CR 08-079 Approve Municipal Recycling Grant Agreement~~TY OF
August 15, 2008 Council Report 2008-079
NAPKINS
APPROVE MUNICIPAL
RECYCLING GRANT AGREEMENT
Proposed Action
Staff recommends adoption of the following motion: "Move that Council approve
Municipal Recycling Grant Agreement 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 2008 Hennepin County Municipal Recycling Grant Application.
The 2008 grant payment to the City is scheduled to be mailed out some time in
September. The grant payment amount for 2008 will be $24,176. This is $2,776
more than the $22,000 budgeted for 2008.
Primary Issues to Consider
• Agreement Terms
The agreement is in force from January 1, 2008 through December 31, 2010.
Either party may cancel the agreement upon thirty (30}days written notice
Supporting Information
• Proposed Agreement
ny A. Clive, Solid Waste Coordinator
Financial Impact: $24,776 Revenue Budgeted: Y Source: Refuse Utility
Related Documents (CIP, ERP, etc.):
Notes:
Contract No: A081233
RESIDENTIAL RECYCLING GRANT AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA
(the "COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the
Hennepin County Department of Environmental Services, 417 North Fifth Street, Minneapolis,
Minnesota 55401-1397 ("DEPARTMENT") and the CITY OF HOPKINS, 11100 Excelsior
Boulevard, Hopkins, Minnesota 55343 ("CITY").
WITNESSETH:
WHEREAS, the County Board, by Resolution Na. 07-539, adopted on November 27,
2007, approved the Hennepin County Residential Recycling Funding Policy for the period
January 1, 2008, through December 31, 2010, and authorized grant funding for municipal
recycling programs consistent with said policy; and
WHEREAS, the CITY operates a municipal curbside residential recycling program and
other waste reduction and recycling activities (the Recycling Program} as described in their grant
application referred to in Section 2 below; and
WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Chapter
1 I SA; the Office of Environmental Assistance Solid Waste Management Policy Plan; Hennepin
County's Solid Waste Management Master Pian; 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,
2010.
b. The initial grant payment for the year 2008 shall be equal to twenty-four thousand
seven hundred seventy-six dollars ($24,776). Grant payments for subsequent
years shall be calculated as set forth in Section 3.
2. SERVICES TO BE PROVIDED
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.
The CITY agrees to submit an updated Grant Application each year of the term of
this Agreement in order to be eligible for future grant funds. The terms of the
Grant Application, as updated each year, are incorporated herein by reference.
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 2007 base year
figure. The base year figure is determined by dividing total pounds of
recyclables collected in 2007 by the total number of households
participating in the curbside recycling program in 2007. 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. The CITY may also be required to participate
in COUNTY sponsored waste and recycling sorts to identify recovery
levels of various recyclables in their community and to participate in
efforts to increase recovery of target select recyclable materials being
discarded in significant quantities. If the average pounds per household in
any given year decreases from the base year by more than ten percent
(10%), the COUNTY reserves the right to withhold the CITY's grant
funds until the COUNTY is satisfied that reasonable efforts have been
made to maintain the base year pounds per household.
2. At a minimum, the CITY shall collect the following materials at curbside:
a. Newspaper and inserts;
b. Cardboard boxes;
c. Glass food and beverage containers;
d. Metal food and beverage containers;
e. All plastic bottles, except bottles that previously contained
hazardous materials or motor oil;
f. Magazines and catalogs;
g. Cereal, cracker, pasta, cake mix, shoe ,gift, and electronics boxes;
h. Boxes from toothpaste, medications, and other toiletries; and
i. Mail, office, and school papers.
3. The CITY must estimate its participation rate in the curbside recycling
program during the month of October of each year. Methodology for
measuring participation must be approved by the COUNTY.
4. The CITY shall submit, on forms provided by the COUNTY, a Fina12008
Report by February 15, 2009; a Final 2009 Report by February 15, 2010;
and a Final 2010 Report by February 15, 2011. The CITY shall submit an
updated Grant Application by February 15 of each year.
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5. All grant funds accepted by the CITY from the COUNTY pursuant to this
Agreement shall be used to operate its Recycling Program, including
capital and operating expenses related thereto, in the year granted. The
CITY shall not retain any grant 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 COUNTY grant funds.
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 and 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
grant funds provided that at least ninety percent (90%) of the grant funds
are credited back to residents and the CITY meets all minimum program
requirements. The additional ten percent (10%) of grant funds maybe
used for CITY administrative and promotional expenses.
3.
METHOD OF PAYMENT
a. The COUNTY will distribute grant funds annually only to the extent the
COUNTY has received SCORE funds from the State of Minnesota. SCORE
funds are based on revenue received by the State of Minnesota from a sales tax on
garbage collection and disposal fees and are subject to change based on revenue
received and allocated by the State. The CITY will receive grant funds per the
formula below:
# of Households
Serviced Curbside by Total SCORE Grant Funds
CITY Revenue
X Received by = Distributed to
COUNTY from State CITY
of Minnesota
Total # of
Households Serviced
Curbside in
COUNTY
b. Under no circumstances will the COUNTY'S distribution of grant funds exceed
the CITY's proportion of SCORE fund revenues received by the COUNTY.
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c. The initial grant fund payment will be forwarded after the County Board receives
and approves this Agreement signed by an authorized official of the CITY.
Provided the CITY is otherwise in compliance with the terms of this Agreement,
future grant fund payments will be made after submittal by the CITY and
approval by the COUNTY of the updated Grant Application and Final Report as
described in Section 2 and receipt by the COUNTY of SCORE funds from the
State of Minnesota.
4. INDEPENDENT CONTRACTOR
CITY shall select the means, method, and manner of performing the services. Nothing is
intended or should be construed as creating or establishing the relationship of co-partners
between the parties or as constituting CITY as the agent, representative, or employee of
the COUNTY for any purpose. CITY is and shall remain an independent contractor for
all services performed under this Agreement. CITY shall secure at its own expense all
personnel required in performing services under this Agreement. Any personnel of CITY
or other persons while engaged in the performance of any work or services required by
CITY will have no contractual relationship with the COUNTY and will not be considered
employees of the COUNTY. The COUNTY shall not be responsible for any claims that
arise out of employment or alleged employment under the Minnesota Economic Security
Law or the Workers' Compensation Act of the State of Minnesota on behalf of any
personnel, including, without limitation, claims of discrimination against CITY, its
officers, agents, contractors, or employees. CITY shall defend, indemnify, and hold
harmless the COUNTY, its officials, officers, agents, volunteers, and employees from 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 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
A. CITY agrees to defend, indemnify, 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 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 of the failure
of CITY to perform any obligation under this Agreement.
B. In order to protect CITY and those listed above under the indemnification
provision, CITY agrees at all times during the term of this Agreement, and
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beyond such term when so required, to have and keep in force the following
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:
General Aggregate $2,000,000
Products-Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,000,000
Each Occurrence-Combined Bodily
Injury and Property Damage 1,000,000
2. Workers' Compensation and Employer's Liability:
Workers' Compensation Statutory
If CITY is based outside the State of Minnesota,
coverage must apply to Minnesota law. In
accordance with Minnesota law, if CITY is a sole
proprietor, it is exempted from the above
Workers' Compensation requirements. In the
event that CITY should hire employees or
subcontract this work, CITY shall obtain the
required insurance.
Employer's Liability. Bodily injury by:
Accident-Each Accident 500,000
Disease-Policy Limit 500,000
Disease-Each Employee 500,000
C. An umbrella or excess policy over primary liability insurance coverages is an
acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. Upon written request,
CITY shall promptly submit copies of insurance policies to the COUNTY.
6. DATA PRACTICES
CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors
shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (MGDPA), 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. 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
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subcontractors' unlawful disclosure and/or use of such protected data, or other
noncompliance with the requirements of this section. CITY agrees to promptly notify the
COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims,
under the MGDPA. The terms of this section shall survive the cancellation or
termination of this Agreement.
7. RECORDS -AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CITY agrees
that the COUNTY, the State Auditor, the Legislative Auditor or any of their 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 examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of CITY and involve transactions relating to this
Agreement. CITY shall maintain these materials and allow access during the period of
this Agreement and for six (6) years after its termination or cancellation.
8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to the
COUNTY for all covenants, agreements and obligations contained in the contract
documents.
B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior written consent of the COUNTY. A consent to assign
shall be subject to such conditions and provisions as the COUNTY may deem
necessary, accomplished by execution of a form prepared by the COUNTY and
signed by CITY, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve CITY of its liabilities and obligations under
the Agreement.
C. CITY shall not subcontract this Agreement and/or the services to be performed,
whether in whole or in part, without the prior written consent of the COUNTY.
Permission to subcontract, however, shall under no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further, CITY shall be fully
responsible for the acts, omissions, and failure of its subcontractors in the
performance of the specified contractual services, and of person(s) directly or
indirectly employed by subcontractors. Contracts between CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with the terms and conditions specified.
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
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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. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
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.
10. DEFAULT AND CANCELLATION
A. If 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, it shall be
in default. Unless 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 to delay payment until CITY's compliance. In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to CITY.
B. Upon early termination or cancellation of this Agreement, the CITY shall itemize
any and all grant funds expenditures up to the date of termination or cancellation
and return such grant funds not yet expended.
C. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to the COUNTY for damages sustained by the COUNTY by virtue
of any breach of this Agreement by CITY. Upon notice to CITY of the claimed
breach and the amount of the claimed damage, the COUNTY may withhold any
payments to CITY for the purpose ofset-off until such time as the exact amount
of damages due the COUNTY from CITY is determined. Following notice from
the COUNTY of the claimed breach and damage, CITY and the COUNTY shall
attempt to resolve the dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement, 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 of the
Agreement.
F. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice.
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G. In the event the COUNTY does not receive any SCORE funds, this Agreement
will be terminated upon written notice by the COUNTY.
H. Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA
PRACTICES; RECORDS-AVAILABILITYIACCESS; DEFAULT AND
CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW
GOVERNS.
1 1. 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 of this contract, Dave McNary,
Solid Waste Division 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
CITY shall comply with all applicable federal, state and local statutes, regulations, rules
and ordinances currently in force or later enacted.
13. PAPER RECYCLING
The COUNTY encourages 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 under 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 CITY shall be sent to the address stated in the opening paragraph of the
Agreement or to the address stated in CITY's Form W-9 provided to the COUNTY.
1 S. PROMOTIONAL LITERATURE
CITY agrees that the terms "Hennepin County" or any derivative 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.
lb. 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
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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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COUNTY BOARD AUTHORLZATION
Reviewed by the County Attorney's COUNTY OF HENNEPIN
Office ~ STATE OF MINNESOTA
By:
Assistant County Attorney Chair of Its County Board
Date: ATTEST:
Deputy/Clerk of County Board
By:
Richard P, Johnson, County Administrator
Date:
By. `
Assistant County Administrator, Public Works
Date:
Recommended for Approval
By:
Director, Department of Environmental Services
Date:
CITY OF HOPI~NNS*
Signature:
CITY OF HOPHINS*
Signature:_
Name:
(Printed Name)
Title:
(Printed Title)
Date:
Name:
(Printed Name)
Title:
(Printed Title)
Date:
* CITY shall submit upon request by COUNTY documentation (articles, bylaws, resolutions, or
ordinances) that confirms the signatory's delegation of authority,
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