CR 09-017 Approve Agreement for Purchase of Services between City of Hopkins and Hennepin Councy Department of Community Corrections and RehabilitationCITY OF
I*
H OPKINS
February 25, 2009
Council Report 2009 -017
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 authorize
the Mayor and City Manager to sign an agreement for purchase of services
through the Hennepin County Sentencing to Service work program.
Overview.
This is an agreement whereby the City agrees to pay the County $24,720 for
various work performed for the City by a six -eight person crew, 3 days per week,
6 hours per day, from May 1, 2009 — October 31, 2009. Additionally, the
agreement includes the same services during the year 2010 at a cost of $25,462.
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
landscaped areas along Excelsior Boulevard, at the CSAH 73/5 intersection and
within the Downtown areas; miscellaneous grass mowing; parking ramp
maintenance; and other tasks, as assigned.
The City has successfully used the Hennepin County Sentencing to Service work
program during the past two years and they have done a good job of maintaining
the Excelsior Blvd corridor, Downtown Park, City Hall and other areas. There
have been no negative consequences involving the work crews and the public
and the Hennepin County supervisor is always on -site and in communication with
a Parks employee or Foreman.
The cost for these services is included in the 2009 Parks budget. Staff
recommends approval.
Supporting Information.
• Proposed unty Agreement
Steven J. Stadler
Public Works Director
Financial Impact: $ 24,720 Budgeted: Y/N Y Source: PW General Fund
Related Documents (CIP, ERP, etc.): 2009 Parks budget
Notes:
Contract No: A090078
SERVICES AGREEMENT
SENTENCING TO SERVICE PROGRAM
WITH GOVERNMENTAL UNIT
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 Community Corrections and Rehabilitation, C -2300
Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 ( " DEPARTMENT ")
and the CITY HOPKINS, 11100 Excelsior Boulevard, Hopkins, MN 55343 (the "CITY ").
WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program)
which offers offenders an opportunity to learn construction and other marketable skills; and
WHEREAS, the CITY wishes to purchase the services of the STS Program;
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
This Agreement shall be in effect from May 1, 2009 through October 31, 2010, unless
terminated earlier in accordance with the Default and Cancellation provisions of this
Agreement.
The total cost of this Agreement, including all reimbursable expenses, shall not exceed:
A. Twenty -Four Thousand, Seven Hundred and Twenty Dollars ($24,720.00) for the
period May 1, 2009 to October 31, 2009, and
B. Twenty -Five Thousand, Four Hundred and Sixty -Two Dollars ($25,462.00) for
the period May 1, 2010 to October 31, 2010.
2. SERVICES TO BE PROVIDED
The CITY wishes to utilize the services of the STS Program participants to perform labor
intensive forestry, park maintenance and street maintenance related projects (the
"Work ").
The DEPARTMENT agrees to the following with respect to the Work requested:
A. Provide one (1) work crew three (3) days per week for the period of May 1, 2009
to October 31, 2010. Provide work crews for a minimum of six (6) hours per day,
excluding paid breaks. A work crew will consist of a minimum of eight (8)
participants per day, excluding the crew leader.
(STS Form /Governmental Unit - Revised 12/08)
Page 1 of 5
B. Provide work crews for a minimum of six (6) hours per day, excluding paid
breaks. A work crew will consist of a minimum of eight (8) participants per day,
excluding the crew leader.
C. Provide COUNTY employed crew leader who will be responsible for
transportation, instruction and supervision of the STS Program work crew.
D. Provide required personal safety equipment and clothing needed for specific
work.
E. Provide basic construction tools and equipment needed for specific work.
F. Train each STS Program work crew in necessary safety principles and techniques.
G. Provide quarterly reports to the CITY that show the number of days worked and
total hours of service received.
H. Assume all medical liability for the STS Program participants.
3. RESPONSIBILITIES OF THE CITY
The CITY agrees to the following:
A. Obtain all necessary permits or licenses or special authority for all Work.
B. Assign all work and coordinate material purchases and delivery for projects to be
performed.
4. COST AND PAYMENT FOR SERVICES
A. The CITY shall pay the COUNTY:
1. Twenty -Four Thousand, Seven Hundred and Twenty Dollars ($24,720.00)
in 2009 for the services described in this Agreement, and
2. Twenty -Five Thousand, Four Hundred and Sixty -Two Dollars
($25,462.00) in 2010 for the services described in this Agreement.
B. Payment for services performed by the COUNTY shall be paid by the CITY
within thirty (30) days from the date of invoice. The COUNTY will invoice for
services on a quarterly basis a sum of one -fourth (1/4) the annual amount due..
5. INDEPENDENT CONTRACTOR
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 employee of the other party for any purpose. Each party is and shall remain an
independent contractor for all services performed under this Agreement. Each party shall
(STS Form /Governmental Unit- Revised 12/08)
Page 2of5
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 relationship with the other party and
will not be considered employees of the other party.
INDEMNIFICATIO
Each party agrees that it will be responsible and 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 the law and shall
not be responsible for the errors, acts and omissions of the other party and the results
thereof. Notwithstanding anything to the contrary in this Section 6, the COUNTY shall
have no liability to the CITY 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. Each party's liability shall be
governed by and limited in accordance with Minnesota Statutes, Chapter 466.
7. 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.
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.
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. 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.
10. DEFAULT AND CANCELLATION
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 the 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
(STS Form /Governmental Unit - Revised 12/08)
Page 3 of 5
in its entirety. Additionally, failure of the CITY to comply with the terms of this
Agreement shall be just cause for the COUNTY to immediately cease providing
services under this Agreement until the CITY's 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 the
Agreement.
D. This Agreement may be cancelled with or without cause by either party upon
thirty (30) days written notice.
11. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the Hennepin
County Department of Community Corrections and Rehabilitation, so as to accomplish
the purposes of this Agreement, John Ekholm, Acting Sentencing to Service Program
Manager, or his successor (Contract Administrator), shall manage this Agreement on
behalf of the COUNTY and serve as liaison between the COUNTY and the CITY.
12. 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 the CITY shall be sent to the address stated in the opening
paragraph of the Agreement.
13. 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.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
(STS Form /Governmental Unit - Revised 12/08)
Page 4 of 5
COUNTY BOARD AUTHORIZATION
Reviewed by the County COUNTY OF HENNEPIN
Attorney's Office STATE OF MINNESOTA
Date:
* The City shall submit applicable documentation (articles, bylaws, resolutions or ordinances)
that confirms the signatory's delegation of authority. This documentation shall be submitted at
the time the Agreement is returned to the County.
Chair of Its County Board
ATTEST:
Deputy /Clerk of County Board
Date:
And:
Assistant/Deputy /County Administrator
Date:
CITY OF HOPKINS
The CITY warrants that the person who executed
this Agreement is authorized to do so as required by
applicable articles, bylaws, resolutions or
ordinances.*
By:
Rick Getschow
Its: City Manager
Date:
And By:
Eugene Maxwell
Its: Mayor
Date:
(STS Form /Governmental Unit- Revised 12/08)
Page 5 of 5