
417 North Fifth Street, Minneapolis, Minnesota 55401-1397, and the cities of Bloomington, Brooklyn
Park, Eden Prairie, Hennepin Recycling Group (Brooklyn Center, Crystal, New Hope), Hopkins,
Minnetonka, Plymouth, and Wayzata, hereinafter referred to collectively as the "Cities" and individually
as "City".
WITNESSETH:
WHEREAS, the Hennepin County Board, by Resolution No. 99-8-532, on the 3rd day of August
1999, adopted certain Residential Recycling Recommendations for the time period of January 1, 2000,
through December 31,2004, and
WHEREkS, said resolution established a Municipal Waste Abatement Incentive Fund to provide
matching assistance to selected municipal residential waste abatement projects and
WHEREAS, the Cities have made application for a residential waste abatement project and has been
selected for the term of this Agreement for funding of said described project. (Application copy attached as
Exhibit A)
NOW THEREFORE, the County and the Cities agree as follows:
I. SERVICES TO BE PROVIDED
1. The Cities will operate their Municipal Waste Abatement Incentive Fund project (Integrated Waste
Reduction, Recycling, and Resource Management Tool Kit Project) as described in the original
Grant Application that was submitted by the Cities and kept on file with the County.
2. In addition to the services as referred to above, the Cities agree that the City of Minnetonka will act
as the fiscal agent for the Cities and agree:
a. The City of Minnetonka shall submit a Final Report by December 31,2001. The report "-
should include at a minimum:
1) Project findings and summary
2) Results achieved
3) Obstacles/challenges encountered
4) Detailed Budget expenditures
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b. All Incentive Funds accepted from the County shall be used for Incentive Fund expenses as
described in the project budget over the term of the Agreement; the Cities shall not retain any
Incentive Funds in excess of actual project expenses.
c. The Cities may not charge their residents through property tax, utility fees, or any other
method for that portion of the costs of its Incentive Fund project that is funded by County
Incentive Funds.
d. The City of Minnetonka shall establish a separate accounting mechanism, such as a project
number, activity number, cost center or fund that will separate fucentive Fund revenues and
expenditures from all other municipal activities, including other solid waste, recycling, and
yard waste activities.
e. Incentive Fund activities, revenues, and expenditures of the Cities are subject to audit by the
County.
II. TERM OF THIS AGREEMENT
This Agreement shall commence upon execution, and terminate on December 31,2002.
III. METHOD OF COMPENSATION
The County shall pay Incentive Funds to the City of Minnetonka an amount not-to-exceed $53,500 (Fifty
three thousand and five hundred dollars). The first Incentive Fund payment of $48,150 (Forty eight thousand
and one hundred fifty dollars) shall be disbursed upon execution of the Agreement. The final payment of
$5,350 (Five thousand and three hundred fifty dollars) shall be disbursed upon approval of the final project
report.
IV. INDEMNIFICATION AND INSURANCE
1. Each City agrees to defend, indenmify, and hold harmless the County, its officials, officers, agents,
volunteers and employees from any liability, claims, 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 it, and/or anyone for whose acts
and/or omissions it may be liable for in the performance of the services required by this contract, and
against all loss by reason of the failure of it to perform fully, in any respect, all obligations under this
contract.
2. In order to protect the Cities and those listed above under the indenmification provision, the Cities 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
a. Commercial General Liability on an occurrence
basis with contractual liability coverage:
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General Aggregate
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence-Combined Bodily
Injury and Property Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
b.
Automobile Liability covering owned, non-owned, and hired
Automobiles or "Any Auto";
Statutory
c. Workers' Compensation and Employer's Liability:
Workers' Compensation
Statutory
Employer's Liability. Bodily injury by:
Accident-Each Accident
Disease..Policy Limit
Disease-Each Employee
$100,000
$500,000
$100,000
d.
Professional Liability-Per Claim and Aggregate
$1,000,000
3. The above establishes minimum insurance requirements. It is the sole responsibility of the Cities to
determine the need for and to procure additional coverage that may be needed in connection with this
Agreement. Copies of insurance policies shall be submitted to the County upon written request
v. INDEPENDENT CONTRACTOR
The Cities 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 Cities as the agent, representative, or employee of the County for any
purpose or in any manner whatsoever. The Cities are to be and shall remain an independent contractor with
respect to all services performed under this Agreement. The Cities represent that they have or will secure at
their own expense all personnel required in performing services under this Agreement. Any and all personnel
of the Cities or other persons while engaged in the performance of any work or services required by the Cities
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 Cities, their officers, agents, contractors, or employees shall in no way be the responsibility of the
County. The Cities shall defend, indemnify, and hold the County, its officials, officers, agents, volunteers,
and employees harmless 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.
VI. COMPLIANCE WITH LAWS
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The Cities agree to comply with all applicable state and federal statutes, regulations, and ordinances
pertaining to solid waste management and recycling in force or hereafter enacted including, but not limited
to, the applicable provisions in MN Statutes Chapter IISA.
VII. NON DISCRIMINATION - AFFIRMATIVE ACTION
The Cities and any subcontractors or contractors performing services as part of this Agreement, shall follow
the Cities' Affirmative Action policy against discrimination.
VIII. DATA PRIVACY
The Cities, their officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by
the provisions of the Minnesota Government Data Practices Act, MN Statutes Chapter 13, and all other
applicable state and federal laws, rules, regulations and order relating to data privacy or confidentiality, and
as any of the same may be amended. Each City agrees to defend, indemnify and hold the County, its
officials, officers, agents, employees, and volunteers harmless from any claims resulting from the City's own
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.
IX. RECORD AVAILABILITY
The Cities agree that the County, the State Auditor, or any of their duly authorized representatives at anytime
during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the
right to examine, audit, exceIpt, and transcribe any books, documents, papers, records, etc., which are pertinent to
the accounting practices and procedures of the Cities 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 the
contract and for six (6) years after its termination or cancellation per MN Statutes Chapter 16C.05 sub. 5.
X. MERGER AND MODIFICATION
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 incOIporated or attached and are deemed to be part of this Agreement.
Anyaherations, 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.
XI. TERMINATION
The County and the Cities, as an entire group, may terminate this Agreement by written notice to the other
party at least thirty (30) days prior to the specified effective date of termination. In addition, the County shall
have the right to terminate this Agreement on ten (10) days written notice if the Cities' performance is not
timely or is substantially unsatisfactory or if the Cities have violated any of the covenants, agreements, or
stipulations in this Agreement. Notwithstanding the above, the Cities shall not be relieved of liability to the
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County for damages sustained by the County by virtue of any breach of the Agreement by the Cities. The
County may withhold any payment to the Cities for the purpose set forth until such time as the exact amount
of damages due the County from the Cities is determined. Upon early termination of this Agreement, the
Cities shall return any Incentive Funds not expended to the date of termination to the County.
XII. CONTRACT ADMINISTRATION
In order to coordinate the service of the Cities with the activities of the Department of Environmental
Services so as to accomplish the purposes of this Agreement, Carl Michaud, Solid Waste & Recycling
Program Manager, will manage this Agreement on behalf of the County and will serve as liaison between the
County and the Cities.
XIII. CONFLICT OF INTEREST
Each City affirms that to the best of the its knowledge, its involvement in this contract does not result in a
conflict of interest with any party or entity that may be affected by the terms of this contract. Each City
agrees that, should any conflict or potential conflict of interest become known to it, it will immediately notify
the County of the conflict or potential conflict, specifying the part of this contract giving rise to the conflict
or potential conflict, and will advise the County whether the it will or will not resign from the other
engagement or representation.
XIV. PROMOTIONAL LITERATURE
The Cities agrees that the terms "Hennepin County" or any derivative thereof shall not be utilized in any
promotional literature, advertisements of any type of form or client lists without the express prior written
consent of the County.
xv. MINNESOTA LAWS GOVERN
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 contract is held
invalid, illegal or unenforceable, the remaining provisions will not be affected.
XVI. LIMITATION ON INDEMNIFICATION
Nothing in this Agreement constitutes a waiver by the Cities of any statutory or common law defenses,
immunities, or limits on liability. The indemnification obligation of each City under this Agreement cannot
exceed the amount that each City would be obligatoo to pay under the provisions and limitations of MN
Statutes Chapter 466.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives as to this _ day of , 2001.
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Approved as to form:
By:
Assistant County Attorney
Mike Opat
Chair of Its County Board
Date:
Date:
And:
Approved as to execution:
Assistant / County Administrator
Date:
Assistant County Attorney
Attest:
Deputy / Clerk of the County Board
Date:
Date:
NOTE: Individual signature pages, for each
individual city executing this Agreement,
constitute the remainder of this Agreement
Director, Dept. of Environmental Services
Date:
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Approved as to execution:
City Attorney
Date:
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CITY OF HOPKINS
STATE OF MINNESOTA
By:
Title:
Date:
And:
Title:
Date: