HomeMy WebLinkAboutCC RES 03-025 A RESOLUTION APPROVING SUBMITTAL OF THE 2003 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION Meeting Sheet
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Box: 31
Folder: RES 2003
Document: CC RES 03-025 A RESOLUTION APPROVING SUBMITTAL OF
THE 2003 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT
APPLICATION
•
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 03 - 025
A RESOLUTION APPROVING SUBMITTAL OF THE 2003
HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION
WHEREAS, Hennepin County has made a portion of its Municiapl Recycling Grant revenues
available to the City for its municipal source-separated recyclables program; and
WHEREAS, the City of St. Anthony has completed the required grant application; and
WHEREAS, the funds will be used for the City's source-separated recyclables program.
NOW,THEREFORE, BE IT RESOLVED THAT the City Council of the City of St. Anthony
• hereby approves the submittal of the 2003 Hennepin County Municipal Recycling Grant
application and entering into a contract for this program.
Adopted this day of , 2003.
7
l 1
yor
ATTEST:
City Clerk
Reviewed for Administration:
City Mairager
•
2002 MUNICIPAL RECYCLING FINAL REPORT
2003 MUNICIPAL RECYCLING GRANT APPLICATION
' Hennepin County Residential Recycling Program
January 1 —December 31, 2002
5t.&fho r y Ui lla61e,
AM Municipality
,Par„t12002EXPElVQfaTU €S •A�;' x� � � >�sy`�:. '� "�" �" s � � =��_ � �-, r�� ' �y.,
A. Program Administration $
B. Promotional Activities $ DO
C. Collection Curbside $
Drop-Off $
D. Curbside Collection Containers $ (�
Total Expenditures $ P5, a 9
Revenues from Sale of Recyclables $ 3 D
�Paq II'. tJ02
KW N,
A. Residential Source-Separated Collections Curbside4 Drop-Off Multi-Housing Total Tons
Paper Newspaper
91
Corrugated Cardboard q3 3
Office Paper
Mixed Paper/Junk Mail
Magazines -7(0
Phone Books 0 UL
Other Paper '
Metal Alum. Cans& Foil Lf
Steel&Tin Cans G
Commingled Cans
Scrap Metal
Glass Food& Beverage
Other Glass
Plastic PET
HDPE
Commingled Bottles 3
Polystyrene
Other Plastics d3 a 3
Other Vehicle Batteries
Recyclables Textiles
Carpet
Household Goods
Appliances 3
Totally rrl Ingle (On Sort)
Othe 3OhsS o?. (05
Other
Total Tonstold
,i
B. Number(#) of Households (HH)with Curbside Recycling Service Available as of January 1, 2003:
Single family (14 units)
Multi-family(5 units and above) + c!�
Total households with curbside recycling service available
Methods Used to Determine Number of Households with Service Available (check all that apply):
Property Tax Records Utility Bill Records Building Permits _ Other(specify)
D. Average Pounds of Recyclables per Household(HH):
Avg. lbs./HH = (Total Tons/Total#of HH)*2000
a'a Illr~PARTICIPA ®N IN�OCITOBER2002 '.< �� +� - M`� " 0M,:�• , -''m, -".c s�, � '''
Week Number Of HH With Curbside Number Of HH Setting Out yclables Participation Rate
Recycling Service Available Rec
9/30-10 Z1q,
r
10/07-10/12 O, J
� . a
10/14-10/19 5
10/21-10/26
Totals (O
-
Please attach a brief description of your city's recycling program, including materials collected. Include information on
romotional activities done in 2002 and tanned in 2003. Note an ma'or ro ram chan es from revious ears.
A. Method City Uses to Fund its Portion of the Recycling Expenses:
General Fund: Yes ,- No _ Utility Bill: Yes _ No Monthly charge on resident's bill only: $ NI
B. Curbside Collection Contractors: Organized Open Does Contractor
ommin I-.,>
1• LFT ps Yes No
2. h Yes No
3• I ^ Y IS s es No
4. V V C-Ift Q�YV1C h� S Yes No
5• Yes No
L* Commingling is collecting different materials in one bag (e.g.collecting metal cans,glass and plastic in one container and all papers in the other).
Contract Dates/Term: lwms art aaj1k1vtA1114
D. Contractor's Recycling Collection Cost/HH/Month: $�-eA1 �SeK-
E. Collection Frequency: Weekly Bi-weekly _ Twice Monthly _
F. Refuse and Recycling Collected Same Day: Yes No
G. Contractors that Collect MSW at Municipal Owned Facilities:
Vt—Z* ftMO.. me n.Ij
2.
H. MSW Disposal Facilities that are Being Used by Contractors Listed in Item G:
2.
I. Municipal Ordinance Requiring Recycling by:
Single Family Residents: Yes No _ Mulit-family Residents: Yes _ No Businesses: Yes No
Mug �.- ��� \
y'
[R�ecycl=i
a or Cit M Hager/A r erkLAX
ato/
•
FINAL REPORT AND GRANT APPLICATION DUE FEBRUARY 15, 2003
2002 Municipal Recycling Final Report
Hennepin County Residential Recycling Program
January 1 —December 31,2002
Part IV. Description of Recycling Program (2002 Actual/2003 Planned)
The City of St. Anthony requires residential and commercial haulers to obtain a City
License to collect recyclables through a curbside program established by the City. Glass,
newsprint, cans, corrugated cardboard and plastic bottles are collected on a weekly basis
and on the same day as the general refuse pick-up. Haulers are required to report the
amounts of recyclable materials collected monthly or quarterly to the City. Two of the
four haulers also collect magazines, catalogues, phone books and mixed paper.
In addition to having a curbside program, the City has contracted with BFI, Inc. for the
collection of the same recyclables for the City's Spring Clean-up and Recycling Day. As
part of the Spring Clean-up and Recycling program, the City provides for the pick-up and
recycling of items such as brush, white goods, furniture, vehicles,tires and electronic
equipment. Without this service, these items would otherwise enter the waste stream and
be landfilled.
• The City publishes a quarterly newsletter that includes recycling updates and related
information. "Village Notes" has a dedicated "Recycling" page on the back cover.
The City also promotes and practices recycling activities within City Departments. All
office paper is recycled; aluminum cans are collected and recycled; fluorescent light
bulbs are collected and recycled; vehicle fluids are recycled where appropriate; and
printer cartridges are sent to be recycled. All other miscellaneous waste is reused,
recycled or picked up by a garbage hauler if materials are not recyclable. The City's
hauler is Waste Management.
•
qq - 53 ,-7
Contract No: A030711
• Vendor No.: 000067830
MUNICIPAL RECYCLING GRANT AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the"COUNTY," A-2300
Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County
Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401-
1397, hereinafter referred to as the"DEPARTMENT"and the CITY OF SAINT ANTHONY,
3301 Silver Lake Road NE, Saint Anthony, MN 55418-1699, hereinafter referred to as the
"CITY".
WITNESSETH:
WHEREAS, the COUNTY Board, by Resolution No. 99-8-532, on the 311 day of August
1999, authorized funding for municipal recycling programs from January 1, 2000, through
December 31, 2004, and
WHEREAS, the CITY has a municipal recycling program (the Recycling Program) as
described in their grant application referred to in paragraph 2 below, and
WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Chapter
115A; the Office of Environmental Assistance 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,
2003.
b. The cost of this Agreement shall not exceed Eleven thousand four hundred ninety
dollars ($11,490).
•
HCA Form No. 101 2003(Revised 02/03) 1
2. SERVICES TO BE PROVIDED •
a. The CITY will operate its Recycling Program as more fully described in the Grant
Application that was submitted by the CITY and kept on file with the COUNTY.
b. In addition to the services referred to above, the CITY agrees as follows:
1. On an annual basis, the CITY must demonstrate that the average pounds of
recyclables collected from households participating in their curbside
residential recycling program must equal or surpass the 1999 base year
figure. The base year figure is determined by dividing total pounds of
recyclables collected in 1999 by the total number of households
participating in the curbside recycling program in 1999. Failure to achieve
this annual goal will result in the requirement that a plan be submitted for
COUNTY approval that specifies the efforts the CITY will undertake to
increase the recycling percentage within 90 days of the submittal of the
municipal year-end report.
2. At a minimum, the CITY shall collect the following materials at curbside:
a. Newspaper and advertising supplements;
b. Corrugated cardboard;
C. Clear, brown, and green glass food and beverage containers; •
d. Metal food and beverage containers;
e. All plastic bottles with a neck, except bottles that previously
contained hazardous materials or motor oil; and
f. Magazines and catalogs.
3. The CITY must estimate its participation rate in the curbside recycling
program during the month of October. Methodology for measuring
participation must be approved by the COUNTY.
4. The CITY shall submit, on forms provided by the COUNTY, a Final 2003
Report by February 15, 2004.
5. All grant funds accepted by the CITY from the COUNTY pursuant to this
Agreement (SCORE Funds) shall be used to operate its Recycling
Program, and for waste reduction and recycling capital and operating
expenses related thereto, in the year granted. The CITY shall not retain
any SCORE funds in excess of actual Recycling Program expenses.
6. 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
that is funded by SCORE funds. •
i
HCA Form No. 101 2003(Revised 02/03) 2
• 7. The CITY shall establish a separate accounting mechanism, such as a
project number, activity number, cost center, or fund that will separate
recycling and waste reduction revenues and expenditures from all other
municipal activities, including solid waste and yard waste activities.
8. Recycling and waste reduction activities, revenues, and expenditures are
subject to audit by the COUNTY.
9. If the CITY does not contract for curbside services, the CITY will receive
SCORE funds provided that at lease ninety percent(90%) of the SCORE
funds are credited back to residents and the CITY meets all minimum
program requirements. The additional ten percent(10%) of SCORE funds
may be used for CITY administrative and promotional expenses.
3. METHOD OF COMPENSATION
a. The COUNTY will distribute SCORE funds only to the extent the COUNTY has
received such funds from the State of Minnesota. The CITY will receive SCORE
funds per the formula below:
# of Households
• Serviced Curbside by Total SCORE SCORE Funds
CITY Revenue
X Received by = Distributed to
COUNTY from State CITY
of Minnesota _
Total #of --�
Households Serviced
Curbside in
COUNTY
b. The COUNTY shall pay the CITY an amount not to exceed Eleven thousand four
hundred ninety dollars ($11,490). This amount is based upon previous SCORE
fund amounts received by the COUNTY. Under no circumstances will the
COUNTY's obligation of SCORE fund distribution exceed the CITY's proportion
of SCORE fund revenues received by the COUNTY.
C. The SCORE fund payment will be forwarded after the COUNTY Board receives
and approves this Agreement signed by an authorized official of the CITY.
4. INDEPENDENT CONTRACTOR
• The CITY shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
HCA Form No. 101 2003(Revised 02/03) 3
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 or in any manner
whatsoever. The CITY is to be and shall remain an independent contractor with respect
to all services performed under this Agreement. The CITY represents that it has or will
secure at its own expense 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 CITY under this Agreement shall
have no contractual relationship with the COUNTY, and shall not be considered
employees of the COUNTY. Any and all claims that may or might arise under the
Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said 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.
The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers, and employees from any and 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 whatsoever 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. The 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 the 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 the CITY to perform fully, in any respect, all obligations
under this Agreement.
b. In order to protect the CITY and those listed above under the indemnification
provision, the CITY agrees at all times during the term of this Agreement, and
beyond such term when so required, to have and keep in force insurance, either
under a self-insurance program or insurance policies as follows:
Limits
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage: •
HCA Form No. 101 2003 (Revised 02/03) 4
• General Aggregate $1,000,000
Products—Completed Operations Aggregate 1,000,000
Personal and Advertising Injury 1,000,000
Each Occurrence—Combined Bodily
Injury and Property Damage 1,000,000
(2) Workers' Compensation and Employer's Liability:
Workers' Compensation Statutory
If the CITY is based outside the State of
Minnesota, coverage must apply to
Minnesota law
Employer's Liability. Bodily injury by:
Accident—Each Accident 100,000
Disease—Policy Limit 500,000
Disease—Each Employee 100,000
(3) Professional Liability—Per Claim and Aggregate 1,000,000
The professional liability insurance must be maintained
continuously for a period of two years after the termination
• of this Agreement.
C. The above establishes minimum insurance requirements. Copies of insurance
policies shall be promptly submitted to the COUNTY upon written request.
6. DATA PRIVACY
CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors
agree to abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13, 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, and as any of
the same may be amended. 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. The
terms of this paragraph 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 (as may be
amended), the CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor
HCA Form No. 101 2003(Revised 02/03) 5
or any of their duly 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 the CITY and involve
transactions relating to this Agreement. Such materials shall be maintained and such
access and rights shall be in force and effect during the period of this Agreement and for
six (6) years after its termination or cancellation.
8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
a. The CITY binds itself, its partners, successors, assigns and legal representatives to
the COUNTY in respect to all covenants, agreements and obligations contained in
the contract documents. The CITY shall not assign, subcontract, transfer or
pledge this Agreement and/or the services to be performed hereunder, whether in
whole or in part, nor assign any monies due or to become due to it hereunder
without the prior written consent of the COUNTY.
b. Permission to subcontract, however, shall under no circumstances relieve the
CITY of its liabilities and obligations under the Agreement. Further, the CITY
shall be fully responsible for the acts, omissions, and failure of its subcontractors
in the performance of the herein specified contractual services, and of person(s)
directly or indirectly employed by subcontractors. Contracts between the CITY •
and each subcontractor shall require that the subcontractor's services be
performed in accordance with the terms and conditions herein specified. A
consent to assign shall be accomplished by execution of a form prepared by the
COUNTY and signed by the CITY, the assignee and the COUNTY.
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 hereof. All items
referred to in this Agreement are incorporated or attached and are deemed to be
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 hereto.
10. DEFAULT AND CANCELLATION
a. If the 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, this shall
HCA Form No. 101 2003(Revised 02/03) 6
• constitute a default. Unless the 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 for delaying payment until the City's compliance. In
the event of a decision to withhold payment, the COUNTY shall furnish prior
written notice to the CITY.
b. Notwithstanding any provision of this Agreement to the contrary,the CITY shall
not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of this Agreement by the CITY.
C. Upon early termination or cancellation of this Agreement, the CITY shall itemize
any and all SCORE Funds expenditures up to the date of termination or
cancellation and return such SCORE Funds not yet expended.
d. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this contract, 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) days' written notice.
g. In the event the COUNTY does not receive any SCORE Funds, this Agreement
will be terminated upon written notice by the County.
11. 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, Carl Michaud,
Solid Waste and Recycling Program 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.
12. COMPLIANCE
The CITY shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances pertaining to solid waste reduction, management, and recycling in
• force or hereafter enacted.
z
HCA Form No. 101 2003(Revised 02/03) 7
13. PAPER RECYCLING •
The COUNTY encourages the CITY 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 hereto under the terms of
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 the CITY shall be sent to the address stated in the opening
paragraph of the Agreement.
15. PROMOTIONAL LITERATURE
CITY agrees that the terms "Hennepin COUNTY"or any derivative thereof 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 contract and the legal relations between
the herein parties and performance under it. The appropriate venue and jurisdiction for
any litigation hereunder will be those courts located within the COUNTY of Hennepin,
State of Minnesota. Litigation, however, in the federal courts involving the herein 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
•
HCA Form No. 101 2003(Revised 02/03) 8 {
• COUNTY BOARD APPROVAL
CITY OF SAINT ANTHONY, having signed this Agreement, and the Hennepin
JUNTY Board of Commissioners having duly approved this Agreement on the 2�-day of
,?O , and pursuant to such approval, the proper COUNTY officials having
Signe this Agreement, the parties hereto agree to be bound by the provisions herein set forth.
Approved as to form COUNTY OF HENNEPIN
FZ e ecut' n STATE jt2qOTA
was personally signed by the
By: mens
Assistant C UNT ttorney ChairmLItsCOUNTY'96 d
Date: C
ATTEST:
Deput / erk of CO Board
And:
Assistant/Deputy/COUNTY AYmnistrator
RECOMMENDED FOR APPROVAL
• By: , e'5i��7 ��
Director, Det f Environmental Services
Date: ZV—L-�)-3
CITY O SAINT ANTHONY
By
Its: 5515 hf" pictna Iv
And:
Its:
CITY organized under:
StatutoryOption A Option BX Charter
HCA Form No. 101 2003(Revised 02/03) 9