Cty of Hopkins & HC Agreement - CompostingTHIS AGREEMENT, made between the County of Hennepin, State of Minne-
sota, hereinafter referred to as the "County and the City of Hopkins,
hereinafter referred to as the "City
WITNESSE TH;
COOPERATIVE AGREEMENT
City of Hopkins
County of Hennepin
H. C. Contract No. 20428
WHEREAS, yard waste compost is useful as a soil conditioner and bed-
ding material; and
WHEREAS, yard waste makes up between 9% and 17% of all the municipal
solid waste in the County; or about 90,000 to 170,000 tons per year; and
WHEREAS, the Bureau of Public Service is authorized to allocate public
funds, personnel and equipment, as necessary, to process leaves and grass
into compost at municipalities which establish a composting site (County
Board Resolution 80 -11 -930); and
WHEREAS, the City has established a compost site and desires to pa
ticipate with Hennepin County in composting operations.
NOW, THEREFORE, IT IS HEREBY AGREED;
SECTION 1.0
A. The City will establish a yard -waste composting site(s) of
approximately 2 acres of fairly level, well drained land.
B. The City agrees to provide any labor necessary to monitor the
SECTION 2.0
SCOPE OF SERVICES OF HENNEPIN COUNTY
At no cost to the City:
A. The County will assist, if requested, in planning the site(s).
B. The County will provide personnel to inoculate and windrow the
leaves and supervise the composting operation.
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C. The County will provide the inoculant.
D. The County will provide a loader, leaf shredder and personnel to
shred the composted material.
E. The County will publicize the availability of compost on a county-
wide basis.
site's operation.
C. The City will collect and haul leaves to the site(s) in the fall.
D. The City agrees to provide personnel and necessary equipment to
water the leaves.
E. The City agrees to secure the water necessary for leaf watering
and inoculation.
F. The City, in the spring, will distribute the compost.
COORDINATION
SECTION 3,0
The day to-day coordination of the program will be carried out by the
County's operations supervisors and the City's street superintendents and
foremen.
EFFEC":113ILDINTELTERMINAZIOLDATE
This cooperative agreement shall be in full force and effect as of Oc-
tober 1, 1982 through August 30, 1983.
COMPLIANCE WITH LAWS
Both the City and the County shall endeavor to comply with all
applicable federal, state and local laws, together with all ordinances and
regulations in effect on the date of the Agreement. Both the City and the
County shall also procure all licenses, permits, or other rights necessary
for the fulfillment of their respective obligations under the Cooperative
Agreement.
MID UxrwFSs
EC ION 4.0
,SECTION 5.0
$ECTION 6.0
Each party to this Agreement agrees to defend, indemnify and hold the
other party, its officers, and employees harmless from any liability,
claims, damages, costs, judgments or expenses, including reasonable attor-
ney's fees, resulting directly or indirectly from an act or omission of the
party, its agents, employees, or contractors in the performance of the ser-
vices provided by this Cooperative Agreement; and against all loss by
reason of the failure of the party fully to perform, in any respect, all
obligations under this Cooperative Agreement.
AFFIRMATIVE ACTION POLICY
SECTION 7.0
In accordance with Hennepin County Affirmative Action Policy and the
County Commissioners' policies against discrimination, no person shall be
excluded from full employment rights or participation in or the benefits of
any program, service or activity on the grounds of race, color, creed,
religion, age, sex, handicap, marital status, affectional preference,
public assistance status, criminal record, or national origin; and no
person who is protected by applicable federal or state laws against discri-
mination shall be otherwise subjected to discrimination. The City will
furnish all information and reports required by Hennepin County or by Exe-
cutive Order No. 11246 and Revised Order No. 4 and by the rules and
regulations and orders of the Secretary of Labor for purposes of investig-
ation to ascertain compliance with such rules, regulations and orders.
SECTION 8.0
0
INDEPF NP r PARTIES
It is agreed that nothing herein contained 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 parties as
the agent, representative, or employee of each other for any purpose or in
any manner whatsoever. The parties are to be and shall remain independent
with respect to all services performed under this Cooperative Agreement.
The Pa rties represent that they have, or will secure at their own indivi-
dual expense, all personnel required in performing services under their
respective portions of the Cooperative Agreement. Any and all personnel of
each party or other persons, while engaged in the performance of any work
or services required by the terms of this Cooperative Agreement, shall have
no contractual relationship with the other party, and shall not be consi-
dered employees of the other party, and any and all claims that may
limm) might arise under the Workers' Compensation Act of the State of Minnesota
on behalf of said personnel or other persons while so engaged, and any and
all claims whatsoever on behalf of any such person or personnel arising out
of employment or alleged employment including, without limitation, claims
of discrimination against each party, its officers, agents, contracts or
employees, shall in no way be the responsibility of the other party; and
each party shall defend, indemnify and hold the other party, its officers,
agents and employees harmless from any and all such claims regardless of
any determination of any pertinent tribunal, agency, board, commission, or
court. Such personnel or other persons shall not require, nor be entitled
to, any compensation, rights or benefits of any kind whatsoever from the
rights, medical and
other party including, without limitation, tenure ri g
hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Compensation, disability, severance pay and PERA.
The City, having signed this Cooperative Agreement, and the Hennepin
County Board of Commissioners having duly approved the Cooperative Agree-
ment on 19 and pursuant to such
approval and the proper County officials having signed this Cooperative
Agreement, the parties hereto agree to be bound by the provisions herein
set forth.
Upon proper execution, this
cooperative agreement will
be legally valid and binding.
Assistant County Atto ey
Hate: O 3 2
APPROVED AS TO EXECUTION
Assistant County Attorney
Date:
City Attorney
COUNTY OF HENNEPIN, STATE OF MINNESOTA
By:
Chairman of its County Board
And:
Associate County Administrator
and County Engineer
ATTEST:
Clerk of the County Board
RECOMMENDED FOR APPROVAL
By:
Director, Department of
Environment and Energy
Date:
CITY OF HOPKINS
Date: And:
City Comptroller- Treasurer
Attest:
City Clerk
CITY OF HOPKINS
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me the day of
19__ by and
of the City of on behalf of the City.
Notary Public
My Commission Expires
Date: October 25, 1982
STATE OF MINNESOTA)
ss.
COUNTY OF HE NEPIN)
And:
R
City e -Treasurer
Attest. —2 &act
City Clerk
CITY OF HOPKINS
4L
The foregoing instrument was acknowledged before me theL day of c°
19 by �11l-c -c p C and
of the City of W-i.,k«.:, on behal of the City.
Notary Publi
My Commission Expires
.07 /94'