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HomeMy WebLinkAbout4G - Recycling Grant Scott Cty. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: FISCAL IMPACT: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: STAFF AGENDA REPORT 4 (g) BRET WOODSON, RECREATION SUPERVISOR RECYCLING GRANT AGREEMENT WITH SCOTT COUNTY JULY 3, 1995 For the past six years, the City of Prior Lake has organized and sponsored a spring or fall clean-up / recycling day. This program has allowed residents of Prior Lake to recycle or dispose of many items, such as: old batteries, appliances, tires, scrap metat brush, and yard waste. The city has been able to offer this program at a reasonable rate to the residents of the community because it has received a grant from Scott County. This year the county has set aside $4,698.00 for the City of Prior Lake for a recycling / clean-up day. In order to capture these funds the city must enter into an agreement with Scott County expressing an interest in the funding. This past April a grant application was submitted to the Scott County Environmental Health Department requesting grant funding assistance for a possible future recycling / clean-up day. This grant was pursued for the purpose of having a mechanism for funding in the event that the city council approves a fall recycling / clean-up day for 1995 as it has done for the last six years. By entering into this agreement as a part of the consent agenda, the city is not obligating itself to offering a fall clean-up day. The purpose is to reserve the funds that would be necessary to offer such a program if it were to be approved at a later date. Staff intends to reserve the funds now and bring back a proposal to offer a fall recycling / clean-up day at one of the August city council meetings. These costs have historically been drawn from the miscellaneous account in Building Inspection. The revenues from the program offset the expenses so there is no budgetary impact. To approve this item as a part of the consent agenda to solidify the funds necessary to offer a fall recycling / clean-up day to be approved by council at a future council meeting. Motion to approve this, genda item as a part of the consent agenda is in order. Two copi ~ of the agreement are attached, and need to be 1:1 h th Mayor and the City Manager. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this 4th day of April, 1995, between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as COUNTY by and through the Scott County Board of Commissioners, and THE CITY OF PRIOR LAKE, Scott County Minnesota, hereinafter referred to as CITY, by and through the City Council. WITNESSETH: WHEREAS, Minn. stat. Sect. 473.8441, establishes the Local Recycling Development Program providing grants to counties to be distributed by the Metropolitan Council; and WHEREAS, Minn. stat. Sect. 1ISA.557, establishes the County Waste Reduction and Recycling Funding program to be distributed by the Minnesota Office of Waste Management; and WHEREAS, Scott County has received funding from the Metropolitan Council identified as Local Recycling Grant SG-94-37 and from the Office Of Environmental Assistance; and WHEREAS, These funds are to be used for the activities specified in the Metropolitan Council Grant Agreement SG-94-37 and Scott County Resolution No. 90090; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE This Agreement shall establish a mechanism for distribution of funds obtained from the Metropolitan Council and Minnesota Office of Environmental Assistance in accordance with respective agreements related thereto for implementation and/or enhancement of recycling programs in Cities and Townships within Scott County consistent with the County Solid Waste Master Plan as approved by the Metropolitan Council. 2. EFFECTIVE DATE OP AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 1 3 . TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1995 or until all obligations set forth in this Agreement have been satisfactorily fulfilled unless earlier terminated as provided in section 20 herein. 4 . GRANT REOUEST The CITY shall, establish recycling programs as set forth in Exhibit A, which is attached hereto and made a part of this Agreement as though fully set forth herein. 5. GRANT PAYMENT The COUNTY shall pay to the CITY a maximum of $4,698 to be used for the development and/or enhancement of CITY recycling programs. The CITY shall use these grant funds solely for the materials and/or programs as set forth in Exhibit A. 6. AVAILABILITY OF FUNDS Notwithstanding any prov~s~on of this Agreement to the contrary, the maximum amount of grant payment available to the CITY in 1995 for the projects specified in Exhibit A shall be as specified in Section 5 above. Any funding availability for future years or for other recycling projects shall be at the complete discretion of the COUNTY. 7. UNEXPENDED FUNDS Any grant payments provided to the CITY under this Agreement shall be returned to the County in the event the grant payment is not used accordIng to the requirements of this Agreement or has not been used within twelve (12) months of receipt by the CITY, whichever occurs first. 8. AUTBOR:IZED AGENT OF SCOTT COUNTY Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The CITY is notified of the authorized agent of Scott County as follows: 2 Allen J. Frechette Environmental Health Manager Courthouse A102 428 S. Holmes st. Shakopee, MN 55379-1393 (612) 496-8177 9. RECORDS - AVAXLABXLXTY AND RETENTXON Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the CITY for a minimum of three years following termination of this Agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the CITY in writing that the records need no longer be kept. Pursuant to Minn. stat. section 16B.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the CITY relative to this Agreement shall be subject to examination by the County and the State Auditor. 10. INDEMNIFICATION The CITY shall save and protect, hold harmless, indemnify, and defend the County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any errors and omissions and/or negligent acts and omissions of the CITY in the performance of this Agreement. 11. SUBCONTRACTS The CITY shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the County. The CITY shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of the CITY used to perform any portion of this Agreement shall report to and bill the CITY directly. The CITY shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 3 12. COHPLXARCE WITH REOUIREMENTS OP THE LAW In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In entering into this Agreement, the CITY, its agents, employees and any subcontractors of the CITY in carrying out the terms and conditions of this Agreement, agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minn. stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant thereto. 13. SUCCESSORS AND ASSIGNS The County and the CITY, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor the CITY shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. 14. ACCESS TO PREMISES The CITY shall arrange access as necessary to work sites for the County for the purpose of verification of any requirements as described in this Agreement. 15. XNDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or sho~ld be construed as creating the relationship of copartner, joint venturers, or an association with the County and the CITY. The CITY is an independent contractor and neither it, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the CITY shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts granted to the CITY, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the CITY. 4 16. BOTXCES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the united states Postal Service, addressed to the CITY at its address stated herein, and to the authorized agent of the County at the address stated herein. 17. CONTROLLING LAW This Agreement is to be governed by the laws of the state of Minnesota. 18. AMENDMENTS The Parties agree that no amendments, alterations, variations, or modifications to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing and duly signed by the parties. The execution of the change shall be authorized and signed in the same manner as for this Agreement. 19. ENTXRE AGREEMENT It is understood and agreed that this Agreement and the attached Exhibit A constitute the entire Agreement of the parties and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the CITY relating to the subject matter hereof. Any conflict or inconsistency between Exhibit A and this Agreement shall be resolved in favor of, and be governed by this Agreement. 20. TERMINATION This Agreement shall terminate under the following circumstances: a. By mutual written Agreement of the parties; b. By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination; c. This Agreement shall automatically terminate without notice on December 31, 1995. 5 21. PROPERTY DISTRIBUTION Assets acquired in whole or in part with grant payments provided under this Agreement shall be the property of the CITY so long as said assets are used by the CITY for the purpose stated in Exhibit A. In the event the CITY discontinues use of the assets for said purpose, any remaining assets shall, at the County's discretion, either be returned to the County or sold, and the net proceeds of such sale returned to the County. 22. SEPARABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 23. EQUAL EMPLOYMENT. NONDISCRIMINATION AND AFFIRMATIVE ACTION In connection with the work under this Agreement, the CITY agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the CITY certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Affirmative Action POlicy, attached hereto and incorporated herein as Exhibit B through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the CITY to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until the CITY complies with the County Policy, and/or suspension or termination of this Agreement. 6 IB WZTNESS WBEREO., the parties have caused this Agreement to be duly executed intending to be bound thereby. THB CXTY OP PRXOR LAKB COUlfTY OP SCOTT By: Lydia Andren By: Dick Underferth, Chairman SCOTT COUNTY Board of Commissioners ATTEST: By: Frank Boyles City Administrator By: Gary cunningham, Acting County Administrator Dated: Dated: APPROVED AS TO FORM By: Tom Harbinson Co. Atty. 7