Item 84-122 Resolution 84-3139A RESOLUTION ENTERING INTO AGREEMENT WITH THE
STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY
FOR THE RECEIPT OF AN INTOXILYZER
BE IT RESOLVED by the City Council of the City of
Hopkins that the City of Hopkins enter into an agreement with
the State of Minnesota, Department of Public Safety for the
following purpose:
To receive from the State of Minnesota, Department
of Public Safety, an Intoxilyzer 5000 breath test
instrument and breath alcohol simulator on a loan
basis. The instruments are to be used by law enforce-
ment officers to assist them in the detection of
All
mor motorists who may be in violation of Minnesota Statutes
Section 169.121, or other Minnesota laws or local
ordinances or other law enforcement purposes.
BE IT FURTHER RESOLVED that the Mayor and City Manager
be and they hereby are authorized to execute such agreement.
Adopted by the Council of the City of Hopkins this
5th day of June, 1984.
J. SCOTT RENNE ROBERT F. MILLER
City Clerk
JERRE A. MILLER
City Attorney
State of Minnesota
City of Hopkins
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 84 -3139
CERTIFICATION
I hereby certify that the foregoing Resolution is a true and
correct copy of the resolution presented to and adopted by
the City Council of the City of Hopkins, Minnesota at a duly
authorized meeting thereof held on the 5th day of June, 1984,
as shown by the minutes of said meeting in my possession.
Mayor
it
s
A RESOLUTION ENTERING INTO AGREEMENT WITH THE
STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY
FOR THE RECEIPT OF AN INTOXILYZER
BE IT RESOLVED by the City Council of the City of
Hopkins that the City of Hopkins enter into an agreement with
the State of Minnesota, Department of Public Safety for the
following purpose:
To receive from the State of Minnesota, Department
of Public Safety, an Intoxilyzer 5000 breath test
instrument and breath alcohol simulator on a loan
basis. The instruments are to be used by law enforce-
ment officers to assist them in the detection of
motorists who may be in violation of Minnesota Statutes
Section 169.121, or other Minnesota laws or local
ordinances or other law enforcement purposes.
BE IT FURTHER RESOLVED that the Mayor and City Manager
be and they hereby are authorized to execute such agreement.
Adopted by the Council of the City of Hopkins this
5th day of June, 1984.
J. SCOTT RENNE
City Clerk
JERRE A. MILLER
City Attorney
State of Minnesota
City of Hopkins
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 84 -3139
CERTIFICATION
ROBERT F. MILLER
Mayor
I hereby certify that the foregoing Resolution is a true and
correct copy of the resolution presented to and adopted by
the City Council of the City of Hopkins, Minnesota at a duly
authorized meeting thereof held on the 5th day of June, 1984,
as shown by the minutes of said meeting in my possession.
AGREEMENT FOR THE LOAN OF INTOXILYZER 5000 EVIDENTIAL BREATH ALCOHOL TEST
INSTRUMENTS
THIS AGREEMENT, MADE AND ENTERED INTO by and between the State of Minnesota,
Department of Public Safety (hereinafter referred to as "DPS ") and the local
government unit(s) designated as "Recipient" on page 3 of this agreement (here-
inafter referred to as "Recipient ").
WITNESSETH:
WHEREAS DPS has received grants and or appropriations of money for the
purchase of Intoxilyzer 5000 breath test instruments, and breath alcohol
simulators; and
WHEREAS DPS desires to provide a mechanism through which local law enforce-
ment agencies may use these breath test instruments to assist them in the de-
tection of drivers who are in violation of Minnesota laws relating to traffic
and highway safety, or for other law enforcement applictions,
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows:
I. DPS' Responsibilities.
A. DPS shall make available to Recipient an Intoxilyzer 5000 evidential
breath test instrument and a breath alcohol simulator specified on page 3 of
this agreement. Recipient will use and have possession of these instruments;
but DPS shall retain title and legal ownership of the instruments.
B. Any and all repairs shall be made by or at the direction of DPS. If
funding is available, DPS will pay for the cost of maintenance and repair or
replacement due to normal wear and tear resulting from routine, proper use of
the instruments.
C. DPS will maintain all necessary state and federal inventory control
records on these instruments.
II. Recipient's Responsibilities.
A. Recipient shall use the instruments specified on page 3 of this agree-
ment to assist in enforcing Minnesota laws and local ordinances and for other
law enforcement applications.
B. Recipient shall keep and maintain the instruments in proper operating
condition. Recipient shall supply all disposable components for the instru-
ments at Recipient's expense.
C. Recipient will be responsible for the cost of repairing or replacing
instruments which, in the opinion of the Bureau of Criminal Apprehension, have
been damaged due to abuse, misuse or other cause outside the scope of normal
wear and tear in routine proper use. Recipient will also be responsible for
the costs of maintenance and repair resulting from normal wear and tear in
routine proper use of these instruments if funding for such maintenance and
repair is not made available to DPS.
D. The instruments shall be made available for use by any breath test
operator certified by the State of Minnesota.
E. Recipient shall not permit the instruments to be operated or tampered
with by individuals who are not trained in their operation and certified by DPS
as Intoxilyzer 5000 operators.
F. Recipient shall make the instruments available to authorized personnel
when required for inventory or inspection purposes.
G. Recipient shall cede to DPS the Breathalyzer 900 and 900A instruments
described on page 3 of this agreement, which DPS may dispose of through trade,
sale, or other means, it being agreed that any proceeds of such disposition
shall be retained by the State of Minnesota.
III. Term of Agreement.
This Agreement shall take effect on the date of final approval by the
Commissioner of Finance and remain in effect until terminated by either of
the parties as provided in section IV.
IV. Termination.
This agreement may be terminated by either DPS or Recipient with or without
cause upon sixty (60) days written notice to the other party. In the event of
such termination, Recipient shall return the instruments to the Bureau of
Criminal Apprehension Laboratory within thirty (30) days after the termination
of this Agreement. If Recipient fails to return the instruments within this
time period, Recipient may be assessed the cost of the instruments.
V. Assignment.
Recipient shall neither assign nor transfer any rights or obligations under
this Agreement without the prior written consent of DPS.
VI. Liability.
Recipient agrees to indemnify and save and hold the State of Minnesota, its
agents, and its employees harmless from any and all claims arising from the use
of the Intoxilyzer 5000 'Instrument or from the performance of this Agreement by
Recipient or Recipient's agents or employees.
VII. Relationship of Parties.
Neither Recipient nor Recipient's agents or employees are to be considered
to be agents of DPS or to be engaged in any joint venture or enterprise with
DPS, and nothing herein shall be construed to create such a relationship.
STATE OF MINNESOTA
DEPARTMENT OF ENERGY AND ECONOMIC
DEVELOPMENT
27. RESOLUTION OF SPONSORSHIP:
Sponsoring units of government must adopt and submit the following resolution. This resolution must be adopted prior to submi-
ssion of the application.
Be it resolved that City of Hopkins
(sponsoring unit of government)
act as sponsoring unit of governtnent for the project titled Economic Development - Ion Electronics
to he conducted during the period August 1, 198 through
(duration dates)
Robert F. Mailer - Mayor
(Title of Authorized Official)
apply to the Minnesota Department of Energy and Economic Development for funding of this project on
behalf of
I certify that the above resolution was adopted by the
on June 5. 1984
(date)
City Council
City Attorney
Resolution 84 - 3143
City of Hopkins
(sponsoring unit of government)
(City Council, County Board, etc.) (sponsoring unit of government)
Signed: Witnessed:
(signature) (signature)
APPLICATION FOR
SMALL CITIES GRANT PROGRAM
PAGE 13
of City of Hopkins
Mayor June 5, 1984 City Manager June 5, 1984
(title) (date) (title) (date)
If funds are awarded for this project, a resolution authorizing execution of such agreements as are necessary to
implement the project must be completed by the sponsoring unit of government prior to contract issuance.
Adopted by the City Council of the City of Hopkins on the 5th day of June, 1984
J. Scott Renne
City Clerk Robert F. Miller
Mayor
is hereby authorized to
DEPARTMENT OF ENERGY &
ECONOMIC DEVELOPMENT
150 KELLOGG • ST. PAUL, MN 55101
APPLICATION FOR
SMALL CITIES GRANT PROGRAM
PAGE 1
1. Name and Address of Sponsoring Unit of Government, includin count
innein County
City of Hopkins 1010 First Street South, Hopkins, MN
OFFICE USE ONLY
Application
Number:
Date
Received:
2. Project Title:
Economic Development - Ion Electronics
3. Federal Objective to be Addressed: State Objectives to be Addressed:
ffLow /Moderate Income E$Creation or retention of jobs
•
NI Slums and Blight El Leveraging Private investments
■ Urgent Community Development Needs ■ Increasing Local Tax Base
5. Area of Impact
Citywide
4. Proposed Beginning Date:
August 1, 1984
Estimated End Date:
Duration: mon ths
6. Estimated Number of Persons
Benefiting• % LMI
7. Contact Person /Project Director:
Name James D. Kerrigan
Title Director of Community Development
Street 1010 First Street South
City Hopkins
State /Zip Minnesota 55343
Phone ( 612 ) 935 -8474
8. Authorized Official:
Name Robert F. Miller
Title Mayor, City of Hopkins
Street 1010 First Street South
City . Hopkins
State /Zip Minnesota 55343
Phone ( 612) 935 -8474
9. Project Purpose:
Assist in financing a minority
business start -up that will assemble and
manufacture printed circuit boards and re -
Dated electronic equipment for the U.S.. Gov.
and private industry. There will be 35 new
jobs created.
10. Legislative Location:
Sponsoring Unit: Areas Served:
Distr;Hause 44A Hopkins, St . Louis Park
State Senate 44 Hopkins, St. Louis Park
District:
U.S. Congressional 3 Western Hennepin County
District:
11. Proposed Funding:
a. Shall Cities Funds Requested in this application
255,000.00
b. Funds to be supplied by STATUS
applicant or other Check one
public or
private SPECIFIC SOURCE
source: OF FUNDING
om- of NAME OF CONTACT
mit- Pend- sub- CONTACT TELEPHONE
a ine mitted, PERSON NUMBER AMOUNT
Ban
I XLl IN Willie Adams 291 -5959 $ S00,000
SBA
Equity
n • Madd
IN Wendall ok 0� 571 -9201 $ 145,000
■ ■ ■ (-) $
• ■
Ni $
( )
M D IN (-) $
c. TOTAL PROJECT FUNDING (Total Lines 1 1 a + b)
900, 000.00
12. Dated Submitted to RDC:
13. Has this project received funding before?
■ Yes i2I No
14. To the best of my knowledge and belief, data in this application are true and correct, the document has been duly authorized by
the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is approved.
T:obert F. Miller- Flavor
SIGNATURE OF AUTHORIZED OFFICIAL TYPED NAME AND TITLE DATE SIGNED
MINNESOTA
Small Cities Development Program
Application for Economic Development
e
STATE OF MINNESOTA
EPARTMENT OF ENERGY AND ECONOMIC
DEVELOPMENT
PROJECT TITLE:
Economic Development - Ion Electronics
18. FINANCIAL SUMMARY. For each firm involved in the project, please provide the following information.
PROJECT STRUCTURE
(PLEASE CHECK ONE) PROPRIETORSHIP...❑ CORPORATION tg PARTNERSHIP ❑ SUBSIDIARY ❑
PRESENT AFFILIATION
(PLEASE CHECK ONE) INDEPENDENT n PARENT ❑ AFFILIATE ❑
IMPACT OF PROJECT
ON JOBS: (A) NUMBER OF NEW JOBS CREATED: 35 over three years)
• PURPOSE FOR WHICH
FUNDS TO BE USED
Land acquisition
Land improvement
Purchase and /or remodel
an existing building
New construction
Purchase and /or repair
machinery & equipment
Purchase furniture and fixtures
Professional fees
Working capital
Other contingencies
Total project costs
AMOUNT
PERCENT OF PROJECT COST
TERM (YEARS)
INTEREST RATE (ESTIMATED)
ANNUAL DEBT
SERVICE (ESTIMATED)
LIEN POSITION
COLLATERAL
GUARANTEE
TOTAL
ADD (B)
$
$
$
$
—USE OF PROCEEDS—
SMALL
CITIES LOCAL
DOLLARS BANKS) EQUITY
$255,000 $ 145,000 $ s
s• s s s
s $ 111,000 $ 145,000 5
s $ 244,000 $ s
$ 255,000 s 500,000 $ 145,000 $
SMALL
CITIES
DOLLARS
$ 255,000
28 %
* 10
yr�
___3___%
$ 26,525
Second
$ $ $
$
$
LOC
BANK(S
)
$ 500000
7
1 5 '
96
$
$
$ 96,500 6 - 0 -
First
* 7 year loan with 10 year Srherbtl
Equipment Equipment
Receivables Receivables
Inventory Inventory
Personnel Personnel
SBA
APPLICATION FOR
SMALL CITIES GRANT PROGRA
PAGE 3
SPONSORING UNIT:
City of Hopkins
NUMBER OF EXISTING JOBS RETAINED:
(Jobs which would no longer exist unless this action is taken.)
= TOTAL JOB IMPACT (SUM OF A AND B):
(Under each source of funds, write in dollar amount to be used for each purpose)
SOURCE OF FUNDS
EQUITY
6 145,000 6
17 %
- 0-
- 0-
Yrs.
$
$
$
— PROJECT COST AND REQUEST SUMMARY—
FEDERAL/ FEDERAL/
LOCAL LOCAL
LOANS GRANTS OTHER
(Under each source of funds, write in totals and brief description of type of collateral and guarantee)
SOURCE OF FUNDS
FEDERAL/ FEDERAL/
LOCAL LOCAL
LOANS GRANTS OTHER
0
35
s s $
s s s
$ $ ' s400,000
s s s
s s $
s s $244,000
s 's $ Doo,000
yrs.
$
$
$
yrs.
TOTAL
TOTAL
yrs
STATE OF MINNESOTA
DEPARTMENT OF ENERGY AND ECONOMIC
DEVELOPMENT
APPLICATION FOR
SMALL CITIES GRANT PROGRAM
PAGE 13
27. RESOLUTION OF SPONSORSHIP:
Sponsoring units of government must adopt and submit the following resolution. This resolution must be adopted prior to submi-
ssion of the application.
Be it resolved that
City of Hopkins
(sponsoring unit of government)
act as sponsoring unit of government for the project titled Economic Development - Ion Electronics
to be conducted during the period August 1, 1984 through
(duration dates)
Robert F. Miller - Mayor
(Title of Authorized Official)
apply to the Minnesota Department of Energy and Economic Development for funding of this project on
behalf of
City of Hopkins
(sponsoring unit of government)
1 certify that the above resolution was adopted by the
on June 5, 1984
City Council
(City Council, County Board, etc.)
(date)
Signed: Witnessed:
(signature) (signature)
of City of Hopkins
(sponsoring unit of government)
Mayor June 5, 1984 City Manager June 5, 1984
(title) (date) (title) (date)
If funds are awarded for this project, a resolution authorizing execution of such agreements as are necessary to
implement the project must be completed by the sponsoring unit of government prior to contract issuance.
Adopted by the City Council of the City of Hopkins on the 5th day of June, 1984
J. Scott Renne
City Clerk Robert F. Miller
Mayor
City Attorney
is hereby authorized to
AGREEMENT
Contract No. 40356
City of Hopkins
County - of Hennepin
THIS AGREEMENT, made between the County of Hennepin, State of Minnesota,
hereinafter referred to as the "County ", and the City of Hopkins hereinafter
referred to as the "City ".
WITNESSETH:
WHEREAS, State Law (M.S. 473.802) requires the county to evaluate land
disposal abatement strategies and submit land disposal abatement proposals; and
WHEREAS, the County has a land disposal abatement policy to consider
funding assistance on a project -by- project basis for cities proposing curbside
collection programs for recyclable materials; and
WHEREAS, County Board Resolution 83- 9- 578AR2 (September 13, 1983) commits
the County to "initiating and cooperating in establishing County wide
residential curbside collection recycling programs "; and
WHEREAS, the City has requested County financial assistance for the
curbside collection project; and
NOW, THEREFORE, IT IS HEREBY AGREED:
SECTION 1.0
Scope of Services of the City
A. The City will carry out a twelve -month program for curbside collection
of recyclable solid waste materials, in accordance with the program described in
the County staff report, dated May 3, 1984, attached hereto as Exhibit "A ",
and made a part hereof as though fully set forth herein.
Contract No. 40356
B. The City will identify the County as a project cosponsor in publicity
materials and presentations.
C. The City will furnish the County with periodic verbal progress reports
and a final written report, evaluating all aspects of the curbside collection
project including, but not limited to, information on:
- total costs;
- collection costs per stop;
- planning, publicity and administrative costs;
- publicity strategies used and those most and least effective;
- participation rates;
- program implementation and administrative tasks that had to be
completed before and during actual curbside collection;
- tonnages of materials recovered and information on seasonal
variations, if available;
- markets for collected materials as available;
- equipment utilized; and
- other information that would help Hennepin County and /or other
municipalities start similar curbside collection programs.
Scope of Services of the County
SECTION 2.0
- Hennepin County will fund a portion of the cost of the project, in
accordance with Section 3.0 and 4.0 of this Agreement.
- Hennepin County will provide, if requested, computerized records
management of participation rates, lbs. per stop, etc. from data
provided by Hopkins.
SECTION 3.0
Contract No. 40356
Compensation
The County shall pay to the City an amount not to exceed Five Thousand
Dollars (5,000.00) for containers, collection and promotion (not to include any
in -kind city staff costs).
SECTION 4.0
hillnent
A. County will pay an initial payment of Three Thousand and Five Hundred
Dollars ($3,500.00).
B. The County will pay the balance of One Thousand and Five Hundred
Dollars ($1,500.00) at the end of the project, and upon receipt of a final
written project report and evaluation, and a final cost accounting.
C. The City shall submit invoices to the County for payments in
accordance with the provisions of "A" and "B" above.
D. Payment to the City will be made as provided by law for payments of
claims against the County.
SECTION 5.0
Effective Date/Termination Date
A. This Agreement shall be in full force and effect from date executed
by the County of Hennepin through Septemeber 30, 1985.
SECTION 6.0
Contract No. 40356
Hold Harmless
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 attorney's fees,
resulting directly or indirectly from an act or omission of the party, its
agents, employees, or contractors in the performance of the services 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.
SECTION 7.0
Affirmative Action Policy
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 discrimination shall be otherwise
subjected to discrimination. The City will furnish all information and reports
required by Hennepin County or by Executive Order No. 11246 and Revised Order
No. 4 and by the rules and regulations and orders of the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations
and orders.
SECTION 8.0
SECTION 9.0
Contract No. 40356
Assignment of Services
The services to be performed by the City shall, other than a contract for
Project Planning and Coordination and the actual curbside collection of source
separated recyclables, not be assigned, sublet or transferred without the prior
written approval of the County.
Independent Pities
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 parties
represent that they have, or will secure at their own individual 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 considered employees of the other party, and any
and all claims that may or 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
Contract No. 40356
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 other party including, without limitation, tenure rights, medical and
hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Compensation, disability, severance pay and PERA.
SECTION 10.0
Inspection
Duly authorized representatives of the County shall have the right to
inspect the work of the City whenever they deem it necessary.
SECTIOF 11.0
Minnesota Laws Govern
The Laws of the State of Minnesota shall govern all questions as to the
execution, nature, obligation, validity and performance of this contract.
SECTION 12.0
Termination
This Agreement may be terminated by the County for substantial
noncompliance at any time, upon written notice to the City. In the event that
such termination should take place at any time other than at the completion of
the work to be performed, the County will pay the City for the services to be
performed under this Agreement to termination date, plus termination expenses.
Such termination shall not affect any legal right of the County against the City
for any breach of this Agreement.
SECTION 13.0
Contract No. 40356
Conpltance with Laws
The City shall endeavor to comply with all federal, state and local laws,
together with all ordinances and regulations applicable to the work in effect on
the date of this Agreement. The City shall procure all licenses, permits, or
other rights necessary for the fulfillment of its obligations under this
Agreement.
SECTION 14.0
This Agreement represents the entire and integrated agreement between the
County and the City, and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended by written
instrument signed by both the County and the City.
The City, having signed this Cooperative Agreement, and the Hennepin-County
Board of Commissioners having duly approved the Cooperative Agreement 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.
Date:
APPRCIVED AS TO Ex=nuON
Date:
Contract No. 40356
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
Assistant County Attorney By:
Director, Department of
Environment and Energy
Date:
CITY OF HOPKINS
By:
Robert Miller, Mayor
And:
William Craig, City Manager
•
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
CITY OF HOPKINS
Contract No. 40356
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