HomeMy WebLinkAboutCC RES 94-017 RESOLUTION APPROVING SUBMITTAL OF THE 1994 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
103418
Box: 26
Folder: RES 1994
Document: CC RES 94017 RESOLUTION APPROVING SUBMITTAL OF
THE 1994 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT
APPLICATION
CITY OF ST. ANTHONY
RESOLUTION 94-017
A RESOLUTION APPROVING SUBMITTAL OF THE 1994 HENNEPIN COUNTY
MUNICIPAL RECYCLING GRANT APPLICATION
WHEREAS, Hennepin County has made a portion of its Municipal 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 would 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 1994 Hennepin County Municipal Recycling Grant
application and entering into a contract for this program.
Adopted this I I--i day of J an tt,a_r� , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration: i
City Manager
•
► 1
Contract No. A06514
1994 MUNICIPAL RECYCLING GRANT AGREEMENT
THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, -STATE OF
MINNESOTA, hereinafter called the "County", through its Environmental Management
Division, 417 North Fifth Street, Minneapolis, Minnesota 55401, and the CITY OF
SAINT ANTHONY, hereinafter called the "City", 3301 Silver Lake Road North East,
Saint Anthony, Minnesota 55418.
WITNESSETH:
WHEREAS, the County Board, by Resolution No. 94-3-198 on the Fifteenth day
of March, authorized funding for the City of Saint Anthony to use for its
Recycling Program from January 1, 1994, through December 31, 1994, and
WHEREAS, said Recycling Program is consistent with Minnesota Statutes,
Section 115A.02 and 115A.03, as amended by the Laws of Minnesota 1992, Chapter
685, and Minnesota Statutes 473.8011; the Metropolitan Council 's Solid Waste
Management Development Guide/Policy Plan; Hennepin County's Solid Waste Master
Plan; and Hennepin County's Residential Recycling Funding Policy.
NOW THEREFORE, THE COUNTY AND CITY AGREE AS FOLLOWS:
I. SERVICES TO BE PERFORMED
1 . The City will operate its Recycling Program as more fully described in the
Grant Application, Attachment A which is incorporated and made part of
this Agreement.
2. In addition to the services as referred to above, the City Agrees:
a. The City must recycle 18 percent of its residential waste stream or
the percentage achieved in 1992, whichever is greater. If the City
fails to achieve this percentage goal , it will be required to submit
a plan for Hennepin County approval to increase abatement within 90
days of the submittal of the Final Report.
b. At a minimum, the City shall collect the following materials at
curbside:
1. Newspaper and advertising supplements;
2. Corrugated cardboard;
3. Clear, brown, and green glass food and
beverage containers;
4. Metal food and beverage cans; and
5. All plastic bottles with a neck except
bottles that previously contained -
hazardous materials or motor oil .
C. A Semi-Annual and Final Report shall be submitted to the County by
July 31, 1994, and February 15, 1995, respectively, on forms
provided by the County.
d. All entitlement- 'funds, accepted from the. County shall be used for
waste reduction and recycling capital and operating expenses in the
year granted; any unused funds shall -be returned to the County by
April 1 , 1995.
e. 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 which is funded by County entitlement.
f. The City shall establish a separate accounting mechanism, such as a
project number, activity number, cost center or fund that will
separate recycling revenues and expenditures from all other
municipal activities, including solid waste and yard waste
activities.
g. All recycling and waste reduction activities, revenues and
expenditures are subject to audit by the County.
h. The City must measure participation of its residents in curbside
recycling during the months of May and October. A method for
measuring participation at least as reliable as a click count or
tallying method must be used. The .participation rates must be
submitted with both the Semi-Annual and Final Reports.
i . If the City does not contract for curbside services, the City will
receive the entitlement provided that the City credit entitlement
funds back to those residents who have curbside collection service
and the City's participation rate of those residents is greater
than or equal to the average participation rate of all cities in the
County as measured in section h.
j. The City's municipal solid waste programs must be consistent with
the state's preferred waste management practices as delineated in
Minnesota Statute 115A.02, the County's Solid Waste Management
Master Plan and all County ordinances.
II. TERM OF THIS AGREEMENT
This Agreement shall commence on January 1, 1994, and terminate on December 31,
1994.
2 i
.I
III. METHOD OF COMPENSATION
1. In consideration of the services as, described above and contained in the
attached 1994 Hennepin County Grant Application, the County agrees to pay
the City $21.00 per City household per year times 1,792 eligible City
households, a sum not to exceed $37,632 for waste reduction and recycling
capital and operating expenses.
2. Entitlement funds will be disbursed as follows: (1) one-third of the Grant
Application amount following County Board approval of the Grant
Application and execution of this agreement; (2) one-third of the Grant
Application amount upon receipt and approval of the Semi-Annual report;
and (3) the balance upon receipt and approval of the Final Report.
3. Payment to the City will be made in the manner prescribed by Minnesota
Statute, Section 471.425 governing the County's payments of claims and/or
invoices.
IV. HOLD HARMLESS AGREEMENT
Consistent with the specific limits, exclusions, and conditions expressed in
Minnesota Statutes, Chapter 466, the City agrees to defend, indemnify, and hold
.Y harmless the County, including its elected officials, officers, agents, and
employees from any and all liability (statutory or otherwise) , claims, suits,
damages, judgments, interest-, costs or expenses, including reasonable attorneys'
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 City to fully
perform, in any respect, all obligations under this agreement.
V. INSURANCE
1. In order to protect the City and those listed above under the hold
harmless provisions, the City agrees at all times during the term of this
Agreement or any renewal thereof to have and keep in force insurance,
either under a self-insurance program or separate insurance policy, as
follows:
a. Commercial General Liability to include the following coverage and
insurance limits. Contractual liability coverage must be included.
Limits
General Aggregate $600,000
Products-Completed Operations Aggregate 600,000
Personal and Advertising Injury 600,000
Each Occurrence 600,000
Fire Damage - Any One Fire 100,000
Medical Expense - Per Person 5,000
is 3
b. Automobile Liability including owned, non-owned, and hired
automobiles. Combined bodily injury and property damage
$600,000
C. Workers Compensation Employers Liability
Bodily Injury by Accident-Each -Accident $100,000
Bodily Injury by Disease -Policy Limit 500,000
Bodily Injury by Disease -Each Employee 100,000
An umbrella or excess policy over primary liability coverage is an
acceptable method to provide the required insurance limits.
2. The above establishes minimum insurance requirements. It is the sole
responsibility of the City to determine the- need for and to procure
additional coverage which may be needed in connection with this Agreement.
If the City does not have a self-insurance program, the City shall not
commence work until the City has obtained the required insurance and filed
with the County an acceptable certificate of insurance. The certificate
shall include the following stipulations:
Name Hennepin County as certificate holder and as an additional
insured for all liability coverage (except Workers Compensation
Employers Liability) .
List any exceptions to-the insurance requirements.
Amend the certificate of insurance to show Hennepin County will
receive 30 days written notice in the event of cancellation,
non-renewal or material change in any described policy or policies.
Delete the wording: "Endeavor to" and "but failure to provide such
written notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives" .
3. The City shall require that each of its subcontractors, while performing
services in the operation of the City's recycling program, have and keep
in force insurance as follows:
a.- Commercial General Liability to include the following coverage and
limits of insurance. Contractual liability coverage must be
included.
Limits
General Aggregate $1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal and Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage - Any One Fire 100,000
Medical Expense - Per Person 5,000
4
b. Automobile Liability including owned, non-owned, and hired
automobiles. Combined bodily injury and property damage
$1,000,000
C. Workers' Compensation Employers Liability. If the contractor is
based outside the State of Minnesota, an-all states endorsement must
be provided.
Bodily Injury by Accident Each Accident $100,000
Bodily Injury by Disease Policy Limit 1,000,000
Bodily Injury by Disease Each Employee 100,000
An umbrella or excess policy over primary liability coverage is an acceptable
method to provide the required insurance limits.
A certificate of insurance naming the City as certificate holder and as an
additional insured shall be furnished to the City prior to commencement of
operations.
VI. NON-ASSIGNMENT OF SERVICES
<.; The City shall not assign, sublet, transfer or pledge this Agreement without the
prior written approval of the County.
VII. 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
expense, all personnel required for 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, and any and all claims that may or 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 elected officials, 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
persons 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.
is 5
VIII. COMPLIANCE WITH LAWS
The City agrees to comply with all applicable state and federal statutes,
regulations, and ordinances pertaining to solid waste management and recycling
including, but not limited to, the applicable provisions in Minnesota Statutes,
Chapter 115A and 473.01, now in force or hereafter enacted.
IX. AFFIRMATIVE ACTION
The City and its contractors shall follow the City's Affirmative Action policy
against discrimination.
Hennepin County shall follow its Affirmative Action policy against
discrimination.
X. DATA PRIVACY
The City agrees to abide by the provisions of the Minnesota Government Data
Practices Act and all other applicable state and federal laws, rules and
regulations relating to data privacy or confidentiality, and as any of the same
may be amended. The City agrees to defend and hold the County, its officers,
agents and employees harmless from any claims resulting from the City's unlawful
disclosure and/or use of such protected data.
XI. RECORD AVAILABILITY •
The City agrees that the County, the State Auditor 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 and involve transactions relating to this Agreement.
Such material must be retained for five (5) years by the City. The City's
accounting practices and procedures relevant to this Agreement shall also be
subject to examination by any or all of the aforesaid persons as often as and
during such times as aforesaid.
XII. 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 to writing as an Amendment to this
Agreement and signed by both parties.
6 •
XIII. MINNESOTA LAYS GOVERN
The Laws of the State of Minnesota shall govern,al1 questions and interpretations
concerning the validity - and, construction of this Agreement and the Yegal
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.
` XIV. TERMINATION
This Agreement may be terminated by either party by written notice to the other
party at least thirty (30) days prior to the specified effective date of
termination. In addition, the County shall have the right to terminate this
Agreement on ten (10) days' written notice if the City's performance is not
timely or is substantially unsatisfactory or if the City has violated any of the
covenants, agreements, or stipulations in this Agreement. Notwithstanding the
above, the City shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the Agreement by the City.
The County may withhold any payment to the City for the purposes set forth until
such time as the exact amount of damages due the County from the City is
• determined.
i XV. CONTRACT ADMINISTRATION
In order to coordinate the service of the City with the activities of the
Environmental Management Division so as to accomplish the purposes of this
contract, Carl Michaud, Recycling Program Manager, will manage this contract on
behalf of the County and will serve as liaison between the County and City.
XVI. CONTINUATION OF OBLIGATION
The obligations and/or warranties of the City and County shall survive the
performance and cancellation or termination of this Agreement.
• 7
r
IN WITNESS WHEREOF, the parties have caused this Agreement to b
executed by their dulyuthorized representative as to this L5-�day
of 1994.
Approved as to form and COUNTY OF HENNEPIN
execution: STATE OF MINNES TA
LC, By:
ssis nt County ney C air its County Boar
7
Date -,2/- And: Oh-vl.�,
County A min rator
ATTEST:
0t.. dip er o County oar
e: -5
Approved as to form CITY OF SAINT ANTHONY
STATE OF MINNESOTA
By:
City Attorney
Z er'm
(Title)
And:
(Title)
CHECK ONE: Charter: Option A: Option B: X
8
y • • 1994 (MUNICIPAL RECYCLING GRANT APPLICATION
Hennepin County Residential Recycling Program
January 1 - December 31, 1994 -
St. Anthony (68% Hennepin County) -/..ic:, oivis:on
• City
Mal 71M.9M.100
Please provide a brief description of your city's recycling program within the space below. include information on
promotional and waste reduction activities planned for this period. Note any major program changes from previous year.
A resolution passed by your Council/Board/Commission approving submittal of this application must be attached.
The City of St. Anthony requires residential haulers to collect recyclables through a curbside program to be licensed
within the City. Glass, newsprint, cans, corrugated cardboard,and plastic bottles are collected on a weekly basis on the
same day as the general refuse. Haulers are required to report monthly or quarterly to the City the amounts of recyclable
materials collected. Two of the four licensed residential haulers also collected magazines/catalogues and mixed paper.
In addition to having a curbside program, the City also has a contract with BFI, Inc. for the collection of the same
recyclables (including magazines and catalogues) for the drop-off center as the curbside program.
The City will require the collection of magazines/catalogues, mixed paper, and rigid plastics to the curbside program
only if the collection is mandated by Hennepin county.
The City established an Environmental Quality/Recycling Committee in 1993. This committee will study local
environmental and recycling issues and make recommendations to the City for changes and improvements.
The City also provides a spring and fall clean up day that includes pick-up of items including: recyclables,brush, white
goods, furniture, cars and motorcycles, tires and electronic equipment.
The City publishes a quarterly newsletter which includes recycling updates. The City also publishes a Special Edition
Newsletter in the fall of each year which is devoted exclusively to environmental and recycling information and eduction.
;,\}�`{t{v�,.�}:{yo-:�Y'}x?s.' �c u�,�. •,.a,•,�'.o\,tom;•.. a::1'}o-... .,w. �. ...Aw•o}. •,x• :wK'•a .�.
�,R4hi:•}.,u�r„t��u''+Y.:>tio;�°,?C�� :!a:,}:;txti'IA�S�:`�;3a3r.::�Ga?*q:tar'^4S:}}}N!,:\xo}`.2row:wk? .--x. -..-•::•?2�Y:. :.Hz.,.. 2h'- {w.. .:3 :o... `.?4.M:.:-.{::..-�:.:.?•:-•.
A. Method City Uses To Fund Its Portion Of The Recycling Expenses:
General Fund: O Yes 16 No Utility Bill: O Yes fb No Monthly Charge/HH on Utility Bill: $ 0
B. Curbside Collection -Licensee: Walter's Rubbish; Waste Management; Twin City Sanitation;
Woodlake Sanitary Service
C. Contract Dates/Term:March 15 for 1 year D. Collection Cost HH/MO: $ 0
E. Collection Frequency: 0 Weekly O Bi-weekly O Twice Monthly
F. Refuse and Recycling Collected Same Day: J Yes O No
1w•otk' ",c ;r{ab, '�mi::«f: ,•' e', ;�-.YY,.`- N.Pnx,,' ,�..'h�L.a� •." :-: .:o-•:.,•: 1,
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....::...::.... x.:. :....,. ..- .,•....}:-... �.. - -::,. :...-nom}-'•'
A. Program Administration 2,080 X 35% X $12.00 X 68% $ 5,940.48
B. Promotional Activities 7,500 X 68% $ 5,100.00
C. Collection
Curbside $ 0
Drop-Off 10,200 X 68% $ 6,936
D. ;EfSttY (�410i� 1QlD1bX�fldt�Qlb X9 Rebate to Residents $ 19,655.52
\.A,4:Z.v:'--: ..• ...-- .:::•. .r:,..•.::-.:..:-}::?.,:,::... ,..,.,•.... ,,.:::.... .ri.??':::::::i.:.:•i.:ii :i:.�'}•. ``•.}:LCiy'.i::axe-::::::%•4n:}:..:.
......:,-:::. }r:;•,3'iji+;:'1:-Aj::.
Ota Ez. ...nditures:7 1. ?<
Anticipated Revenues from Sale of Recyclables. o-`'`_'`
::.aQiU•c`- iy�. 4`•:�i �0a:;;,'�Ki� �•;n:«.a<aw:,.x.�tex•• ''�.<Aat ..».�.^"^;c
F"LM1792 x $1.75 per Household x 12 Months = $ 37,632-
- Method
7,632Method Used to Determine#of Households Served(check all that apply
):%�`k�v._: •:Sr:iiia<•;c+ :}2,• "vk"' ::,a:;r•�*:t' y ;;;�A::::'::: ,::��,,F
#Pro ert 'Tax Records Utility Bill' R
Y+. Q: �Y �9 eoonds�:�.Bi�iiding.Permt�s) •,Oth-ei(specifjr)-: .;<:<..::.v,..�:::<.:::;:..:
*All figures at 100% for entire city
A. Residential Source-Separated Collections Curbside Drop-Off M(i-Horu�sn g Total Tons
PAPER: Newspaper 236 234 56 526
Corrugated Cardboard 14 39 3 56
Office Paper
Mixed Paper/Junk Mail 18 18
Magazines 16 16
Phone Books
Computer Paper
Other Paper
METAL: Alum. Cans& Foil 10 2 1 13
Steel 8 Tin Cans 19 3 4 26
Commingled Cans
Scrap Metal
GLASS: Food& Beverage 92 14 34 140
Other Glass
PLASTIC: PET
HDPE
Commingled Bottles 12 5 2 19
Polystyrene
Film Plastics
Other Plastics
OTHER Vehicle Batteries 1 1
RECYCLABLES: Textiles
Carpet
Household Goods 2 2
Other 4 4
Other
Other
82 .5.5828 : . .. _ Total Tons . :` :40 := 320.:;..:: :•:::;:: :.:>. g - :..::.:_>: .:=821 -..:`::_-
Rec cltn % otal Tons divided b Res:Waste Gen.
. :y. . g:::. ..':.(T. by Res. 3 .::.' 4 :: ::.•::
B. Other Materials Collected (Not Recycled)
Tires 1 tire= 20 lbs.
Oil 1 gallon=8 lbs.
Other
Other
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Mayor or City Man w, Date Regang Coordina Date