HomeMy WebLinkAbout5B - Spring Clean-Up Day
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
APRIL 2, 2007
58
JENNIFER WITTKOPF, PUBLIC WORKS COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A RECYCLING
GRANT AGREEMENT WITH SCOTT COUNTY FOR THE ANNUAL SPRING
CLEAN-UP DAY, APRIL 21,2007.
Introduction
The purpose of this agenda item is to authorize the Mayor and City Manager to
enter into a Recycling Program Agreement with Scott County in order to receive
grant funds for the Annual Clean-Up Day.
Historv
For the past 18 years, the City of Prior Lake has organized and sponsored a
clean-up / recycling event. This year's Clean-Up Day is planned for Saturday,
April 21,2007, at Twin Oaks Middle School from 8 a.m. to noon. This program
allows residents of Prior Lake, Spring Lake Township and Credit River
Township to recycle or dispose of many recyclable materials including:
batteries, electronics, appliances, tires, scrap metal, brush and yard waste. The
Rotary and Lions Clubs sponsor Bridging at the same time and location.
Through this program usable household items may be donated at no cost.
Bridging then gives the items away to those in need. This agenda item pertains
only to the Clean-Up Day.
In February, a grant request was submitted to the Scott County Environmental
Health Department requesting funding assistance for this year's clean-up /
recycling event. This grant was pursued for the purpose of having a mechanism
for funding for the event.
On March 5, 2007, the City Council approved a resolution accepting quotes and
authorizing staff to contract with haulers / vendors to provide services for the
clean-up event. At that time the Council also set user gate fees for the clean-up
event.
Current Circumstances
The program is primarily supported by funding through user fees and a grant
from Scott County. The Parks budget also includes $18,000 to contract with the
haulers needed. This year, the County has set aside a grant of up to
$11,826.82 for the City of Prior Lake to host a recycling/clean-up day. Credit
River Township and Spring Lake Township have requested to be part of Clean-
Up Day again this year. By allowing township residents to participate, the City
of Prior Lake will receive an additional $4,323.55 from Scott County to offset the
cost of adding the township residents. With Credit River and Spring Lake
Township's contribution, Prior Lake's total grant funding will be $16,150.37. The
total grant includes a sub-grant for electronics collection in addition to the typical
recycling grant.
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Conclusion
The Annual Clean-Up Day provides the residents with a valuable service from
the City. The goal of the event is to have residents bring their unwanted
household materials to be disposed of properly. This is beneficial to the
environment and helps maintain the clean, litter-free landscape of Prior Lake
and surrounding area. Approximately 460 vehicles attended last year's event,
demonstrating that a great number of residents participate. For that reason,
staff requests that the City Council approve the resolution authorizing the Mayor
and City Manager to execute a grant agreement with Scott County for this year's
Clean-Up Day.
ISSUES:
To secure these grant funds, the City must enter into a contract with Scott
County, agreeing to the terms and conditions of the event.
FINANCIAL
IMPACT:
The County has set aside a grant of up to $16,150.37 for the City of Prior Lake
to host a Clean-Up Day for its residents and the residents of Spring Lake and
Credit River Townships. The Parks budget allocates $18,000 to contract with
the necessary material haulers. These funds will be repaid via user fees and
grant money from Scott County, thus the overall financial impact is expected to
be minimal. It is difficult to estimate the amount that will be received from user
fees, and staff will report to Council if further gate fee adjustments are
warranted in future years.
To help make the event successful and have the day run smoothly for the
residents, several City staff members are needed to work at the event.
Approximately twenty maintenance workers are needed to help load the material
into the trailers, collect gate fees, woodchip the brush/trees that are collected,
and sweep/clean-up the school parking lot when the event is completed. This
equates to approximately 100 hours of overtime, which comes out of the Parks
and Streets division budgets.
Overall in 2006, the City spent $13,956.05 in dumping/hauling fees, $4,200.00
in Public Works Maintenance overtime costs, plus advertisement costs, for a
total expenditure of $19,150.42. The revenue generated from the 2006 Clean-
Up Day included the County grant of $14,903.98, plus the gate fees of
$3,782.00, for a total income of $18,685.98. The City needed to subsidize a
total amount of $464.44 for this event.
Past event subsidies are as follows (records are not readily available for events
prior to 2003):
Year of
Event
2005
2004
2003
Amount
Subsidized
$ 3,997.54
$ 6,205.76
$ 4,112.10
While the City spent $4,000 - $6,000 on the event in recent history, the amount
subsidized in 2006 was minimal. This is the desired outcome: to "break even"
on the event. If costs and funding continue to stay in balance, the City can
continue to provide this service at a very minimal user fee. It is also important
R:\Council\Agenda Reports\2007\04 02 07\clean up grant 2007 agendaDOC
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
A RESOLUTION TO APPROVE A SCOTT COUNTY RECYCLING GRANT FUNDING AGREEMENT
FOR THE 2007 ANNUAL CLEAN-UP DAY
Motion By:
Second By:
WHEREAS, The City has sponsored a Spring Clean-Up Day for the past 18 years; and
WHEREAS, Scott County has provided grant funding to assist with City-sponsored recycling events;
and
WHEREAS, Scott County has set aside a grant of up to $11,826.82 for the City of Prior Lake to
operate a recycling day for 2007; and
WHEREAS, Credit River Township and Spring Lake Township have requested to be a part of the
City's clean-up event; and
WHEREAS, The City will receive an additional $4,323.55 to offset the cost of adding Credit River and
Spring Lake township residents, making the total grant funding $16,150.37; and
WHEREAS, The 2007 Annual Spring Clean-Up Day will be held Saturday, April 21, 2007;
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute the attached Recycling Program
Agreement with Scott County.
3. Funding for the program will come from grants from Scott County as set forth in the recitals.
PASSED AND ADOPTED THIS 2ND DAY OF APRIL 2007.
YES
NO
Haugen Haugen
Erickson Erickson
Hedberg Hedbera
leMair leMair
Millar Millar
Frank Boyles, City Manager
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COUNTY OF SCOTT
RECYCLING PROGRAM AGREEMENT
THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to
as "County,U and the City of Prior Lake, Minnesota, hereinafter referred to as II City" , by and
through the City Council.
WHEREAS, the purpose of this agreement is to establish a mechanism for distribution of
funds obtained from the Minnesota Office of Environmental Health for a clean up day to
be held by City in accordance with funding requirements for implementation and/or
enhancement of recycling programs in Cities and Townships within Scott County
consistent with the County Solid Waste Master Plan.
WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local Recycling Development
Program providing grants to counties to be distributed by the Minnesota Pollution Control
Agency; and
WHEREAS, Minn. Stat. Sect. 115A.557, establishes the County Waste Reduction and
Recycling Funding program and the framework for funds to be distributed by the
Minnesota Pollution Control Agency; and
WHEREAS, Scott County has received funding from the Minnesota Pollution Control
Agency identified as Local Recycling Development Grant; and
WHEREAS, These funds are to be used for the activities specified in the Minnesota
Pollution Control Agency Grant Agreement and approved by the Scott County Board on
March 13, 2007; and
WHEREAS, The City intends to administer a city-wide recycling day which would qualify
for receiving funds,
NOW THEREFORE, in consideration of the mutual undertakings and agreement
contained within this agreement, the County and the City hereby agrees as follows:
1 . Compensation and Terms of Payment
A. The County shall pay to the City a percentage of the grant money available through
the County for their one-day city wide clean up on April 21, 2007. The amount of
funds available for each Scott County municipality and township is based upon their
population and a formulation used by the County to determine shares due to
municipalities under the program. This funding is to be used for the development
and/or enhancement of recycling programs.
B. Terms of Payment
1. Notwithstanding any provision of this Agreement to the contrary, the maximum
amount of grant payment available to the City under this agreement is
$16,150.38.
2. The County will pay the City in one lump sum when the City has met the
requirements as specified in section 3 of this Agreement.
3. In the event that another jurisdiction (City or Township) participates with the City
event, the County will transfer that participating jurisdiction's allocated share in
the program funding to the City upon receipt of a resolution from the participating
jurisdiction indicating involvement.
2. Condition of Payment
All services provided by City pursuant to this agreement shall be performed to the
satisfaction of the County, and in accordance with all applicable federal, state and local
laws, ordinances, rules and regulations. Payment shall be withheld for work that is
found by the County to be unsatisfactory, or performed in violation of federal, state and
local laws, ordinances, rules or regulations.
3. Scope of Services
A. The City is obligated and agrees to the following:
1. Provide an opportunity for residents to drop off electronics at your event.
2. All recyclables will be delivered to a licensed recycling facility.
3. Organic materials (yard and tree waste) will be delivered to a licensed/permitted yard
waste compost facility or a permitted land application site.
4. A written report will be submitted to the County within 60 days of the event,
identifying the quantities of materials recycled, the facility to which they were
delivered and processed at; including actual expenditures and revenues.
5. Only expenditures used for the collection of recyclable material, which results in
waste reduction, are eligible for reimbursement from the County's Local
Recycling Development Grant. Any solid waste that was landfilled is not included
in these expenditures.
6. The City shall advertise any neighboring jurisdiction's participation and allow their
residents to participate in the collection. In the event that a neighboring
jurisdiction participates with the City's event, the City shall provide the Authorized
Agent of Scott County a copy of any and all such advertisements.
4. Effective Date of Contract
This agreement shall be effective upon execution by all parties to the Agreement.
5. Term of Contract
This agreement shall remain in effect until December 31,2007 or until all obligations set forth
in this agreement have been satisfactorily fulfilled or unless earlier terminated as provided in
section 13 of this Agreement.
6. Authorized Aaents
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:
Steve L. Steuber
Scott County Environmental Health Department
200 Fourth Avenue West
Shakopee, MN 55379-1393
(952) 925-8473
The County is notified the authorized agent for the City is as follows:
Frank Boyles
City Manager
4646 Dakota Street SE
Prior Lake, MN 55372
(952) 447-9800
7. County and State Audit
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), 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.
Complete and accurate records of the work performed pursuant to this agreement shall
be kept by the City for a minimum of six (6) years following termination of this
agreement for such auditing purposes. 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.
8. Indemnitv
All parties to this Agreement recognize each other as a political subdivision of the State
of Minnesota. Each party mutually agrees to indemnify, defend and hold harmless the
other from any claims, losses, costs, expenses or damages resulting from the acts or
omissions of the respective officers, agents, or employees relating to activities
conducted by either party under this agreement. Each party's obligation to indemnify
the other for all claims arising from a single occurrence under this clause shall be limited
in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes
Chapter 466.04.
9. Insurance
Each Party shall maintain public liability coverage protecting itself, its Board, officers,
agents, employees and duly authorized volunteers against any usual and customary
public liability claims in amounts which shall, at a minimum, comply with Minn. Stat.
466.04 and Workers' Compensation and shall be in accordance with the Minnesota
statutory requirements. Said policies shall be kept in effect during the entire term of this
Agreement.
10. 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.
11 . Force Maieure
The County and the City agree that the City shall not be liable for any delay or inability
to perform this agreement, directly or indirectly caused by or resulting from strikes, labor
troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material,
delays of transportation, acts of God or other cause beyond reasonable control of the
City and the County.
12. Data Practices
The City, its agents, employees and any subcontractors of the City in providing all
services hereunder, agree to abide by the provisions of the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated
pursuant to Ch. 13. The City agrees to indemnify and hold the County, its officers,
department heads and employees harmless from any claims resulting from the City's
unlawful disclosure or use of data protected under state and federal laws.
13. 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.
This Agreement shall automatically terminate without notice on December 31,2007.
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. Independent Contractor
It is agreed that nothing contained in this agreement is intended or should be construed
as creating the relationship of a partnership, a joint venture, or an association with the
County and the City. The City is an independent contractor and neither the City, the
City's 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 due 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 unless otherwise required by law. 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.
16. 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.
17. Controlli na Law
The laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this agreement 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 with the County of
Scott, 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 contract is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
18. Successors and Assians
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.
19. Eaual Emplovment and Americans with Disabilities
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 Americans with Disabilities Act Policy, attached hereto
and incorporated herein as Exhibit A 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.
20. Chanaes
The parties agree that no change or modification to this agreement, or any attachments
hereto, shall have any force or effect unless the change is reduced to writing, dated,
and made part of this agreement. The execution of the change shall be authorized and
signed in the same manner as for this agreement.
21. Severabilitv
In the event any provision of this agreement 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 agreement 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.
22. Entire AQreement
It is understood and agreed that the entire agreement of the parties is contained herein
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.
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:
Title:
Michael Sobota
Community Development Director
Scott County
Community Development Division
Date:
Date:
ATTEST:
ATTEST:
By:
By:
Title:
Allen J. Frechette,
Environmental Health Manager
Scott County
Community Development Division
Date:
Date:
APPROVED AS TO FORM
By:
For Pat Ciliberto,
Scott County Attorney
Date:
also important to consider the environmental impact of the event. Preventing
litter and environmental hazards from being improperly disposed of is worth an
investment on the City's part.
ALTERNATIVES:
1. Authorize Mayor and City Manager to execute a grant agreement with Scott
County.
2. Table this item for a specific reason.
3. Deny this agenda item for a specific reason and provide staff with direction.
RECOMMENDED
MOTION:
Alternative #1
Reviewed b~
Frank Boyles, City Ma ag r
Steve Albrecht, Public Works Director/City Engineer
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