CR 92-098 Waste Management Agreement
April 21, 1992
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council Report No: 92-98
ADOPT RESOLUTION NO. 92-37 AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE A GRANT AGREEMENT BETWEEN THE OFFICE OF WASTE MANAGEMENT AND
THE CITY OF HOPKINS ON BEHALF OF UNITED RECYCLING
Proposed Action.
Staff recommends the following motion: "Move to adopt Resolution 92-37
authorizinq the Mayor and city Manaqer to execute a grant aqreement
between the Office of Waste Manaqement (OWM) and the city of Hopkins
on behalf of united Recyclinq."
Overview.
In January of this year, the City Council passed Resolution No. 92-01
authorizing sponsorship of United Recycling in their pursuit of a
grant from the Office of Waste Management (OWM). On March 20, 1992
the City was notified that this grant request was approved in the
amount of $50,000. We are now required, as part of this grant
process, to pass a resolution authorizing one or more individuals to
sign all six copies of the Agreement. Once all copies are signed and
returned to the OWM, a fully executed copy will be returned to us
after which funds will be disbursed to the city for re-disbursement to
united Recycling.
Primary Issues to Consider.
o Does the city want to continue it's role in sponsorship?
o Is a Resolution necessary?
Supporting Information.
o Analysis of Issues
o Resolution 89-14
o Resolution 92-01
o March 20, 1992 Letter from OWM
o Copy of the Agreement with United Recycling
o Copy of OWM Grant Agreement
o Proposed Resolution 92-37
K~1t '1 C 111fl'Y
Kathy Max, Recycling Coordinator
Council Report No. 92-98
Page 2
Analysis of Issues.
o Does the city want to continue it's role in sponsorship?
The city has resolved to sponsor united Recycling in their
pursuit of a Solid Waste Separation Grant through Resolution 92-
01. We have been notified that this grant has been approved and
as part of the grant requirements we must enter into an agreement
with the Office of Waste Management. It is our intent to enter
into an agreement with united Recycling as well (see attached
agreement), which will clarify the roles and responsibilities of
the city and united recycling.
After contracts are executed, both with OWM and united Recycling,
there will be limited city liability and involvement. The
benefit would be in being associated with promoting a potentially
successful recycling effort. Staff time spent on this project is
minimal and is justified by Resolution 89-14 which resolves to
increase recycling efforts in order that larger percentages of
the cities waste stream be diverted from landfills and other
solid waste disposal facilities. Because united Recycling will
be servicing three area carpet dealers, local residents will have
this service available to them.
o Is a resolution necessary?
On March 20, 1992 the city was notified that as part of the grant
process it would be necessary to pass a resolution authorizing
one or more individuals to sign all six copies of the Agreement
between the city and the OWM. A copy of the adopted resolution
must be attached to each of the six completed agreement copies
all bearing original signatures and dates.
CITY OF HOPKINS
RESOLUTION NO. 89-14
AFFIRHING THE CITY OF HOPKINS' COHHITHENT TO INCREASE THE PERCENTAGE OF
SOURCE-SEPARATED RECYCLING
WHEREAS, the Metropolitan Council, by State Statute, has established a
source-separation goal of at least sixteen percent (161.) for Hennepin
County; and
WHEREAS. Hennepin County, in order to achieve that goal, has established a
source separation goal for municipalities to recycle 10~ of the residential
waste stream consisting of a minimum three types of materials including
paper, glass and cans by December 31, 1989; and
WHEREAS, the City of Hopkins is committed to aChieving the source-
separation goals establ ished by Hennepin County; and
WHEREAS, the City of Hopkins recognizes the necessity for increasing it's
recycling efforts in order that a larger percentage of the City's waste
stream be diverted from landfil Is or other solid waste disposal facilities;
NOW, THEREFORE, BE IT RESOLVED, that the City of Hopkins hereby affirms its
commitment to increase the level of abatement of the City's waste to
achieve Hennepin County's 101. goal by December 31, 1989 through increased
source separated recyc] ing activity; and
BE IT FURTHER RESOLVED, that the City of Hopkins hereby affirms its
commitment to provide convenient and cost-efficient recycl ing programs
which will provide the residents of Hopkins with the opportunity to reduce
the amount of refuse they produce by recycling. Currently, the programs
provided by the City include weekly collection for residents in single
family to tri-plex unit dwell ings, a drop off center for residents and
sma 1 1 businesses not serviced by the collection program, separate yard
waste and brush collection, and a special spring clean up collection
program; and
BE IT FURTHER RESOLVED, that the City staff be directed to expand current
recycling program efforts to include convenient and cost-efficient
recycling collection to townhouses, condominiums and apartment buildings;
and
BE IT FURTHER RESOLVED, that the City staff continue to work closely with
private recycling efforts, encouraging such activity to increase the level
of abatement of the City's waste stream.
CITY OF HOPKINS
RESOLUTION NO. 92-01
AUTHORIZATION TO SPONSOR UNITED RECYCLING IN THE PURSUIT
OF A GRANT APPLICATION FROM THE OFFICE OF WASTE MANAGEMENT
WHEREAS, Pursuant to Minnesota Statute addressed in, the waste
Management Act of 1991, the Office of Waste Management is directed to
provide for'the establishment of technical and research assistance programs
for generators of industrial waste in the state, and,
WHEREAS, united Recycling has requested that the City of Hopkins
sponsor them in their submittal of a grant application to the Office of
Waste Managment for a Solid Waste Collection & Segregation Grant, and,
WHEREAS, the grant request is for funds to develop a collection and
recycling system for carpet, pad and plastic wrappers from the carpet
industry which will ultimately divert waste from landfills and other waste
disposal, facilities, and,
WHEREAS, as a requirement of the grant application process the grantee
must have City or County sponsorship, and
WHEREAS, the city of Hopkins has previously resolved that it
recognizes the necessity to increase recycling efforts in order that larger
percentages of the city's waste stream be diverted from landfills and other
solid waste disposal facilites, and,
WHEREAS, united Recycling will be offering services to businesses
within the city of Hopkins, and
WHEREAS, the city's sponsorship responsibilities are limited tL.,
entering into a contract with the Office of Waste Management, acting as
liason between them and United Recycling for re-disbursement of grant
funds, and entering into a contract with united Recycling, and,
WHEREAS, the city's liability is limited to determining that United
Recycling will make a good faith effort to comply with and fullfill the
grant requirements;
THEREFORE, BE IT RESOLVED, that the City of Hopkins, City Council
agrees to sponsor united Recycling in it's pursuit of a grant from the
Office of Waste Managment for the specific purpose of recycling carpet, pad
and plastic wrappers, and,
BE IT FURTHER RESOLVED, that as a stipulation of said sponsorship,
united Recycling will enter into a binding agreement with the City of
Hopkins prior to commencement of sponsorship which will make united
Recycling responsible for all grant requirements, fees and penalities.
Adopted by the city Council of the City of Hopkins this 7th day of January,
1992.
BY
Nelson W. Berg, May~
ATTEST:
City Clerk
MINNESOTA
OFFICE
OF WASTE
MANAGEMENT
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1350 Energy lane
St. Paul, Minnesota 55108
(612) 649.5750
MN Toll Free
1.800.652.9747
March 20, 1992
The Honorable Nelson W. Berg
Mayor
1010 South 1st Street
Hopkins, Minnesota 55343
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Dear ~~y.or'lI(e?if:
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The Minnesota Office of Waste Management (OWM) has completed its
evaluation of the proposals submitted to the Solid Waste
Separation (LOW-TECH) Grant Program. This letter serves to
inform you that the OWM is awarding the City of Hopkins a grant
in the amount of $50,000.
.
As a grant recipient, the City of Hopkins must execute a grant
agreement with the OWM that identifies the conditions of the
grant award. The enclosed Agreement (six copies) outlines the
roles and responsibilities of both the City of Hopkins and the
State of Minnesota.
In order to formalize the Agreement, the OWM requests that:
1. The City of Hopkins pass a resolution authorizing one or
more individuals to sign all six copies of the Agreement;
and
2. Attach the resolution to each copy of the Agreement and
return all copies (all bearing original signatures and
dates) to Erin Barnes-Driscoll at the OWM.
The OWM will execute the Agreement once you have returned the
signed copies. A fully executed Agreement will then be returned
to you for your records. Please remember that grant funds shall
not be awarded to eover any grant eligible eost assoeiated with
tasks performed before the execution of a grant agreement.
.
Printed on Recycled Paper
Equal Opportunity Employer
The Honorable Nelson W. Berg
Page two
I want to congratulate you on your efforts to improve solid waste
management in Minnesota. If you have any questions, please
contact Tom Osdoba of my staff at 612-649-5773.
sincerely,
~"~~
Dottie Rietow
Director
Enclosure
cc: Mr. Lee Gustafson, Public Works Director
Mr. James D. Bonneville, united Recycling
.
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CITY OF HOPKINS
SPONSORSHIP AGREEMENT FOR OFFICE OF WASTE MANAGEMENT GRANT
This Agreement is made on this .7)."\ day of \;\ ~",,-,,--
" ,
,
1992, between CITY OF HOPKINS, 1010 First Street South,
Hopkins, Minnesota 55343 ("City") and UNITED RECYCYLING, INC.
("United").
RECITALS:
1. The Waste Management Act of 1991 has directed the
Office of Waste Managmenet ("OWM") to establish research and
technical assistance programs in the generation of industrial
waste.
2. Funding is available through the office of OWM to
implement a recycling system for carpet, pad and plastic
wrappers from the carpet industry to divert such waste from
landfills and other waste disposal facilities.
3. OWM requires a grant recipient be a unit of local
government who in turn may sponsor a private industry to
utilize grant proceeds in implementing and carrying out the
recycling process defined in the grant agreement.
NOW, THEREFORE, the parties mutually agree as follows:
1. United shall develop a collection and recycling
system for carpet, carpet pad and plastic wrappers generated
by the carpet industry to divert such waste from landfills
and other waste disposal facilities.
2. City shall disburse grant funds to United on an as
needed
basis and
in accordance with
requirements and
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obligations set forth in the OWM grant agreement, a copy of
which is attached hereto and made a part of this agreement.
3. United shall use such grant proceeds in the
development and implementation of the recycling described
herein and shall acquire by purchase sucp equipment to
accomplish such recycling goal as outlined herein.
4. Disbursement of grant funds by City to United shall
not exceed the OWM grant amount of Fifty Thousand Dollars
($50,000.00) nor shall this Agreement be construed to expand
City's liability and responsibility beyond City's
determination of good faith efforts by United to comply with
and fulfill all grant requirements, fees and penalties, if
any.
5. City will require of any and all subcontractors,
liability and automobile insurance which at a minimum meets
standards established by the City. United shall not execute
any contract prior to the receipt of a Certificate of
Insurance from such subcontractors covering the period of
this Agreement nor shall grant funds be disbursed to cover
any grant eligible cost associated with tasks undertaken by
and performed by United prior to the execution of the
attached grant agreement.
6. United shall indemnify and hold harmless and defend
City, its agents and employees from and against all claims,
actions, demands, damages, costs, losses and expenses of any
nature or form whatsoever and by whomever brought including
governmental entities for whatsoever reason including payment
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of all attorney fees and other costs related to or resulting
from any error, omission or negligence in the performance of
this Agreement by United, its employees, subcontractors,
suppliers, materialmen, agents or consultants.
7. United shall prepare annual ~eports in the
development and operation of the recycling project for a
period of three years following the date of this Agreement in
a manner and form specified by OWM. United shall submit such
annual reports no later than one week prior to each
anniversary date of this Agreement.
8. United shall be deemed to be an independent
contractor and not a City employee for the purposes of this
Agreement. Employees of United or other persons while
engaged in the performance of any work or service required
hereunder shall not be considered employees of City and any
and all claims arising under the Worker's Compensation Act of
Minnesota on behalf of such employees or other persons and
any and all claims by third parties as a consequence of any
act or omission on the part of United shall in no way be the
obligation or responsibility of the City.
9. United shall pay to City the sum of Two Thousand
Nine Hundred Eighty Dollars ($2,980.00) for the purchase from
it of 149 three hundred gallon waste containers with interest
thereon at seven percent (7%) monthly commencing upon the
date of purchase until full payment by United. United shall
further reimburse City for attorney fees it incurred in
connection with this agreement in the sum of One Hundred
Twenty ($120.00).
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10. United shall comply with all provisions and
requirements
of
State and local laws, regulations and
ordinances pertaining to nondiscrimination and affirmative
action in employment.
11. The term of this Agreement shal~ be for a period
of three (3) years and shall terminate upon United's failure
to perform its responsibilities pursuant to this Agreement.
IN WITNESS WHEREOF, this Agreement was signed the day
and year first above written.
CITY OF HOPKINS
By
Its
By
Its
UNITED RECYCLING, INC.
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
laws
was acknowledged before me
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the
City of Hopkins, a municipal
Minnesota, on behalf of the
The
foregoing
day of
instrument
this
and
and
corporation under the
municipal corporation.
of
of
Notary Public
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
was acknowl~ged Re~re me
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of United Recy~ing, Inc., a
laws of Minnesota, on behalf of the
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EXHIBIT A
. '
STATE OF MINNESOTA
SOLID WASTE SEPARATION GRANT AGREEMENT
, by and between
the CITY OF HOPKINS
and the STATE OF MINNESOTA, acting through its
OFFICE OF WASTE MAJ\1AGEMENT
THIS GRANT AGREEMENT (Agreement) is entered into by and between the
Scate of Minnesota, acting through its Office of Waste Management (OWM) and the City
of Hopkins (Grantee).
WHERE.~S, the OWM is authorized by Minn. Stat. ~ 115A06, subd. 8 (1990) to
enter into contract~ to, among other purposes, implement its grant programs; and
WHEREAS, the OWM administers a Solid Waste Separation (LOW-TECH)
Grant Program in accordance with Minn. Stat., sections 115A49 to 115A53 (1990) and
Minn. Rules pts. 9210.0400 to 9210.0460 (1990); and
WHEREAS, the Grantee applied to the OWM for a grant under the LOW-TECH
Grant Program; and
WHEREAS, on March 17, 1992, the Director of the OW'.M approved a grant .
award to the Grantee in the amount of $50,000;
NOW THEREFORE, the OWM and the Grantee agree as follows:
A. Interpretation of A2reement
This Agreement shall be interpreted pursuant to the laws of the State of
Minnesota. All attachments to this Agreement shall be considered integral and
enforceable parts of this Agreement.
B. Disbursement of Grant Funds
The OWM shall disburse a total of $50,000 in grant funds to the Grantee
according to the following schedule:
1. The OWM shall disburse seventy-five (75) percent of the funds upon the
dfective date of this Agreement; and
2. The OWM shall disburse the remaining twenty-five (25) of the funds one
(1). year after the effective date of this Agreement or as soon as the Grantee has
submitted the first annual report summarizing the operational history of the proje'ct and
documenting all incurred expenditures, including receipts for capital costs, whichever
comes later.
C. Use of Grant Funds
By accepting the grant funds disbursed under this Agreement, the Grantee agrees
to the follow limitations: '
1. The Grantee shall implement the activities set forth in Attachment A in the
time and manner described in Attachment A.
2. The Grantee shall use grant funds solely for the eligible costs, as defined in
Minn. Rules pt. 9210.0420, subpart 3, of the activities identified in Attachment A.
3. The Grantee shall use grant funds solely for the eligible costs of only those
tasks that are undertaken after the effective date, of this Agreement and completed
during the term of this Agreement. .
4. The Grantee shall return to the Ow:M all grant funds that have not been
expended before the completion of all activities to be taken under this Agreement or the
expiration of this Agreement, whichever is sooner.
D. Reporting: ReQuirements
1. The Grantee shall prepare annual reports on the developmental and
operational history of the project for the three (3) years this Agreement is in effect. The
annual reports shall be prepared in a format specified by the OWM.
2. The Grantee shall submit the annual reports to the OWM no later than the
anniversary date of this Agreement. The first report shall be submitted no later than one
(1) year from the effective date of this Agreement.
3. If the Director of the Ow:M determines that the information submitted in
the report is inadequate to enable the OW'M: to transfer the knowledge and experience
gained from the project to other communities in the State, the Grantee shall prepare and
submit addi~ion~l information reasonably requested by the Director of the OWM.
2 '
E. Amendments
1. The OWM shall not consider or accept any amendment to this Agreemene
that requ~sts add~tional funds. The OWM shall not consider or accept any applications
that reyuest additional funds for the project funded by this Agreement.
2. All amendments to this Agreement shall be in writing and shall be executed
by the parties to this Agreement. .
3. If the parties agree to an amendment that decreases the costs of activities
subject to this Agreement, the Grantee shall return to the OWM: the proportionate
amount of grant funds.
4. The Grantee shall bear sole responsibility for cost overruns incurred in
performing its activities under this Agreement. .
F. Failure to Comply
1. Rescission
Failure of the Grantee to comply with the terms and conditions of this Agreement
shall constitute default under the terms of this Agreement. E.xcept for failure to comply
with Part D of this Agreement, a default shall result in rescission of the grant unless the
OWM agr~~s to an amendment of this Agreement. Upon rescission of the grant, the .
Grantee shall repay all funds disbursed pursuant to this Agreement. In addition to or in
lieu of rescission, the Director of the OWM reserves tbe right to exercise other available
remedies.
2. Notice of Default
Before finding that the Grantee is in default, the Director of the OWM shall send
a written notice to the Grantee describing the Grantee's failure to comply with the terms
and conditions of this Agreement. Upon receipt of this notice, the Grantee shall have
thiny (30) days to respond as set out below. If no response is received within thirty (30)
days, the Director of the OWM shall find that the Grantee is in default.
3. Resoonse to Notice of Default
The Director of the OWM may agree to amend the terms and conditions of this
Agreement. if the Grantee submits a written response supported by documentation that
establishes that an amendmen~ is justified.
3
4. Failure to Complv With Reporting Requirements
If the Grantee fails to comply with the reporting requirements in Part D., it shall
pay to the OWM liquidated damages in the following amount: $500 for each month
or pan thereof that the reporting requirement is not met.
G. Authorized A2ents
The State's Authorized Agent for the purposes of administering this Agreement is
Erin Barnes-Driscoll . The Grantee's Authonzed Agent for the purposes of
administering this Agreement is . The parties may
substitute authorized agents as necessary by written notification to each other.
H. ' Authoritv to Contract
The Grantee is authorized to enter into contracts needed to complete the work
specified in this Agreement. Any such contracts shall comply with all applicable
Minnesota statutes and rules. Regardless of any contracts, the Grantee shall remain
responsible to the OW1vl for satisfactorily completing all activities specified in this
Agreement. .
I. Assi2nment
The Grantee sJ:1all neither assign nor transfer any rights or obligations under this
Agreement without the prior consent of the OWM.
J. Liabilitv
The Grantee agre~s to indemnify and save and hold harmless the OWN! and its
agents and employees from any and all claims or causes of action arising from the
performance of this' Agreement, including non-negligent acts or omissions, by the County
or the Grantee's contractors, agents, or employees. This clause shall not be construed to
bar any legal remedies the Grantee may have for the OWM's failure to fulfill its
obligations pursuant to this Agreement.
, K. Public Data
The Grantee acknowledges that the results of the project described in the
application, the report submitted, and any new information that is developed with the
assistance of grant funds is in the public domain and may not be copyrighted or patented.
4
L. Equal Emplovment 01lPortunitv~ Affirmative Action
The Grantee shall comply with all applicable laws relating to nondiscrimination
and affirmative action. In particular, the Grantee shall not discriminate against any
person associated with the project because of race, color, creed, religion, sex, marital
status, status with regard to public assistance, membership or activity in a local civil rights
commission, disability, age, or national origin, and further agrees to take affirmative
action so that persons are treated equally with respect to 'all aspects of employment and
compensation.
M. Compliance with Law
The Grantee shall conduct the project in compliance with all applicable provisions
of F~deral, state, and local laws.
N. Permits and Approvals
The Grantee and the Grantee's agents shall obtain all state and local permits,
licenses, and authorizations necessary to implement and operate the project.
O. State Audits
The books, records, documents, and accounting procedures and practices of the
G cantee relevant to this Agreement shall be subject to examination by the OWM, its
agents, the state auditor, and. the legislative auditor.
P. Term of A2reement
This Agreement shall be effective on the date it is executed as to encumbrances
by the Commissioner of Finance, and shall 'remain in effect for three years following that
date.
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized representatives on the day and year first above written.
APPROVED:
GRAN"TEE:
OFFICE OF WASTE MANAGEMENT:
By
By
Title
Title
Date
Date
(Attach certified copy of board or
governing body resolution authorizing
execution by signatory.)
As to form and execution by the ATIOfNE'
GENERAL: \
By
As to form and execution:
Date
By
Title
COMMISSIONER OF ADMINISTRATION:
Date
By
Date
COMMISSIONER OF FINANCE:
Encumbered
Department of Finance
By
Date
, 6
ATTACHMENT A
The City of Hopkins proposal is on file at
the Minnesota Office of Waste Management.
. 7