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HomeMy WebLinkAbout5M - 1998 Fall Clean Up Day STAFF AGENDA REPORT DATE: 5M CHRIS ESSER, RECREATION SUPERVISOR CONSIDER APPROV AL OF RECYCLING GRANT AGREEMENT WITH SCOTT COUNTY & SCHEDULE 1998 FALL CLEAN-UP DAY APRIL 20,1998 AGENDA NUMBER: PREPARED BY: SUBJECT: INTRODUCTION: For the past nine years, the City of Prior Lake has organized ' and sponsored a 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 metal, brush, and yard waste. The City has been able to offer this program as self-supporting. The program is funded through user fees and a grant from Scott County. This year the county has set aside a grant of up to $5,825.00 for the City of Prior Lake for a recycling/clean-up day. BACKGROUND: In order to secure these funds, the City must enter into an agreement with Scott County expressing an interest in the funding. This past March, a grant application was submitted to the Scott County Environmental Health Department requesting grant funding assistance for this year's 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 1998 as it has done for the past eight years. DISCUSSION: This is a very popular program that residents look forward to each year. This year's recycling/clean-up day will be held on Saturday, October 3 from 8:00 a.m. - 12:00 p.m. The event will once again take place in the parking lot of the Prior Lake Senior High School. This year, as in the past four years, usable household goods 1626~~W& Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNA TIVES: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: CLEANAGD.DOC needy families with furniture and various other household goods. The revenues from the program offset the expenses so there is no budgetary impact. 1. Authorize Mayor and City Manager to execute grant agreement with Scott County. 2. Schedule Fall Clean-up Day for Saturday, October 3, 1998 3. Approve 1 and 2 above as part of the consent agenda. 4. Defer action on one or both items for a specific reason. Staff recommends Alternative #3. ~-- RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this 10th day of Aoril ,1998, 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 Office of Environmental Assistance; and WHEREAS, Minn. Stat. Sect. 115A.557, establishes the County Waste Reduction" and Recycling Funding program to be distributed by the Office of Environmental Assistance; and . WHEREAS, Scott County has received funding from the Office of Environmental Assistance identified as Local Recycling Grant; and WHEREAS, These funds are to be used for the activities specified in the Office of Environmental Assistance Grant Agreement and approved by the Scott 'County Board on November 25, 1997; 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 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. 1 2. SCOPE OF SERVICES The CITY is obligated and agrees to the fOllowing: a. recyclable materials will be collected by a hauler licensed by Scott County; b. recyclables will be delivered to a licensed recycling facility; c. organic materials (yard and tree waste) will be processed into compost at a licensed/permitted yard waste compost facility or a permitted land application site; d. upon completion of the event, a report will be submitted to the County identifying the quantities of materials recycled, the facility to which they were delivered and processed at; including actual expenditures and revenues. In the event that another jurisdiction (city or township) participates with the. CITY's event, the County will transfer the participating jurisdiction's allocated share in the program funding to the CITY upon receipt of a resolution from the participating jurisdiction indicating involvement. The CITY shall advertise the neighboring jurisdiction's participation and allow their residents. to participate in the collection. 3. EFFECTIVE DATE OF AGREEMENr This Agreement shall be effective upon execution by all parties to the Agreement. 4. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1998, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, unless earlier terminated as provided in Section 20 herein. 5. GRANT REQUEST The CITY shall establish recycling programs as set forth in ~xhibit A, which is attached hereto and made a part of this Agreement, as though fully set forth herein. 6. GRANT PAYMENT The COUNTY shall pay to the CITY a percentage of the grant money available through the COUNTY for this program, determined by each Scott County municipality and township population; to be used for the development and/or enhancement of recycling programs. The CITY shall use these grant funds solely for the materials and/or programs as set forth in Exhibit A. 2 -!~ 7. AVAILABILITY OF FUND~ Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY in 1998 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. 8. 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. 9. AUTHORIZED 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: Allen J. Frechette Environmental Health Manager Courthouse A 102 428 S. Holmes St. Shakopee, MN 55379-1393 (612) 496-8177 10. RECORDS - AVAILABILITY AND RETENTION Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the CITY for a minimum of three (3) 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 168.06, 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. 3 11. 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. 12. 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. 13. COMPLIANCE WITH REQUIREMENTS OF 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, i~s 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. 14. 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. . 4 15. 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. 16. INDEPENDENT CONTRACTOR, It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partner, 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. 17. NOTICES 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. 18. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 19. 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. 5 20. ENTIRE 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. 21. 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, 1998. 22. 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. 23. 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. 6 . , - . 24. EQUAL EMPLOYMENT AND NONDISCRIMINATION. 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 American's with Disabilities Act, 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. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF Prior Lake COUNTY OF SCOTT By: By: Bradley J. Larson, Associate Administrator SCOTT COUNTY Public Works & Lands Div. ATTEST: .' By: By: Allen J. Frechette, Environmental Health Manager SCOTT COUNTY Public Works & Lands Div. Dated: Dated: APPROVED AS TO FORM By: Thomas J. Harbinson, County Attorney C:\MICHAEL\5W\1 DA YCLUP\1998\98AGREE.DOC 8 EXHIBIT A CITY OF PRIOR LAKE 1998 FALL RECYCLING & CLEAN-UP DAY PRO.lECT DESCRIPTION NATURE OF THE PROGRAM For the past nine years, the City of Prior Lake has organized and sponsored a spring or fall clean- up day. This program has allowed residents of Prior Lake the Opportunity to recycle or dispose of many items, such as: old batteries, appliances, tires, scrap metal, brush, and yard waste. Because this was a city sponsored event, the cost of the residents was considerably low. The city has been able to offer this program at the reasonable rate only because of the grant funding it has received in the past through Scott County. PRIOR LAKE'S COMMITIVIENTTO'RECYCLING The City of Prior Lake believes that recycling is a very important component to a long lasting, clean, & healthy environment. Because of this, the City has implemented a clean-up day to try and encourage residents of the community to be more responsible for the garbage that they create. The clean-up day provides residents of Prior Lake the opportunity to dispose of many recyclable items. The city does charge a nominal gate gee, or tipping fee, of five dollars to help offset the cost of disposing the refuse collected at the clean-up day. However, this nominal fee does not cover all of the expenses associated with the clean up day. During the past nine years, the City of Prior Lake has worked with the Scott County Environmental Health Department to obtain funding to help offset various costs involved with the clean-up day. This year, the City of Prior Lake is requesting $5,825.00 in funding assistance from Scott County for the City of Prior Lake's Fall Recycling and Clean-up day. . Included with this project description is a copy of the advertisements used to promote the program (please see attachment A.) This informational advertisement is designed to inform the residents of Prior Lake the importance of recycling and the City's commitment to carrying out a means for the residents to recycle. The information on the Fall Recycling and Clean-up Day will be made available to the residents through advertisements in the City's official newspaper, the Prior Lake American. Along with that, extensive exposure and promotion will take place in the City's official newsletter, the Wavelength. A final date has not been set as of yet. However, it will be similar to last years date of Saturday, October 4th. The Fall Recycling and Clean-up Day will be open from 8:00 a.m. to 12:00 noon. The city council for the City of Prior Lake annually approves and stresses the importance of having a recycling/clean-up day. A tentative date has been set for Saturday, October 3rd. The City's fall newsletter is due to come out in early to mid September, therefore, there would be ample time to promote the event. GRANT REQUEST The City of Prior Lake is requesting the full amount available form the Scott County Environmental Health Department to fund the program expenditures that relate to the collection and processing of recyclable items, including tires, yard waste, appliances, scrap metal, brush, CLEANI.OOC and batteries. The grant money, along with the money collected from the gate fees will enable the City of Prior Lake to offer the Fall Recycling and Clean-up Day to the residents of the conununity. A detailed budget is attached which outlines the expenditures associated with the program (please see attachment B). lItE TOTAL GRANT REQUEST FOR THE CITY OF PRIOR LAKE'S FALL RECYCLING AND CLEAN-UP DAY IS $5,825.00. CLEANI.DOC EXHIBIT B II. POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity' to all employees and applicants for c'lLl;Jloyment in accordance with all applicable Equal Employment Opportunity laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363. Scott County will not engage in any clLll;Jloyment practices which discriminate against or harass any employee or applicant for cLL1l;Jloyment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of payor other forms of cI..JLlLl;Jensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations' into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opport~~ity laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363, will be subject to appropriate contractual sanctions. '. '.: 'S~ott co~~t'Y' ha.s designated tb.,~" P:er~.onnel Director as the manager of . ".:. ~h~:-"E~a.:i::":~Lf)16yment Opportun~ty.~~:r;:oSF~m. These responsibilities will ...include, mOD;.J..toring all Equal SmP1;'om~.I1!: Opportunity activities and ...~reporting ..t,ne effectiveness .'9f_this:pr~.gram, as required by Federal, . "'State and.':r.:ocal agencies. .1'h~ $cot;:t._CQu.rg;y.)~~.dministrator will receive .-.:-:.....@d., revieij"~~Ec.:l:t:~: on tl:L.e ~~z.:~gf~'s~,. of;:;:ne_.i?~pgFarp..,,.:,. If c:mt ;employee or -:,,::~-,"_ap~lic_ant ,f..or.,.antploynt~nt .p:e,lJ.e~~s .~e./ sh: has~~be~f1; di~crJ.mi.nated .": ag?ii!l@~.) :--~.~~~~se conta.c:::t the. S:cc:;!; S9unty :e~F~~~nnel DJ.rector, Scott . ",_€.O'w:L~Y 'Personnel Department, Room 104" SCS5t.t County Courthouse, Shakonee, Minnesota 55379, or call (612) 496-8103. ,,"{i(!)-t;,'~(.~i . : fl1 {Xi. i:..:.iJii DaYJ.d J. Unmacht. , Scrtt County Anm~nistrator - :.' . :; 7 - q 7 ><'..i7r I -:-/j . .' ~'" '. Of"\. A ^Jt~ \,,~.tCL.1"'"'oi -'-el~-'06-!:H~..:.~~'=:;{'~DV---V Y' e1-06-98 Dat~;.J~ Ar.t~ur~.:.'.~:~. Ba.mIe~ . .'. .. Date chairman, Board dfC6mmissioners