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CR 08-030 Approve Agreement for Purchase btwn City of Hopkins & Hennepin County Dept of Corrections G �TY OF NOPKINS . March 13, 2008 Council Report 2008-030 Approve Agreement for Purchase of Services between City of Hopkins and Hennepin County Department of Community Corrections Proposed Action. Staff recommends adoption of the following motio�: Move that Council authorize the Makor and City Manager to sign an aqreement for purchase of services through the Hennepin County Department of Community Corrections Sentencinq to Service work program. Overview. This is an agreement whereby the City agrees to pay the County $24,000 in exchange for various work tasks perFormed for the City by a six-eight person crew, 3 days per week, 6 hours per day, from April 28, 2008 — October 31, 2008. 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/cleaning; and other tasks, as assigned. • The City successfully used the Hennepin County Sentencing to Service work program last year and they did a good job of maintaining the Excelsior Blvd �orridor, Downtown Park, City Hall and other areas. There were no negative consequences involving the work crews and the public and the Hennepin County supervisor was always on-site and in communication with a Parks MW IV or Foreman. We have added one day per week this year to expand the STS work scope to include other projects such as: painting hockey boards, graffiti removal from the Hwy 169 Bridge, more downtown planting area maintenance, cleaning alley center v-notches, etc. The cost for the program was budgeted in the 2008 Parks budget. Staff recommends approval. Su�porting Information. • Propos d County Agreement Steven J. Sta ler Public Works Director Financial Impact: 24 000 Budgeted: Y/N Y Source: PW General Fund Related Documents (CIP, ERP, etc.): 2008 Parks budget • Notes: • Agreement for Purchase of Services Between City of Hopkins And Hennepin County This agreement made by and betwe�n the City of Hopkins (hereinafter ("CITY") and Hennepin County, on behalf of the Hennepin County Department of Community Corrections (herein after "HENNEPIN COUNTY") for the purpose of the CITY to utilize Hennepin County Sentencing to Service ("STS") work crew(s). HENNEPIN COUNTY Community Corrections operates the Sentencing to Service general work program, which utilizes offenders who are working off court-ordered obligations in lieu of other sanctions, or as sole sanction, for low-level offenses. The CITY wishes to utilize STS participants to work at CITY facilities for labor intensive Streets, Forestry, Park Maintenance and Utility Maintenance related projects. Each STS crew will be supervised by a Hennepin County-employed STS crewleader, who will be responsible for transportation, instruction and supervision of the crew for quality work perFormance and job safety. STS program participants are not employees of the CITY. • IT IS AGREED: Duties of HENNEPIN COUNTY. HENNEPIN COUNTY AGREES TO: A. Provide a HENNEPIN COUNTY-employed crewleader who will be responsible for transportation, instruction and supervision of the STS crew for quality work performance and job safety. B. Provide STS work crew(s) for a minimum of six (6) hours per day, excluding paid breaks. C. Assume all medical liability for the STS program participants and the HENNEPIN COUNTY-employed supervisor. D. Train each STS work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements. E. Provide required personal safety equipment and clothing needed for specific work. F. Provide basic construction tools needed for specific work. G. Provide quarterly reports to the CITY that shows the number of days worked and total hours of service received. • 1 . Duties of the eITY. The CITY agrees to: A. Obtain all necessary permits or licenses or special authority for all projects that utilize STS labor. B. Assign all work and coordinate material purchases and delivery for STS projects. Consideration and terms of pavment. A. CONSIDERATION: The CITY agrees to pay an annual cost of $24,000.00 for a crew in 2008 and HENNEPIN COUNTY guarantees a minimum of three (3) days per week service for six (6) months (May through October) at an average of eight (8) offenders per day. B. TERMS OF PAYMENT: Payment for services are to be billed quarterly to the CITY by HENNEPIN COUNTY, payable within thirty (30) days. C. Additional temporary and/or partial crews may be utilized by the CITY during the term of this agreement upon mutual agreement of both parties at an agreed upon negotiated rate consistent with the terms of this agreement. Terms of Contract. • This agreement shall authorize the CITY to utilize one (1) HENNEPIN COUNTY Sentencing . to Service work �revii duri�g the period of April 28, 2008 through October 31, 2008. Cancellation. The CITY and HENNEPIN COUNTY reserve the absolute right to cancel this agreement upon thirty (30) days written notice. Payments are only for actual work performed until the date of cancellation. Indemnification. Each party shall be liable for its own acts and the results thereof, to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents) from any liability claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the perFormance or failure to adequately perform its obligations under this agreement. The provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) and other applicable law shall govern each party's liability. • 2 � CITY OF HOPKINS COUNTY OF HENNEPIN STATE OF MINNESOTA By: By: (Name) Assistant/Deputy County Administrator By: (Title) Chair of the County Board Approved as to Form: (Signature) (Date) Assistant County Attorney By: � (Name) (Date) . Approved as to Execution: (Title) (Signature) Assistant County Attorney (Date) (Date) ATTEST: Deputy/Clerk of the County Board • 3