CR 10-113 Resolution 2010-063 Approving A Grant Agreement with Hennepin County to Receive "Incentive Funds" for a Hopkins Community Outreach Project Focusing on Waste Reduction Practices for Area BusinessesGITY OF
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September 28, 2010 y O P K I N S Council Report 2010 -113
RESOLUTION 2010 - 063 APPROVING A GRANT AGREEMENT
WITH HENNEPIN COUNTY TO RECEIVE "INCENTIVE FUNDS"
FOR A HOPKINS COMMUNITY OUTREACH PROJECT FOCUSING ON WASTE REDUCTION
PRACTICES FOR AREA BUSINESSES
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution 2010-063
approving a grant agreement with Hennepin County for "Incentive Funds" for a Hopkins Community
Outreach Project Focusing on Waste Reduction Practices for Area Businesses.
Adoption of this motion allows the City to receive Waste Abatement Incentive Funds in the amount of
$25,000 to develop and implement a Waste Reduction Outreach Program that would provide
technical support and education to businesses and organizations in the community who want to
expand their Solid Waste Management Programs by implementing organics recycling and other
waste reducing practices.
Overview
The City of Hopkins is dedicated to implementing programs to create a sustainable community. This
includes a strong commitment to solid waste reduction. The City has taken a leadership role in solid
waste reduction by implementing Source Separated Organics collection and Single Stream Recycling
a t City facilities.
Adopting this grant agreement will give the City an opportunity to take the next step towards building
a sustainable community. The Hopkins Community Outreach Project will allow area businesses and
organizations to benefit from the City's experience with implementing waste reduction programs and
lay the foundation for them to incorporate these programs into their existing solid waste management
plans.
Businesses and organizations that adopt waste reduction programs could reduce the volume of trash
collected at their sites and events by up to 50%.
Primary Issues to Consider
• What is the cost to the City for accepting this grant?
• How will this project benefit the community of Hopkins?
Supporting Information
• Resolution Number 2010-063
• Fundin g jeem/ennt
AAA
Penny Cleve
Solid Waste oordinator
Financial Impact: $ Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
YIN Source:
Is
Council Report 2010 -113
Page 2
Primary Issues to Consider
What is the Cost to the City for accepting this grant?
The "incentive funds" received from Hennepin County will cover the majority of
the project's costs including education, training, consulting, technical support, a
part time paid intern and materials.
The City's responsibility would be to provide a temporary work space for the part
time intern and project consultant.
e How will this project benefit the community of Hopkins?
The "incentive funds" will give the City the means to offer a comprehensive plan
for implementing waste reduction practices into local organizations and
businesses.
Including local businesses and organizations with the Hopkins School District
and the City of Hopkins as participants in waste reduction practices such as
• organic recycling and single stream recycling will increase the awareness level of
Hopkins residents and pave the way to prepare them for the possibility of
residential organic collection in the future.
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City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2010-063
RESOLUTION TO APPROVE A GRANT AGREEMENT WITH HENNEPIN
COUNTY TO RECEIVE "INCENTIVE FUNDS" FOR A
HOPKINS COMMUNITY OUTREACH PROJECT:
FOCUSING ON WASTE REDUCTION PRACTICES FOR AREA BUSINESSES
WHEREAS, the City of Hopkins has demonstrated its commitment to solid
waste reduction in its own spaces and supports the efforts of community events
and businesses that have changed their waste practices to expand solid waste
reduction and recycling; and
WHEREAS, implementing the City of Hopkins Waste Reduction Outreach
Project will provide technical support and education to businesses and
organizations in the community who wish to incorporate waste reduction methods
such as organic and single stream recycling into their existing solid waste
programs; and
WHEREAS, collectively the businesses and organizations who participate
in the outreach program could reduce their traditional waste stream by 50%; and
• WHEREAS, accepting these incentive funds from Hennepin County will
cover the majority of the project's costs, including education, training, consulting,
technical support, a part time paid .intern and materials;
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NOW THEREFORE BE IT RESOLVED THAT
1) The City Council approves an Incentive Fund Agreement with
Hennepin County for a Waste Abatement Outreach Project Focusing
on Waste Reduction Practices for Area Businesses.
2) The City Council authorizes the City Manager to enter into an incentive
fund agreement on behalf of the City of Hopkins for this Waste
Abatement Outreach Program.
Passed and adopted this 5th day of October, 2010.
ATTEST:
Terry Obermaier, City Clerk
Eugene Maxwell, Mayor
0 Contract No: A100973
WASTE ABATEMENT INCENTIVE FUND 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,
MN 55401-3206 ("DEPARTMENT") and the CITY OF HOPKINS, 1010 South lst Street,
Hopkins, MN 55343, ("DISTRICT").
WITNESSETH:
WHEREAS, the Hennepin County Board has established a Waste Abatement Incentive
Fund to provide matching assistance ("Incentive Funds") to selected eligible waste abatement
projects; and
WHEREAS, the DISTRICT has made an application for a public entity waste abatement
project and has been selected for partial funding of said described project in accordance with the
terms of this Agreement (application copy attached as Exhibit A);
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the DISTRICT agree
as follows:
TERM AND COST OF THE AGREEMENT
This Agreement shall commence upon execution and terminate December 31, 2012,
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
twenty-five thousand dollars ($25,000).
2. SERVICES TO BE PROVIDED
a. The DISTRICT will operate its waste abatement project, Waste Reduction Outreach
for Hopkins' Businesses Project (hereinafter the "Project"), including the proposed
Project budget, as described in the application submitted by the DISTRICT and kept
on file with the COUNTY (See Exhibit A).
b. In addition to the services referred to above, the DISTRICT agrees:
1. The DISTRICT shall submit to the DEPARTMENT an interim report by
December 31, 2011, and a final report by November 30, 2012. The reports
should include at a minimum:
■ Project findings and summary;
S■ Results achieved;
■ Obstacles/challenges encountered;
■ Amount of material collected, recycled, and disposed;
■ Recommendations;
■ Detailed budget expenditures; and
■ Cost/benefit analysis of the Project.
In addition, the DISTRICT will present the Project findings, as set forth in the
final report, to municipal recycling coordinators and other public entity
representatives at such times and places as the County may request.
2. All Incentive Funds accepted from the COUNTY over the term of the
Agreement shall be used solely for Project expenses relating to waste
reduction and recycling, as described in the Project budget. The DISTRICT
shall not retain any Incentive Funds in excess of actual Project expenses and
shall return any such excess Incentive Funds to the COUNTY upon
completion of the Project.
3. The DISTRICT may not charge its residents/students through property tax,
utility fees, tuition fees, or any other method for that portion of the costs of the
Project that is funded by COUNTY Incentive Funds.
4. The DISTRICT shall establish a separate accounting mechanism, such as a
Project number, activity number, cost center, or fund that will separate
Incentive Fund revenues and expenditures from all other DISTRICT activities,
including other solid waste, recycling, and yard waste activities.
5. Incentive Fund Project activities, revenues, and expenditures are subject to
audit by the COUNTY to ensure compliance with the purpose of the grant.
Any Incentive Fund expenditures not approved shall be returned to the
County.
c. All right, title and interest in all copyrightable material which the DISTRICT may
conceive or originate either individually or jointly with others, and which arises out of
the performance of this Agreement, are the property of the COUNTY. The
DISTRICT shall assign to the COUNTY all right, title, interest and copyrights of the
copyrightable material. The DISTRICT also agrees, upon request of the COUNTY,
to execute all papers and perform all other acts necessary to assist the COUNTY to
obtain and register copyrights on those materials. Where applicable, works for
authorship created by the DISTRICT for the COUNTY in performance of this
Agreement shall be considered "works made for hire" as defined in the U.S.
Copyright Act.
d. The DISTRICT hereby warrants that, when legally required, the DISTRICT shall
obtain the written consent of both the owner and licensor to reproduce, publish,
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. and/or use any material supplied to the COUNTY including but not limited to
software, hardware, documentation, and/or any other item. The DISTRICT further
warrants that any material or item delivered by the DISTRICT will not violate the
United States Copyright Law or any property right of another and agrees that the
DISTRICT shall defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers, and employees, at the DISTRICT's own expense against
any alleged infringement of any copyright or property right.
3. PAYMENT FOR SERVICES
The COUNTY shall pay Incentive Funds to the DISTRICT in an amount not -to -exceed
twenty-five thousand dollars ($25,000). The first Incentive Fund payment of eighteen
thousand seven hudred fifty dollars ($18,750) shall be disbursed upon execution of the
Agreement. The final Incentive Fund payment of six thousand two hundred fifty dollars
($6,250) shall be disbursed upon approval of the final Project report.
4. INDEPENDENT CONTRACTOR
DISTRICT 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 DISTRICT as the agent, representative,
or employee of the COUNTY for any purpose. DISTRICT is and shall remain an
independent contractor for all services performed under this Agreement. DISTRICT
shall secure at its own expense all personnel required in performing services under this
Agreement. Any personnel of DISTRICT or other persons while engaged in the
performance of any work or services required by DISTRICT 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 DISTRICT, its officers, agents,
contractors, or employees. DISTRICT 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. DISTRICT 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
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• omission of DISTRICT, 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 DISTRICT to perform any obligation under this
Agreement.
B. In order to protect DISTRICT and those listed above under the indemnification
provision, DISTRICT agrees at all times during the term of this Agreement, and
beyond such term when so required, to have and keep in force the following
insurance coverages:
Limits
Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
Products—Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
2. Workers' Compensation and Employer's Liability:
• Employer's Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
$2,000,000
2,000,000
1,500,000
1,500,000
500,000
500,000
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. It is the sole
responsibility of DISTRICT to determine the need for and to procure additional
insurance which may be needed in connection with this Agreement. Upon written
request, DISTRICT shall promptly submit copies of insurance policies to the
COUNTY.
D. Duty to Notify. DISTRICT shall promptly notify the COUNTY of any claim,
action, cause of action or litigation brought against DISTRICT, its employees,
officers, agents or subcontractors, which arises out of the services contained in
this Agreement. DISTRICT shall also notify the COUNTY whenever DISTRICT
has a reasonable basis for believing that DISTRICT and/or its employees,
officers, agents or subcontractors, and/or the COUNTY, might become the subject
of a claim, action, cause of action, criminal arrest, criminal charge or litigation
arising out of and/or related to the services contained in this Agreement. Failure
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• to provide the notices required by this section is a material violation of the terms
and conditions of this Agreement.
6. DATA PRACTICES
DISTRICT, 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. If DISTRICT creates, collects, receives, stores, uses, maintains or
disseminates data because it performs functions of the COUNTY pursuant to this
Agreement, then DISTRICT must comply with the requirements of the MGDPA as if it
were a government entity, and may be held liable under the MGDPA for noncompliance.
DISTRICT agrees to defend, indemnify and hold harmless the COUNTY, its officials,
officers, agents, employees, and volunteers from any claims resulting from DISTRICT's
officers', agents', owners', partners', employees', volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of such protected data, or other
noncompliance with the requirements of this section. DISTRICT 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, DISTRICT
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 DISTRICT and involve transactions relating
to this Agreement. DISTRICT 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. DISTRICT binds itself, its partners, successors, assigns and legal representatives
to the COUNTY for all covenants, agreements and obligations contained in the
contract documents.
B. DISTRICT 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 DISTRICT, the assignee and the COUNTY. Permission to assign,
however, shall under no circumstances relieve DISTRICT of its liabilities and
obligations under the Agreement.
C. DISTRICT 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 DISTRICT of its liabilities and obligations under the Agreement. Further,
DISTRICT 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
DISTRICT and each subcontractor shall require that the subcontractor's services
be performed in accordance with the terms and conditions specified. DISTRICT
shall make contracts between DISTRICT and subcontractors available upon
request.
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. 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 DISTRICT 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 DISTRICT'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 DISTRICT's compliance.
In the event of a decision to withhold payment, the COUNTY shall furnish prior
written notice to DISTRICT.
B. Upon cancellation or termination of this Agreement, the DISTRICT shall itemize
any and all Incentive Fund expenditures up to the date of cancellation or
termination and return any Incentive Funds not yet expended.
C. Notwithstanding any provision of this Agreement to the contrary, DISTRICT
shall remain liable to the COUNTY for damages sustained by the COUNTY by
• virtue of any breach of this Agreement by DISTRICT. Upon notice to DISTRICT
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of the claimed breach and the amount of the claimed damage, the COUNTY may
• withhold any payments to DISTRICT for the purpose of set-off until such time as
the exact amount of damages due the COUNTY from DISTRICT is determined.
Following notice from the COUNTY of the claimed breach and damage,
DISTRICT 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.
G. Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: INDEPENDENT
DISTRICT; INDEMNIFICATION AND INSURANCE; DATA PRACTICES;
RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS.
11. CONTRACT ADMINISTRATION
In order to coordinate the services of the DISTRICT with the activities of the Hennepin
County Department of Environmental Services so as to accomplish the purposes of this
Agreement, Dave McNary, Solid Waste Division Manager, or his or her successor, shall
manage this Agreement on behalf of the COUNTY and serve as liaison between the
COUNTY and the DISTRICT.
Penny Cleve, Solid Waste Coordinator, who can be contacted at 952-548-6351 or
pcleve@hopkinsmn.com, shall manage the contract on behalf of the DISTRICT.
DISTRICT may replace such person but shall immediately give written notice to the
COUNTY of the name, phone number and email address (if available) of such substitute
person and of any other subsequent substitute person.
12. COMPLIANCE
A. DISTRICT shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. If the source or partial source of fonds for payment of services under this
Agreement is federal, state or other grant monies, DISTRICT shall comply with
• all applicable conditions of the specific referenced or attached grant.
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• 13. PAPER RECYCLING
The COUNTY encourages DISTRICT 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 DISTRICT shall be sent to the address stated in the opening paragraph of the
Agreement or to the address stated in DISTRICT's Form W-9 provided to the COUNTY.
15. PROMOTIONAL LITERATURE
DISTRICT 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.
16. 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.
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Reviewed by the County Attorney's
Office
Assistant County Attorney
Date:
• Recommended for Approval
COUNTY BOARD AUTHORIZATION
By:
Director, Department of Environmental Services
Date:
COUNTY OF BENNEPIN
STATE OF MINNESOTA
By:
Chair of Its County Board
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Richard P. Johnson, County Administrator
Date:
By:
Assistant County Administrator, Public Works
Date:
CITY OF HOPKINS
DISTRICT warrants that the person who executed
this Agreement is authorized to do so on behalf of
DISTRICT as required by applicable articles,
bylaws, resolutions or ordinances.*
Signature:
Name:
(Printed Name)
Title:
(Printed Title)
Date:
*DISTRICT 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 DISTRICT returns the
Agreement to the COUNTY.
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