CR 2012-078 Recycling GrantCITY OF
May 23, 2012 H O P K I N S Council Report 2012-078
ADOPTION OF RESOLUTION 2012-047
AUTHORIZING THE SUBMITTAL OF HENNEPIN COUNTY
MUNICIPAL RECYCLING GRANT APPLICATIONS
Proposed Action
Staff recommends adoption of the following motion: "Move to Adopt Resolution No.
2012-047 Authorizing the Submittal of the Hennepin County Recycling Grant
Applications."
Overview
The City of Hopkins began a curbside -recycling program on February 1, 1989 in
response to County and Metropolitan Council mandates. In order to continue to aid
cities in funding their recycling programs, the Hennepin County Board of
Commissioners adopted an updated Residential Recycling Funding Policy to distribute
SCORE (Select Committee on Recycling and Environment) funds to municipalities for
curbside collection of residential recyclables effective from January 1, 2012 through
December 31, 2015. With the adoption of the new Hennepin County Residential
Recycling Funding Policy, the County requires one resolution that is for a term
concurrent with the expiration of this policy and that the resolution and signed
Residential Recycling Agreement be received before SCORE funding will be dispersed.
Primary Issues to Consider
• Is adoption of this Resolution in the best interest of the City of Hopkins?
• What changes to the Residential Recycling Grant Agreement will impact the City of
Hopkins?
Supportinq Information
• Primary Issues to Consider
• Resolution 2012-047
• Copy of Residential Recycling Agreement
Penny A. Clive
Solid Wast oordinator
Financial Impact: $24,600.00 R Budgeted: Y Source: Refuse Utility
Related Documents (CIP, ERP, etc.): None
Council Report 2012 -078
Council Report 2012 -078
Page 2
Primary Issues to Consider
• Is adoption of this Resolution in the best interest of the City of Hopkins?
Council has already approved prior resolutions, which authorized submittal of a grant
application for years 1995-2011. Adoption of the new resolution will complete our 2012
grant application process and allow us to continue to receive funding from Hennepin County
for our recycling program. Each municipality will receive SCORE funds proportional to the
number of eligible residential housing units in its curbside collection program on January 1
of each funding year relative to the total number of eligible residential housing units in the
county that are served by curbside recycling service. Hopkins will receive approximately
$24,600.00 for 2011. SCORE Funds are based on revenue received by the State of
Minnesota from a sales tax on garbage collection and disposal fees. In the event that
SCORE funds are eliminated from the State budget or significantly reduced, the County will
consult with municipalities at that time and develop a subsequent recommendation to the
County Board on continuation of this policy and future funding of curbside recycling
programs.
• What changes to the Residential Recycling Grant Agreement will impact the City of
Hopkins?
1. #2, b, 4) Education and Outreach: a.) requires that the City shall use County
terminology when describing recycling guidelines b.) requires the City to use images
provided by the County or the Solid Waste Management Coordinating Board
(SWMCB) when using images of recyclables c.) requires that the City use the
County's terminology, preparation guidelines and images on the City's website.
In March 2012 the County decided on the terminology and the images to be used.
This information was sent to us in June and the City's Web Designer/Graphic Artist,
Kristi Bucher, has been revising and updating the City's recycling web page and
recycling informational pieces to comply with this requirement. Adopting uniform
terminology and images throughout Hennepin County will reduce the confusion that
can occur when different names are used for the same material.
2. #2, b, 7) Recycling Performance: On an annual basis the City will be required to
demonstrate that a reasonable effort has been made to maintain and increase the
average amount of recyclables collected from their Residential Recycling Program to
at least 725 pounds per household or achieve a minimum recovery rate of 80% by
December 31, 2015.
In 2010 Hopkins averaged 718 pounds of recycling collected per household, making
Hopkins #3 for recycling pounds per household in Hennepin County.
In 2011 Hopkins averaged 759 pounds of recycling collected per household.
Hopkins has already surpassed the 725 average pounds per household that the
County requires by 12/31/2015. Our goal will be to sustain and increase the number
of recycling pounds collected per household through continued education and
interaction with our residents.
CITY OF HOPKINS
RESOLUTION NO. 2012-047
AUTHORIZING THE SUBMITTAL OF HENNEPIN COUNTY
MUNICIPAL RECYCLING GRANT APPLICATIONS
WHEREAS, Pursuant to Minnesota Statue 115A.551, each county in the
metropolitan area will have as a goal to recycle a minimum of 35 percent (35%) by weight
of total solid waste generation, and each county must develop and implement or require
political subdivisions within the county to develop and implement programs, practices, or
methods designed to meet its recycling goal; and
WHEREAS, Pursuant to Minnesota Statue 115A.552, counties shall ensure that
residents have an opportunity to recycle and through Hennepin County Ordinance 13
requires each city to implement a recycling program to enable the County to meet its
recycling goals; and
WHEREAS, the County has adopted a Hennepin County Residential Recycling
Funding Policy to distribute funds to cities for the continued development and
implementation of waste reduction and recycling programs from 1/1/2012 through
12/3112015; and
WHEREAS, to be eligible to receive these County funds, cities must meet the
conditions set forth in the "funding policy"; and
WHEREAS, the City of Hopkins desires to receive these County funds;
THEREFORE, BE IT RESOLVED, that the City of Hopkins, City Council authorizes
the submittal of the Hennepin County Residential Recycling Program; Municipal Recycling
Grant Applications for 2012, 2013, 2014 and 2015; and further authorizes the City
Manager or his designee to execute such grant agreement with the County.
Adopted by the City Council of the City of Hopkins this 17th day of July, 2012.
Eugene J. Maxwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Contract No: A 120112
RESIDENTIAL RECYCLING GRANT AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA,
A-2300 Government Center, Minneapolis, Minnesota 55487 (the "COUNTY"), on behalf of the
Hennepin County Department of Environmental Services, 701 Fourth Avenue South,
Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF HOPKINS, 11100
Excelsior Boulevard, Hopkins, Minnesota 55343 ("CITY").
WITNESSETH:
WHEREAS, the County Board, by Resolution No. 11-047651, adopted on November 29,
2011, approved the Hennepin County Residential Recycling Funding Policy ("Funding Policy")
for the period January 1, 2012, through December 31, 2015, and authorized grant funding for
municipal recycling programs consistent with the Funding Policy; and
WHEREAS, the CITY operates a municipal curbside residential recycling program and
other waste reduction and recycling activities (the "Recycling Program") as described in the
grant application (the "Grant Application") referred to in Section 2 below; and
WHEREAS, the Recycling Program is consistent with Minnesota Statutes, Chapter
115A; the Minnesota Pollution Control Agency's Metropolitan Solid Waste Management Policy
Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's
Residential Recycling Funding Policy.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as
follows:
1. TERM AND COST OF THE AGREEMENT
a. This Agreement shall commence upon execution and terminate on December 31,
2015.
b. The total grant payment for the year 2012 shall be equal to twenty-four thousand
six hundred three dollars ($24,603). Grant payments for subsequent years shall be
calculated as set forth in Section 3.
2. SERVICES TO BE PROVIDED
a. The,CITY shall operate the Recycling Program as more fully described in the
Funding Policy and the Grant Application. The CITY agrees to submit an updated
Grant Application by February 15 of each year of the term of this Agreement in
order to be eligible for grant funds. The application consists of the Re-TRAC
web -based report and a planning document submitted to the COUNTY describing
the programs or activities the CITY will implement to increase recycling and
make progress toward COUNTY goals. The terms of the Grant Application, as
updated each year, are incorporated herein by reference-.
b. In addition to the services referred to above, the CITY agrees as follows:
1) Requests for Proposals and Contracts.
a.) If contracting for curbside recycling services, the CITY shall require a
breakout of the following expenses when renewing or soliciting new
proposals or bids for recycling services:
• Containers — if provided by the hauler,
• Collection service;
• Processing cost per ton;
• Revenue sharing.
b.) The COUNTY recommends the CITY request the following
information in the Request for ProposaUBid or contract:
• Destination of recyclable materials, including the facility name,
location, and end market;
• Monthly prices for recyclable materials by material type;
• Residue rates at the Materials Recovery Facility (MRF);
• Composition of residue.
2) Materials to be Collected. At a minimum. the CITY shall collect the
following materials curbside:
a.) Newspaper and inserts;
b.) Cardboard boxes;
c.) Glass food and beverage containers;
d.) Metal food and beverage cans;
e.) All plastic containers and lids, #1 — Polyethylene Terephthalate (PET,
PETE), #2 High Density Polyethylene (HDPE), #3 — Vinyl Polyvinyl
Chloride (PVC), #4 — Low Density Polyethylene (LDPE) and #5 —
Polypropylene (PP) plastic bottles, except those that previously
contained hazardous materials or motor oil;
f.) Magazines and catalogs;
g.) Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
h.) Boxes from toothpaste. medications and other toiletries;
i.) Aseptic and gable -topped containers; and
j.) Mail, office and school papers.
3) Collection Methods. The CITY shall use one of the following systems to
collect materials at the curb:
a.) Single sort system - all materials combined in one container; or
b.) Dual sort system - glass, metal and plastic together with paper
separate.
If one of these two systems is not currently in place, the CITY must submit a
plan with their 2012 Grant Application for converting to a single or dual sort
system by December 31, 2012. If the CITY is unable to meet this deadline, an
alternative implementation plan must be negotiated with and approved by the
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COUNTY. The implementation plan will include the reasons why an
extension is needed, the projected timeline, and details about each step of the
process. The CITY will also provide the COUNTY with updates to the plan as
implementation progresses.
4) Education and Outreach. The CITY shall:
a.) Use COUNTY terminology when describing recycling guidelines (i.e.
description of materials accepted and not accepted, preparation
guidelines, etc.)
b.) Use images provided by the COUNTY or the Solid Waste
Management Coordinating Board (SWMCB) if using images of
recyclables.
c.) Use the COUNTY's .terminology, preparation guidelines and images
on the CITY's website.
d.) Mail a recycling guide once a year to residents using a template
developed jointly through a communications committee and produced
and printed by the COUNTY at the COUNTY's expense. If the CITY
does not want to use the template produced by the COUNTY, the
CITY may develop its own guide at the municipality's expense, but it
must be approved by the COUNTY. If the CITY relies on the hauler to
provide the recycling guide, this guide would also require approval by
the COUNTY.
e.) Complete two additional education activities from a menu of options
developed by the communications committee to support the priority
message campaign. Templates will be provided by the COUNTY.
Any print material that communicates residential recycling guidelines that
were not provided by the COUNTY template will require COUNTY
approval. This does not apply to waste reduction and reuse, articles on
recycling that do not include guidelines, and social media posts. The
COUNTY will respond within five business days to any communication
piece submitted.
5) Use of Grant Funds.
a.) Grant funds can be used for all Recycling Program expenses including
capital and operating costs. Expenses associated with residential
collection of organics are considered eligible Recycling Program
expenses. However, yard waste expenses are not eligible Recycling
Program expenses. If organics and yard waste are commingled, the
organics expenses must be tracked separately.
b.) All grant funds accepted from the COUNTY must be used for
Recycling Program capital and operating expenses in the year granted.
c.) The CITY may not charge its residents through property tax, utility
fees or any other method for that portion of the costs of its Recycling
Program funded by COUNTY grant funds.
d.) The CITY shall establish a separate accounting mechanism, such as a
project number, activity number, or fund that will separate recycling
and waste reduction revenues and expenditures from other municipal
activities, including solid waste and yard waste activities.
3.
e.) Recycling and waste reduction activities, revenues, and expenditures
are subject to audit by the COUNTY.
Q The CITY shall not retain any grant funds in excess of actual
Recycling Program expenses.
g.) If the CITY does not contract for curbside recycling services, the
CITY will receive grant funds provided that at least ninety percent
(90%) of the grant funds are credited back to residents and the CITY
meets all minimum program requirements. The additional ten percent
(10%) may be used for CITY administrative and promotional
expenses.
6) Reporting Requirements.
a.) The CITY shall submit an annual recycling report to the COUNTY
utilizing the Re-TRAC web -based reporting system by February 15 of
each year. If the CITY is unable to access the Re-TRAC system, the
COUNTY must be contacted by February 1 to make arrangements for
alternative filing of the required report.
b.) The CITY will not report residue as a part of recycling tonnages. The
CITY will make arrangements with its hauler to report residue
separately.
c.) The CITY shall annually measure the participation rate in the curbside
Recycling Program during the month of October. The rate will be
calculated by dividing the number of households setting out recycling
by the total number of households (accounts) with recycling service.
The participation rate will be reported in Re-TRAC.
d.) The CITY shall submit an annual planning document to the COUNTY
describing the programs or activities the CITY will implement to
increase recycling and make progress toward COUNTY goals.
e.) To help monitor progress, the CITY shall provide an update on
recycling tonnages and program activities to the COUNTY upon
request. The CITY shall then provide the quarterly tonnage report
received from its haulers or make arrangements with the haulers to
send the information directly to the COUNTY.
7) Recycling Performance. On an annual basis, the CITY shall demonstrate that
a reasonable effort has been made to maintain and increase the average
amount of recyclables collected from their residential Recycling Program to at
least 725 pounds per household or achieve a minimum recovery rate of 80%
by December 31, 2015. Alternatively, if the CITY has a method in place to
accurately measure total waste generation (garbage and recycling), then the
CITY may choose a 35% recycling rate as the performance standard. To
ensure the accuracy of data for these metrics the CITY will be required, upon
request, to provide documentation on the methodology used to calculate
performance. To the extent practicable, the results should rely on actual data
rather than estimates.
Failure by the CITY to demonstrate measureable progress towards one of
these goals will result in the requirement that a Recycling Improvement Plan
be submitted by the CITY within 90 days of being notified by the COUNTY.
The Recycling Improvement Plan must be negotiated with and approved by
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the COUNTY. The Recycling Improvement Plan will include actions the
CITY will take to improve the performance of its Recycling Program to
achieve the 2015 goals. The plan will focus on program changes and
additional activities in the following areas: materials collected, sort method,
type of container, frequency of collection, education and outreach,
performance measurement, contract management, and incentives. Funding
will be withheld until the CITY's Recycling Improvement Plan is approved by
the COUNTY.
In cooperation with the COUNTY, the CITY may be required to participate in
waste and recycling sorts to identify recovery levels of various recyclables in
their community. Based on the results of the study, the COUNTY and the
CITY will collaborate to increase the recovery of select recyclable materials
being discarded in significant quantities.
8) Public Entity Recycling. Pursuant to Minnesota Statutes, Section §115A.151,
the CITY shall ensure that facilities under its control, from which mixed
municipal solid waste is collected, have containers for at least three recyclable
materials, such as, but not limited to, paper, glass, plastic, and metal, and
transfer all recyclable materials collected to a recycler.
METHOD OF PAYMENT
a. The COUNTY will annually distribute to Hennepin County municipalities grant
funds only to the extent the COUNTY receives SCORE funds from the State of
Minnesota. SCORE funds are based on revenue received by the State of Minnesota from
a sales tax on garbage collection and disposal fees. SCORE funds are subject to change
based on actual revenue received by the State and funds allocated by the legislature. The
following formula will be utilized to determine the CITY's SCORE grant for each year:
# of Households Served
Curbside by CITY Total SCORE Revenue _ Grant Funds
X Received by COUNTY Distributed to
Total # of Households Served from State of Minnesota CITY
Curbside in COUNTY
b. Under no circumstances will the COUNTY's distribution of grant funds exceed
the CITY's proportion of SCORE fund revenues received by the COUNTY.
C. The initial grant fund payment will be forwarded after the County Board receives
and approves this Agreement signed by an authorized official of the CITY.
Provided the CITY is otherwise in compliance with the terms of this Agreement,
future grant fund payments will be made after submittal by the CITY and
approval by the COUNTY of the updated Grant Application as described in
Section 2 and receipt by the COUNTY of SCORE funds from the State of
Minnesota.
d. Annual grant payments will be made to the CITY in two equal payments. One
payment will be made after the COUNTY receives the Grant Application, which
consists of the Re-TRAC report and a planning document. A second payment will
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be made after the report has been approved, measurable progress toward the 2015
goal has been confirmed, and, if necessary, a Recycling Improvement Plan has
been approved by the COUNTY. If the CITY meets the COUNTY requirements,
both payments will be made during the same calendar year.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
5. INDEPENDENT CONTRACTOR
CITY 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 a
partnership or a joint venture between the parties or as constituting CITY as the agent,
representative, or employee of the COUNTY for any purpose. CITY is and shall remain
an independent contractor for all services performed under this Agreement. CITY shall
secure at its own expense all personnel required in performing services under this
Agreement. Any personnel of CITY or other persons while engaged in the performance
of any work or services required by CITY 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 CITY, its officers, agents, contractors, or employees. CITY 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.
7. INDEMNIFICATION
CITY 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 omission of CITY, 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 CITY to perform any obligation under this
Agreement.
INSURANCE
A. With respect to the services provided pursuant to this Agreement, CITY 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, either
under a self-insurance program or purchased insurance:
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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:
Workers' Compensation
Employer's Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
3. Professional Liability—Per Claim
Aggregate
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
Limits
Statutory
500,000
500,000
500,000
11 111
111 111
B. 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 CITY to determine the need for and to procure additional
insurance which may be needed in connection with this Agreement. Upon written
request, CITY shall promptly submit copies of insurance policies to the
COUNTY.
CITY shall not commence work until it has obtained required insurance and filed
with the COUNTY, a properly executed Certificate of Insurance establishing
compliance. The certificate(s) must name Hennepin County as the certificate
holder and as an additional insured for the liability coverage(s) for all operations
covered under the Agreement. If the certificate form contains a certificate holder
notification provision, the certificate shall state that the insurer will endeavor to
mail the COUNTY 30 day prior written notice in the event of cancellation of any
described policies. If CITY receives notice of cancellation from an insurer, CITY
shall fax or email a copy of the cancellation notice to the COUNTY within two
business days.
CITY shall furnish to the COUNTY updated certificates during the term of this
Agreement as insurance policies expire. If CITY fails to furnish proof of
insurance coverages, the COUNTY may withhold payments and/or pursue any
other right or remedy allowed under the contract, law, equity, and/or statute. The
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COUNTY does not waive any rights or assume any obligations by not strictly
enforcing the requirements set forth in this section.
C. Duty to Notify. CITY shall promptly notify the COUNTY of any claim, action,
cause of action or litigation brought against CITY, its employees, officers, agents
or subcontractors, which arises out of the services contained in this Agreement.
CITY shall also notify the COUNTY whenever CITY has a reasonable basis for
believing that CITY 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 to provide the notices required
by this section is a material violation of the terms and conditions of this
Agreement.
9. DATA PRACTICES
CITY, 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 (HIPAA) and implementing regulations, if applicable, and all other
applicable state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality. CITY agrees to defend, indemnify and hold harmless the COUNTY, its
officials, officers, agents, employees, and volunteers from any claims resulting from
CITY'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. CITY 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.
10. RECORDS — AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CITY agrees
that the COUNTY, the State 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 CITY and involve transactions relating to this Agreement. CITY shall
maintain these materials and allow access during the period of this Agreement and for six
(6) years after its termination or cancellation.
11. SUCCESSORS. SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to the
COUNTY for all covenants, agreements and obligations contained in the contract
documents.
B. CITY 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
M
necessary, accomplished by execution of a form prepared by the COUNTY and
signed by CITY, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve CITY of its liabilities and obligations under
the Agreement.
C. CITY 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 CITY of
its liabilities and obligations under the Agreement. Further, CITY 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 CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with the terms and conditions specified. CITY shall make contracts
between CITY and subcontractors available upon request.
12. 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.
13. DEFAULT AND CANCELLATION
A. If CITY 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 CITY'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 CITY's compliance. In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to CITY.
B. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to the COUNTY for damages sustained by the COUNTY by virtue
of any breach of this Agreement by CITY.
C. 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.
D. 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
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constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
E. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice.
F. Upon early termination or cancellation of this Agreement, the CITY shall itemize
any and all grant funds expenditures up to the date of termination or cancellation
and return such -rant funds not yet expended.
G. Upon written notice, COUNTY may immediately suspend or cancel this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this
project from an outside source is withdrawn, frozen, shut -down, is otherwise
made unavailable or COUNTY loses the outside funding for any other reason; or
(iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any services that are provided
after notice and effective date of termination. In the event COUNTY cancels this
Agreement pursuant to the terms in this paragraph 13(G), COUNTY shall pay any
amount due and payable prior to the notice of suspension or cancellation pursuant
to the terms herein except that COUNTY shall not be obligated to pay any amount
as or for penalties, early termination fees, charges, time and materials for services
not then performed, costs, expenses or profits on work done.
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: INDEPENDENT
CONTRACTOR: INDEMNIFICATION; INSURANCE; DATA PRACTICES;
RECORDS-AVAILABILITY/ACCESS: DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE: and MINNESOTA LAW GOVERNS.
15. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the Department of
Environmental Services so as to accomplish the purposes of this contract, Dave McNary,
Solid Waste Division Manager, or his or her successor, shall manage this contract on
behalf of the COUNTY and serve as liaison between the COUNTY and the CITY.
16. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. CITY shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. CITY shall comply with all applicable conditions of the specific referenced grant.
17. SUBCONTRACTOR PAYMENT
As required by Minnesota Statutes Section 471.425, Subd. 4a, CITY shall pay any
subcontractor within ten (10) days of CITY's receipt of payment from the COUNTY for
undisputed services provided by the subcontractor. CITY shall pay interest of 11/z percent
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per month or any part of a month to the subcontractor on any undisputed amount not paid
on time to the subcontractor. The minimum monthly interest penalty payment for an
unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than
$100.00, CITY shall pay the actual penalty due to the subcontractor. A subcontractor
who prevails in a civil action to collect interest penalties from a prime contractor must be
awarded its costs and disbursements, including any attorney's fees, incurred in bringing
the action.
18. PAPER RECYCLING
The COUNTY encourages CITY to develop and implement an office paper and
newsprint recycling program.
19. 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 CITY shall be sent to the address stated in the opening paragraph of the
Agreement.
20. CONFLICT OF INTEREST
CITY affirms that to the best of CITY's knowledge, CITY's involvement in this
Agreement does not result in a conflict of interest with any party or entity which may be
affected by the terms of this Agreement. CITY agrees that, should any conflict or
potential conflict of interest become known to CITY, CITY will immediately -notify the
COUNTY of the conflict or potential conflict, specifying the part of this Agreement
giving rise to the conflict or potential conflict, and will advise the COUNTY whether
CITY will or will not resign from the other engagement or representation.
21. PROMOTIONAL LITERATURE
CITY agrees, to the extent applicable, to abide by the current Hennepin County
Communications Policy (available upon request). This obligation includes, but is not
limited to, CITY not using the term "Hennepin County" or any derivative in any
promotional literature, advertisements of any type or form or client lists without the
express prior written consent of a COUNTY Department Director or equivalent.
22. 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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COUNTY BOARD AUTHORIZATION
Reviewed by the County Attorney's
Office
Assistant County Attorney
Date:
Recommended for Approval
By:
Director, Department of Environmental Services
Date:
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Ma
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
CITY warrants that the person who executed
this Aareement is authorized to do so on behalf of
CITY as required by applicable articles.
bylaws, resolutions or ordinances.*
Signature:
Name (Printed):
Title:
Date:
*CITY 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 CITY returns the Agreement to the COUNTY.
Documentation is not required for a sole proprietorship.
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