HomeMy WebLinkAbout8.d. Goodwill AgreementsP.O. BOX 510
0 2875 -145TH ST. W.
ROSEMOUNT, MINNESOTA 55068
osemount 612-423-4411
TO: Mayor Knutson �•
Councilmembers Napper
Tucker
Walsh
Willard
FROM: Stephan Jilk, Administrator/Clerk
DATE: December 11, 1987
RE: Renewal of Agreements Related to Goodwill Attended Collection
Center for 1988
For the past several years, the cities of Apple Valley, Lakeville and Rosemount
have cooperatively sponsored an attended recycling center for the benefit of
the `residents of all three cities. This center is operated by Goodwill
Industries, Inc. according to the terms of an agreement with the three cities.
As you may recall, funds which are used to support the center are made
available from various funding sources on a,year-to-year basis. In that the
cities have no certainty that these funds will be continued every year, the
necessary agreements between the ,,ci ties and Goodwill, and between the three
cities themselves, are limited to one year in duration.
We have been assured that funding for the center will be available for 1988,
and we have made application for these funds. Given the likelihood that they
will be approved, it is now appropriate to consider the 1988 renewal of the
following agreements:
(1) Joint Powers Agreement to Provide Recycling Services (yellow pages)
(2) Cities/Goodwill Recylable Collection Agreement (blue pages).
These agreements are similar to last year's agreements, with the one exception
being that the identified funding sources have been changed to reflect the
current availability of financial support. Although the Metropolitan Council
is no longer providing funds to support such activities, the total amount of
funding available has nonetheless increased, thereby insuring adequate funding
for our proposed 1988 activities.
These agreements have also been distributed to Goodwill and the other two
cities for their consideration. It is anticipated that they will be considered
by those parties in early December, 1987.
Should you have any questions regarding the above, please feel free to give
Dean Johnson a call prior to the meeting.
smj
JOINT POWERS AGREEMENT
TO PROVIDE RECYCLING SERVICES
AGREEMENT made this day of , 1987 by and among the
Cities of Apple Valley, Lakeville and Rosemount, (hereinafter collectively refer-
red to as the Cities).
1. AUTHORITY.
This Agreement is entered into pursuant to Minn. Stat. 472.59.
2. PURPOSE.
The purpose of this Agreement is to outline the financial and opera-
tional responsibilities of the Cities related to the operation of an attended
recycling center/yard waste composting facility (the Facility).
3. FINANCE.
3.1 Financial support for the operation of the Facility is being provided
____.through the following programs:
a. Dakota County Landfill Abatement Funding Assistance Programs;
b. Dakota County Tonnage Payment Program.
3.2 The Cities agree to financially support the Facility with the 1988
proceeds from the above programs as detailed in Attachments A and B to this
Agreement. Any financial contribution made to support the Facility is contingent
upon the Cities receiving full disbursement from the above programs. Attachment
A dictates the maximum City supported expenses which may be incurred in operating
the Facility for the duration of this Agreement. Additional contributions,
either real or in-kind, may be made by any City at the discretion of the City's
governing body. Attachment B to this Agreement outlines the projected cash flow
schedule for the Facility for the duration of this Agreement.
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4. IN-KIND CITY CONTRIBUTIONS,
4.1 The Cities agree to assist the Contractor in publicizing the Facility
by periodically assisting in the distribution of recycling -related information.
The distribution of such information shall be at the option of each individual
City. Such information shall be distributed via municipal newsletters, water
bill enclosures, general media news releases, and other mutually agreeable com-
munication methods.
5. NONDISCRIMINATION,
The Facility shall be available for use without regard to race, color,
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creed, religion, sex, or national origin.
6. TERMINATION,
6.1 This Agreement shall terminate in the event the Cities/Goodwill Re-
cyclable Collection Agreement no longer remains in full force and effect.
6.2 This Agreement shall terminate, and the Cities shall not be liable for
further performance after such termination, if,it shall become invalid by reason
of any present or future law or repeal therbof.
7. DURATION,
This Agreement shall take effect upon execution, and shall continue in
effect through December 31, 1988.
IN WITNESS,WHEREOF, the Cities hereto have caused this Agreement to be exe-
cuted by their respective duly authorized officers.
CITY OF APPLE VALLEY
Dated:
Mayor
2
City Clerk
CITY OF LAKEVILLE
Dated:
Mayor
Administrator
CITY OF ROSEMOUNT
Dated:
Mayor
Administrator
3
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CITIES/GOODWILL RECYCLABLE COLLECTION AGREEMENT
AGREEMENT made this day of , 1987, by and
among the Cities of Apple Valley, Lakeville and Rosemount (hereinafter collectively
referred to as "the Cities"), and Goodwill Industries, Inc./Easter Seal Society of
Minnesota (hereinafter referred to as "the Contractor").
1. AUTHORITY.
This Agreement is entered into pursuant to Minn. Stat. (412.221, Subdivi-
sions 22 and 32.
2. INTENT.
F
It is the intent of the Cities and the Contractor to jointly operate an
attended recycling center/yard waste composting facility ("the Facility") for use
by the residents of the Cities.
3. DEFINITIONS.
3.1 "Household Items" shall mean usable clothing, books, small appliances,
toys, furniture, and other materials as mutually agreed upon by the Cities and
Contractor.
3.2 "Recyclable Materials" shall mean newsprint, unsorted glass, unsorted
aluminum, and other materials as mutually agreed upon by the Cities and Contractor.
3.3 "City Residents" shall mean individuals who reside within the corporate
boundaries of Apple Valley, Lakeville, and Rosemount.
4. DUTIES OF THE CONTRACTOR.
4.1 The Contractor agrees to furnish personnel on the site a minimum of 2920
hours per year for the purpose of collecting all usable Household Items and Re-
cyclable Materials and monitoring the delivery of yard wastes to the site.
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4.2 The Contractor agrees to accept all usable Household Items and Recyclable
Materials which City Residents may deliver to the site and offer as donations. The
donated materials immediately become the property of the Contractor and must be
placed inside the collection trailer, if at all practical.
4.3 The Contractor shall keep all equipment used in the performance of this
Agreement in a condition which is clean, sanitary, and mechanically sound.
4.4 The Contractor agrees to maintain the site free of blowing trash and
other debris.
4.5 The Contractor agrees to provide to the Cities all receipts and other
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documentation necessary to process claims for reimbursement from the following
programs:
a. Dakota County Landfill Abatement Funding Assistance Programs;
b. Dakota County Tonnage Payment Program.
The receipts and other documentation provided by the Contractor shall, at a
minimum, identify:
a. The recycling contractor, broker or market;
b. The date the material was weighed or sold to a contractor, broker,
or market; and
C. The weight of the material, or the total price and price per ton
received for the material.
4.6 To the extent the recycling/composting facility is supported by funds
from the above programs, the Contractor agrees to comply with all guidelines and
requirements mandated by the funding programs. Cessation of operation at the
Facility may necessitate the return by the Contractor of capital equipment pur-
chased with funds provided by Dakota County. Such equipment includes, but shall
not be limited to, a Great Dane semi -trailer, VIN number F27504419-1977 and a
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Trailmobile semi -trailer, VIN number W23701021-1969. In such event, the Contractor
agrees to comply with the written direction of the Cities for the disposal or re-
turn of such capital equipment.
4.7 The Contractor agrees to provide to the Cities full access to all records
related to the performance of this Agreement. The Contractor shall retain all
documentation related to this Agreement for three years following the termination
of this Agreement. Such records shall be made available for audit or inspection at
any time upon request of the Cities or their representatives.
4.8 The Contractor agrees to provide advertising and public relations for the
Facility in order to promote the use of the Facility by community residents. Such
efforts shall include the formation of a volunteer group of citizens interested in
recycling practices which shall engage in promotional activities.
5. DUTIES OF THE CITIES
5.1 The Cities agree to assist the Contractor in publicizing the Facility by
periodically assisting in the distribution of recycling -related information. The
distribution of such information shall be at the option of each individual city.
Such information may be distributed via municipal newsletters, water bill enclo-
sures, general media news releases, and other mutually agreeable communication
methods.
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5.2 The Cities agree to financially support the Facility, with the 1988 pro-
ceeds from the following programs:
a. Dakota County Landfill Abatement Funding Assistance Programs;
b. Dakota County Tonnage Payment Program.
Attachments A and B to this Agreement detail the Cities projected financial contri-
bution to the Facility. Any financial contribution made to support the Facility is
contingent upon the Cities receiving full disbursement from the above programs.
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Attachment A dictates the maximum city supported expenses which may be incurred in
operating the Facility for the duration of this Agreement. Expenditures above and
beyond those listed shall not be incurred in anticipation of City reimbursement
unless specifically authorized in writing by each of the Cities. Attachment B to
this Agreement outlines the projected cash flow schedule for the Facility for the
duration of this Agreement.
6. INSURANCE.
6.1 The following insurance shall be taken out and maintained by the Con-
tractor:
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a. Comprehensive general liability insurance against.liability imposed
by law for bodily injury or death in the sum of not less than
$300,000 each individual, $600,000 each occurrence, and against
liability for property damage of not less than $50,000 for each
occurrence.
b. Workers' compensation insurance and employers' liability insurance
as required by law. ,•
C. Vehicle liability and property damage insurance, including coverage
for non -owned and hired vehicles, in limits as for comprehensive
general liability coverage above.
6.2 The Cities shall be named as additional insureds to the above policies
for coverage needed only for work as specified in the Agreement. Each policy shall
provide that the coverage may not be terminated or changed by the insurer except
upon 30 days written notice to the City Clerks of each of the Cities.
6.3 No policy shall contain any provisions for exclusions from liability
other than provisions for exclusion from liability forming part of the standard
basic unamended and unendorsed form of policy, except that no exclusion will be
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permitted in any event if it conflicts with a coverage expressly required in this
Agreement. In addition, no policy shall contain any exclusion from bodily injury
to, or sickness, disease or death of any coverage under the contractual liability
endorsement of the liability of the Contractor under this Agreement.
6.4 Compliance by the Contractor with the foregoing requirements to carry
insurance and furnish certificates shall not relieve the Contractor from liability
assumed under any provision of this contract.
7. INDEMNIFICATION.
The Contractor shall indemnify and hold harmless the Cities and their
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officers, agents and employees from and against claims, damages, losses or ex-
penses, including attorney fees, for which it may be held liable, arising out of or
resulting from the assertion against them of any claims, debts or obligations
arising out of work performed pursuant to this agreement by the Contractor, its.
employees or agents.
8. NON-DISCRIMINATORY PRACTICES.
Minnesota Statutes (181.59, whichjprohibits discrimination on account of
race, creed or color in the performance of public contracts, is made a part of this
agreement with the same force and effect as if set out herein verbatim.
9. TERMINATION.
The Cities or the Contractor shall have,the right to terminate this
Agreement upon 10 days written notice in the event of breach thereof by the other
party. A continuing breach shall not be deemed to be waived due to a failure to
promptly effect termination. This Agreement shall terminate, and neither the
Cities nor the Contractor shall be liable for further performance after such ter-
mination, if it shall become invalid by reason of any present or future law or
repeal thereof. The Contractor shall retain, maintain, and provide access to the
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Cities for all records as required by Section 4.8 of this Agreement upon termina-
tion.
10. DURATION
This Agreement shall take effect upon execution, and shall continue in effect
through December 31, 1988.
EXECUTED as of the day and year first above written.
CITY OF APPLE VALLEY
Mayor
City Clerk
CITY OF ROSEMOUNT
Mayor
Administrator
R
CITY OF LAKEVILLE
Mayor P
Administrator
GOODWILL/EASTER SEAL OF MINNESOTA.