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90-082 . . . RESOLUTION NO. 82-90 A RESOLUTION APPROVING 1990 SOLID WASTE MANAGEMENT AGREEMENT HENNEPIN COUNTY AND CITY OF SHOREWOOD WHEREAS, the City of Shorewood is desirous of continuing the Shorewood recycling program through December 31, 1990, and it has submitted a request for funding from the Hennepin County Board of Commissioners; and WHEREAS, the Board has approved the City's request for funding subject to terms and conditions contained in that certain Solid Waste Management Agreement (Agreement) attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City Council hereby approves the said Agreement between the City of Shorewood and the County of Hennepin. 2. That the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL 27th day of August, 1990. SHOREWOOD this ATTEST: I' ;/ t Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - . . . ( ~4 , Dated: August 30, 1990 CERTIFICATION STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) I, Laurence E. Whittaker, duly appointed City Administrator/Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a me~ting held on the 27th day of Augus t , 19 90 c ~> wlccl~. a rence E. Whittaker City Administrator/Clerk '-, ';~,\ '\:.... - 9 '"eI90 'h(O' ..J . . . BUREAU OF PUBLIC SERVICE A- 2309 Government Center Minneapolis, Minnesota 55487-0239 HENNEPIN Phone (612) 348-6509 August 8, 1990 Mr. Laurence Whittaker Clerk~Administrator city of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Whittaker: Two copies of the Solid Waste Agreement for 1990 between Hennepin County and the City of Shorewood are enclosed. please have both copies signed and return them to me. We will return one ~the copies to you-'once all the signatures have been obtained. please return these signed copies as quickly as possible as we need a contract with all required signatures before I can request the semiannual payment for your city. If you have any questions please call me at 348-6509. s~;~~ 'Lois M. Hudlow Recycling program Enclosure HENNEPIN COUNlY an equal opportunity employer ~~ Ii :It-3D , t, - 'j 1$90 Contract No. A03090 SOLID WASTE MANAGEMENT AGREEMENT . THIS AGREEMENT by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter called the "County", through its Bureau of Public Works, A-2400 Government Center, Minneapolis, Minnesota 55487, and the CITY OF SHOREWOOD, hereinafter called the "City", 5755 Country Club Road, Shorewood, Minnesota 55331. WITNESSETH: WHEREAS, the County Board, by Resolution No. 90-7-591, on the 24th day of July, authorized funding for the City of Shorewood to use for its Recycling program from January 1, 1990, through December 31, 1990, and WHEREAS, said Recycling program is consistent with Minnesota Statutes, Section 115A.02 and 115.03, as amended by the Laws of Minnesota 1988, Chapter 685, and Minnesota statutes 473.801; the Metropolitan Council's Solid Waste Management Development GuidejPolicy plan; Hennepin County's Solid Waste Master plan; and Hennepin County's source separation/recycling policies. NOVV, THEREFORE, ~T IS HEREBY AGREED: 1. SERVICES TO BE PERFORMED . a. . The City will operate its (curbside, drop-off, composting) Recycling program as more fully described in Attachment A incorporated and made part of this Agreement. b. In addition to the services as referred to above, the City agrees to: (1) The City will identify the County as a project co-sponsor in all publicity materials and presentations. This statement shall --- visually and/or verbally be as prominent as the City's name. Equal type size must be used when giving the County credit on promotional materials. All promotional materials printed for distribution shall include the statement, II... this program is 80% funded by the Hennepin County Board of Commissioners." Where feasible, all publicity materials should make use of the IIHennepin Recycles" logo. The City will provide the County with a minimum of ten copies of all printed promotional materials on a quarterly basis. . (2) The City will furnish the County with the tonnage of materials recovered on a quarterly basis. The tonnage reports are due April 30, July 31, october 31 and January 31. The City is required to maintain weight tickets or other receipts to document that the materials were recycled. The City must incorporate a clause in its contract with private recycling collection and processing companies that requires the collector and/or processor to report quarterly where the materials were recycled and provide the County and City with access to business records to verify the informa tion. HCA Form No. 110 Rev. 2/90 page 1 . . . " (3) The city will submit a complete mid-year report by August 1, 1990. The County will provide the City with the mid-year report form. The mid-year report will serve as the basis for reimbursement of municipal expenses for the period of January 1, 1990, through June 30, 1990. (4) The City must submit a completed final report for the calendar year 1990 by February 28, 1991. The County will provide the City with the final report form. The final report will serve as the basis for reimbursement of municipal expenses for the calendar year. ( 5) , The City must submi t one copy of each agreement the ci ty has with any company it contracts with for services to collect, process and/or market the recyclable materials. (6) The City must not charge its ,residents through property tax or utility fees or any other method for that portion of the costs of its recycling program reimbursed by the County. (7) The City must measure participation of its residents in the recYcling program using the measurement methods and time periods specified by the County. The participation rates must be submitted with the mid-year and final reports. 2. TERM OF THIS AGREEMENT This Agreement shall commence on January 1, 1990, and terminate on June 1, 1991. 3. COMPENSATION a. In consideration of the services as described above and contained in Attachment.A, the County agrees to pay the City a sum not to exceed $40,937.00 for collection services, equipment costs, labor, promotion, administration, and development and operating costs of drop-off recycling centers. b. The City shall submit invoices semiannually to the County for reimbursement for net costs incurred. c. The County will retain 20 percent of each payment. Funds retained will be disbursed (1) upon receipt and approval of the final written report (2) in accordance with the table below and upon verification of recovered tonnages; and (3) after final termination of net program expenditures. Page 2 . . . Shorewood Reimbursement Schedule Year Total Solid Waste (Tons) Materials Recovered % Funding Assistance (Of Net program Costs) 1989 2,146 0-150 151-172 173-193 194-215 216+ prorated 50% 60% 70% 80% d. payment to the City will be made as provided by law for payments of claims against the County. 4. LIABILITY, INDEMNIFICATION, AND INSURANCES a. The City agrees to defend, indemnify, and hold the County, its officers, and employees harmless from any liability, claims, damages, costs, judgements, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors or 'omissions of the City, its agents, officers, employees, or contractors in the performance of the services provided by this Agreement; and against all loss by reason of the failure of the parties to fully perform, in any respect, all obligations under this ;Agreement. b. The City shall by separate policy or under its self-insurance program maintain and keep in force at all times during the term of this Agreement or any renewal thereof the following insurance coverage: (1) Single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from'one occurrence, and $600,000 for total personal injuries arising from one occurrence. (2) A single limit or combined limit or~excess umbrella automobile liability policy, if applicable, covering owned, non-owned, and hired vehicles used regularly in the provision of services under this Agreement in an amount not less than $600,000 per accident for property damage, $200,000 for death and bodily injuries and/or damages of anyone person, and $600,000 for total bodily injuries and/or damages arising from anyone occurrence. c. contemporaneously with the execution of this Agreement, the City shall furnish the County with certificates of insurance evidencing the above-required coverage. Page 3 , . .. ' . . . . '. 5. NON-ASSIGNMENT OF SERVICES The provisions of this Agreement shall not be assigned, sublet, or transferred without the prior written approval of the County. 6. INDEPENDENT CONTRACTOR 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 City as the agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that it has, or will secure at its own expenses, all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons, while engaged in the performance of any work or services required by the terms of this Agreement, shall have no contractual relationship with the County, and shall not be considered employees of the County, and any and all claims that mayor 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 the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend, indemnify, and hold the County, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other per'sons shall not require, nor be entitled to, any compensation, rights, or benefits of any kind whatsoever from the County including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, unemployment Compensation, disability, severance pay, and PERA. 7. COMPLIANCE WITH LAWS The City agrees to comply with all State statutes, regulations, and ordinances pertaining to solid, waste management and recycling including, but not limited to, the applicable provision in Minnesota Statutes, Chapter 115A, and 473.01 now in force or hereafter enacted. 8. DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the City in the performance of the provisions of this contract is governed by the Minnesota Government Data practices Act, Minnesota statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. Page 4 ',. ".. .. . . . . 9. MERGER AND MODIFICATION 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 hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced writing as an Amendment to this Agreement signed by both parties. 10. CANCELLATION This Agreement may be cancelled 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 Bureau of Public Works so as to accomplish the purposes of this contract, Carl Michaud, Recycling Coordinator, shall manage this contract on behalf of the County and serve as liaison between the County and the City. page 5 ~ '" 1 . . . ,. . , ~ . The city, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on , 19 , and pursuant to such approval and the proper County officials having signed this --- Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality, form, and execution. COUNTY OF HENNEPIN, STATE OF MINNESOTA Assistant County Attorney By: Chairman of Its County Board Date: Date: And: Associate County Administrator Date: ATTEST: Clerk of the County Board . Date: Date: '- v: rY de; / C)L? () ATrEST: C;?(~(~2F' L~ Title: ~of ~L ~ Form No. 110 .v. 2/90 page 6