CR 2013-007 Approve Agreement for Purchase of Services between City of Hopkins and Hennepin County Department of Community Corrections and RehabilitationS
January 2, 2013 NOPKINCouncil Report 2013-007
Approve Agreement for Purchase of Services between City of Hopkins and
Hennepin County Department of Community Corrections and Rehabilitation
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize
the Mayor and City Manager to sign an agreement for purchase of services
through the Hennepin County Sentencing to Service work program.
Overview.
This is an agreement whereby the City agrees to pay the County $38,338.20 for
various work performed for the City by a minimum eight person crew, 4 days per
week, 6 hours per day, from January 1, 2013 — December 31, 2013 (no increase
from 2012) and $39,489.60 for the period from January 1, 2014 — December 31,
2014. These costs include an extra 10 work days/year at city discretion. 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; and other tasks, as assigned.
The City has successfully used the Hennepin County Sentencing to Service work
program during the past several years and they have done a good job of
maintaining the Excelsior Blvd corridor, Downtown Park, City Hall grounds and
other areas. There have been no negative consequences involving the work
crews and the public and the Hennepin County supervisor is always on-site and
in communication with Streets/Parks Superintendent or Parks Foreman.
The cost for these services is included in the 2013 Parks budget. Staff
recommends approval.
Supporting Information.
•Pr posed C my Agreement
Steven J. Stadler
Public Works Director
Financial Impact: $ 38,338.20 Budgeted: Y/N Y Source: PW General Fund
Related Documents (CIP, ERP, etc.): 2013 Parks budget
Notes:
Contract No. A 12123 3
SENTENCING TO SERVICE PROGRAM
SERVICES AGREEMENT
WITH GOVERNMENTAL UNIT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA
("COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the
Hennepin County Department of Community Corrections and Rehabilitation, C-2300
Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487
("DEPARTMENT"), and the CITY OF HOPKINS, 11100 Excelsior Boulevard, Hopkins,
Minnesota 55343 ("CITY').
WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program)
which offers offenders an opportunity to learn landscape maintenance and other marketable
skills; and
WHEREAS, the CITY wishes to purchase the services of the STS Program;
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 THIS AGREEMENT
This Agreement shall be in effect from January 1, 2013 through December 31, 2014, 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:
A. Thirty -Eight Thousand Three Hundred and Thirty -Eight Dollars and Twenty Cents
($38,338.20) for the period January 1, 2013 through December 31, 2013, plus applicable
tax, and
B. Thirty Nine Thousand Four Hundred and Eighty -Nine Dollars and Sixty Cents
($39,489.60) for the period January 1, 2014 through December 31, 2014, plus applicable
tax.
2. SERVICES TO BE PROVIDED
The CITY wishes to utilize the services of the STS Program participants to perform labor
intensive street, grounds and park maintenance related projects (the "Work"). The specific
services to be provided are more thoroughly described in Exhibit A, attached hereto and
incorporated herein by reference.
(STS Form/Governmental Unit Svcs Agr — Revised 11/2012)
Page 1 of 7
The DEPARTMENT agrees to the following with respect to the Work requested:
A. Provide one (1) work crew, four (4) days per week, for the period May 1, 2013 through
October 31, 2013, and provide up to ten (10) additional work crews as requested by the
CITY during 2013. Provide one (1) work crew, four (4) days per week, for the period
May 1, 2014 through October 31, 2014, and provide up to ten (10) additional work crews
as requested by the CITY during 2014. Provide work crews for a minimum of six (6)
hours per day, excluding paid breaks. A work crew will consist of an average of six (6)
participants per day.
B. Provide COUNTY employed crew leader who will be responsible for the transportation,
instruction, and supervision of the STS Program work crew.
C. Provide required personal safety equipment and clothing needed for specific work.
D. Provide basic landscaping tools and equipment needed for specific work.
E. Train each STS Program work crew in necessary safety principles and techniques.
F. Provide quarterly reports to the CITY that show the number of days worked and total
hours of service received.
G. Assume all medical liability for the STS Program participants.
3. RESPONSIBILITIES OF THE CITY
The CITY agrees to the following:
A. Obtain all necessary permits or licenses or special authority for all Work.
B. Assign all work and coordinate material purchases and delivery for projects to be
performed.
4. COST AND PAYMENT FOR SERVICES
A. The CITY shall pay the COUNTY:
1. Five Thousand Eight Hundred and Twenty -Nine Dollars and Twenty Cents
($5,829.20) per month for six (6) months for the services described in this
Agreement, plus Three Hundred and Thirty -Six Dollars and Thirty Cents
($336.30) for each additional work crew as requested by the CITY during 2013,
and
2. Six Thousand and Four Dollars and Twenty -Seven Cents ($6,004.24) per month
for six (6) months for the services described in this Agreement, plus Three
(STS Form/Governmental Unit Svcs Agr — Revised 11/2012)
Page 2 of 7
Hundred and Forty -Six Dollars and Forty Cents ($346.40) for each additional
work crew as requested by the CITY during 2014.
B. The COUNTY shall bill the CITY for all applicable taxes.
C. Payment for services performed by the COUNTY shall be paid by the CITY within thirty
(30) days from the date of invoice. The COUNTY will invoice for services at the end of
each calendar quarter.
5. INDEPENDENT CONTRACTOR
Nothing is intended or should be construed as creating or establishing the relationship of co-
partners between the parties or as constituting either party as the agent, representative, or
employee of the other party for any purpose. Each party is and shall remain an independent
contractor for all services performed under this Agreement. Each party shall secure at its own
expense all personnel required in performing services under this Agreement. Any personnel
or other persons engaged in the performance of any work or services required by a party will
have no contractual relationship with the other party and will not be considered employees of
the other party.
6. INDEMNIFICATION
Each party agrees that it will be responsible and agrees to defend, indemnify, and hold
harmless the other party, its officials, officers, agents, and employees for its own errors, acts,
and omissions and the results thereof to the extent authorized by the law and shall not be
responsible for the errors, acts, and omissions of the other party and the results thereof.
Notwithstanding anything to the contrary in this Section 6, the COUNTY shall have no
liability to the CITY for any cause under or related to this Agreement for any consequential,
special, incidental, punitive, or indirect damages (including without limitation loss of profit,
revenue, business opportunity, or business advantage), whether based upon a claim or action
of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory
or cause of action. Each party's liability shall be governed by and limited in accordance with
Minnesota Statutes, Chapter 466.
7. DATA PRACTICES
Both parties shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws,
rules, regulations, and orders relating to data privacy and confidentiality.
8. SUBCONTRACTING AND ASSIGNMENTS
Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in
part, without the prior written consent of the other party.
9. MERGER AND MODIFICATION
(STS Form/Govemmental Unit Svcs Agr —Revised 11/2012)
Page 3 of 7
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.
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 either party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of this Agreement, it shall be in
default. Unless the default is excused by the nondefaulting party, the nondefaulting party
may upon written notice immediately cancel this Agreement in its entirety. Additionally,
failure of the CITY to comply with the terms of this Agreement shall be just cause for the
COUNTY to immediately cease providing services under this Agreement until the
CITY's compliance.
B. The above remedies shall be in addition to any other right or remedy available to the
parties under this Agreement, law, statute, rule, and/or equity.
C. Either party'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 this Agreement.
D. This Agreement may be cancelled with or without cause by either party upon thirty (30)
days written notice.
11. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so
as to accomplish the purposes of this Agreement, John Ekholm, Corrections Program
Manager, Hennepin County Department of Community Corrections & Rehabilitation,
Community Offender Management Division, 3000 North Second Street, Minneapolis,
Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on
behalf of the COUNTY and serve as liaison between the COUNTY and the CITY.
CITY Project and Billing Contact:
Steven Stadler, Public Works Director
City of Hopkins
11100 Excelsior Boulevard
Hopkins, MN 55343
Office: 952-548-6350 Mobile: 952-292-6875 Fax: 952-939-1381
Email: sstadler�a hopkins.mn.com
(STS Form/Governmental Unit Svcs Agr —Revised 11/2012)
Page 4 of 7
12. 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 this Agreement. Notice to
the CITY shall be sent to the address stated in the opening paragraph of this Agreement.
13. 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.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
(STS Form/Governmental Unit Svcs Agr— Revised 11/2012)
Page 5 of 7
COUNTY BOARD AUTHORIZATION
Reviewed by the County COUNTY OF HENNEPIN
Attorney's Office STATE OF MINNESOTA
Bv:
Date:
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
CITY OF HOPKINS
The CITY warrants that the person who executed
this Agreement is authorized to do so as required
by applicable articles, bylaws, resolutions, or
ordinances.*
Bv: --
Its:
Date:
And:
Its:
Date:
*The 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 same time this Agreement is returned to the COUNTY.
(STS Form/Governmental Unit Svcs Agr—Revised 11/2012)
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Contract No. A 12123 3
EXHIBIT A: SERVICES TO BE PROVIDED
City of Hopkins
11100 Excelsior Boulevard
Hopkins, Minnesota 55343
Percent
Description of NTE Taxable
Street Maintenance — NonTaxable 78%
(Litter pickup, weeding, and mowing along Excelsior Boulevard
median and right-of-way)
Grounds and Park Maintenance - Taxable 22% N/
(Mowing at Hopkins City Hall, Downtown Park, and Shady Oak
Beach)
Total
100%
Hennepin County provides certain services that are taxable in the State of Minnesota.
Appropriate sales tax will be charged for all taxable services provided. Please consult the
Minnesota Department of Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us)
for information on taxability of specific services.
(STS Form/Governmental Unit Svcs Agr — Revised 11/2012)
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