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HomeMy WebLinkAbout3E - City Recycling Grant / .( J AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" 3 (e) JAY M. SCHERER, BUILDING INSPECTOR/ CODE ENFORCEMENT OFFICER CONSIDER APPROVAL OF CITY RECYCLING GRANT MAY 6, 1991 City Council approved a spring Clean-Up Day contingent upon recelvlng grant funding to defray costs for the clean-up. This agenda item has been prepared to summarize the grant application and to seek Council's approval of the application. In 1989 and 1990, Staff organized a clean-up effort endorsed and funded through the City Council. with increasing refuse disposal costs and the emphasis on recycling our refuse, Staff applied for grant funding to offset an expanded program to be implemented in 1991. The first part of the grant application is to assist the city in purchasing equipment relating to recycling yard waste. The Parks Department acquired a brush chipper through an Equipment Certificate. The total cost for a brush chipper is $8850.00. Grant funding applied for under the yard waste project is $5954.78. A brush chipper would be instrumental to the City clean-up and a great asset in maintaining the City Parks. Final cost by the City for the brush chipper is $2895.22. The second part of the grant application is to assist the City in sponsoring recyclable spring clean-up days. In 1989 and 1990, the City's average cost for the clean-up was $4144.68. This figure did not include employee overtime and Performance Enhancement Recycling Cost Share received from the appliance program. Due to increased tipping fees at landfills the City is promoting a recyclable clean-up day. Grant funding applied for under the recyclable clean-up project is $11,909.50. Staff applied for full 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax 612) 447-4245 An Equal OpportunitY' Affirmatil)e Actic"l Emplover RECOMMENDATION: ALTERNATIVES: ACTION REQUIRED: funding under this project to enable the City to conduct a fall yard waste clean-up day too. In the event total grant funding is not used for the clean-up, the city would be required to apply the money towards an additional recycling project or return the surplus back to Scott County. The total grant funding applied for under Recycling Projects is $17,864.28. City staff believes the grant application is essential to the clean-up program in 1991. The Grant Funding has enabled staff to expand the items to be collected and greatly reduce the costs occurred by the City for these projects. The City Council can approve the grant application as proposed for 1991. 2. The City Council can modify the grant application as proposed for 1991. 1. 3. The City Council can table the grant application as proposed for 1991. Staff recommends that the city Council select Alternative 1 regarding the grant application for 1991. Motion as part of the consent agenda is in order to approve the grant application and direct the Mayor and City Manager to execute the Agreement. APR 0 ~ 1991 "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"KJ ~ April 3, 1991 Mr. Al Frechette Environmental Health Manager Scott County Courthouse 428 South Holmes Shakopee, MN 55379 RE: Recyclable Solid Waste Abatement Request for Funding Dear Mr. Frechette, On behalf of the following grant Scott County to Plans. City of Prior Lake, I would like to submit the ap~lication requesting funding assistance from ass 1st our Recyclable Solid Waste Abatement Due to the scheduling and timing of material for the grant application, the City of Prior Lake will submit additional applications in the near future to carry out the City's entire recycling plans for our community. I would appreciate your assistance in processing the application request in a timely fashion. If you have any questions regarding our programs as outlined, please call me at 447-4230. In the event this grant application is brought before the Scott County Board for approval, please contact me with the meeting date and time. I would be happy to attend and answer any questions relative to our application. Sincerely, Dca lV\. g~ Ja~ M. Scherer BUllding Inspector/ Code Enforcement Officer JMS:rms 4629 Dakota S1. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 An Equal Opportunitl' Afhrmatil'e Action E'Y1plo~'er EXHIBIT A CITY OF PRIOR LAKE 1991 Recyclable Material Spring Clean-Up PROGRAM DESCRIPTION: The City of Prior Lake will conduct a Spring Clean-Up Day on May 4, 1991. The emphasis for the clean-up this year is towards recycling to enhance a growing concern for our environment. On this day residents are encouraged to bring tires, major appliances, motor vehicle batteries, scrap iron, and yard waste for recycling. This clean up is offered to the residents at no cost following the prescribed list of materials. Any material brought to the clean-up day that cannot be recycled will be charged a nominal fee to offset the tipping fees at the local landfill. The location will be at the Hidden Oaks Middle School parking lot and the hours will be 6:00 a.m. to 1:00 p.m. In attachment #1 is a draft prepared for the newspaper outlining the parameters of the 1991 Spring Lake Clean-Up. Please note the City of Prior Lake has taken a large step to encourage recycling by assisting the removal of junk vehicles for our residents. In attachment #2 is a detailed budget outlining our estimated program costs. The total grant request for the Recyclable Spring Clean-Up under project #10 is $11,909.50'A~Please keep in mind that this will be only the third year Prior Lake has taken on a Spring Clean-Up effort. EXHIBIT A Proposed Use of Fund for Project #8 The City of Prior Lake would like to purchase a brush chipper to handle brush in our community. The chipper would be instrumental to our Spring Clean-Up Day allowing residents to dispose of brush at no costs to them. In addition, our Parks Department would have an ongoing need for the chipper in handling tree trimmings in our community. The end product use would be mulch for tree planting programs and an opportunity for residents to use the material at their own discretion. Please note in attachment #3 a purchasing agreement with MTI Distributing Company for a brush chipper. Total cost for the chipper and an extra set of blades is $8,850.00. Our grant application for the proposed use of project #8 is $5954.78. ATTACHMENT # 1 3rd Annual Spring Clean-Up Day Saturday, May 4th 6 8..m. to 1 p.m. Residents of Prior Lake: Dispose of Unwanted Recylable Material at Considerable Cost Savings The City is accepting these five different recyclable items: 1. Tires (10 tire limit) 2. Major Appliances (i.e. refrigerators, dryers). 3. Motor Vehicle Baneries 4. Heavy Me1als (scrap iron) 5. Yard Wa.~t8 (I.e. leaves. grass, small brush). Residents living within the COrpof8te city limits of Prior Lake will be allowed to participate. (Reminder: Not all citizens wl1h Prior Uike addresses reside In the cl1y limits). Rasidents wishing to dispose of tires, batteries. appliances, heavy metals, and yard waste will be required to provide proof of resldflncy. An on.duty police officer will be on site 10 aS~lIst In Checking drivers licenses for proof of residency and 10 ensure only tne five prescibed items are brought to the drop off site. Here are a lew Simple rules that will be enforced at the recycling site: 1. No logs or 81umps Brush Is O.K. (cvt Into 6'lengths and less than 3- In diameter,) 2. Yard waste constitutes grass and leaves. 3. TelevisiOn sets. stereos, water softeners and plumbing fixtures are not considered Major Appliances. 4. Lumber will not be acceptAd as yard waste. 5. Only preSCribed items will be accepted The drop Off site will be located at the Hidden Oaks Middle School part:lng lot, located at 15855 Fish Point Rd. S E. The site will open at 6:00 a.m. and close promptly at 1:00 p.m. The City's Spring Clean- Up thIs year', .mphl8lzlng recycling and because 01 thll, we will be unlble to accept any Item th.t does not moot the edvertlaed lI't of flve dlNerent recyelable materiels mentioned abOVe. In the event you would like to dispose of refuse that does not meet the prescibed list of the Clean.Up please consult your refuse hauler. In addition to the recyCle clean-up, city residents have the opportunity to dispose of junk vehIcles Vehicle owners may contact city hall from May 6 thru May 17 to verify residency. Eligible owners shnuld Conlact Hwy. 101 AulO Salvage to schAdule Ihe rp.moval of the junk vflhicle. All transactions includll"g payment for your junk vehicle. are the responsibility of Hwy. 101 Aula Salvaoe and the owner. The City of Prior Lake would like to enlist your cooperation and community spirit in making our city a more allract,ve place to live. If you have any questions or comments please contaC1 Jay M. Scherer at Prior Lake City Hall, 447-4230. ATTACHMENT # 2 CITY OF PRIOR LAKE CLEAN - UP 1991 PROPOSED BUDGET EXPENDITURES Maust Fiber Fuel {Tires} A.R.C.A. {Appliances} City staff Time {Workers} Batteries {Gould Battery} Kraemers {Yard Waste} Scrap Iron Junk Vehicles {Hwy. 101 Auto} Misc. / Advertising / Promotions Refuse Haulers Recycling Site Fees {School District} PROJECTED COSTS $2000.00 $1850.00 $2500.00 $300.00 $1600.00 $ -0- $1500.00 $1000.00 $ -0- $250.00 SUB TOTAL $11,000.00 City Expenditures Beverage & Food Tipping Fees {Non Prescribed Items} SUB TOTAL TOTAL $350.00 $1200.00 $1550.00 $12,550.00 ATTACHMENT # 3 ---- ---- IYI I I DISTRIBUTING CO. III March 6, 1991 Al Fridges City of Prior Lake P.O. Box 359 Prior Lake, MN 55372 Dear AI: Following IS the information that you have requested: QTY. DESCRIPTION RETAIL YOUR COST 1 182 Olathe Chipper $11,400,00 W/21.5HP Water Cooled Kubota Diesel $8,800.00 1 Set of Blades - Extra Set $ 72.00 $ 50,00 Equipment would be set up, serviced and delivered to Prior Lake with Olathe One Year Warranty. Thank you for your continued interest In Toro and Olathe Commercial Turf Products. If you have any questions, please do not hesitate to call. Regards, V j~04.( /~~7Z I C/,.a Butch Greeninger Sales Representation BG:da Ene. 14900 Twenty-first Avenue North, Plymouth, Minnesota 55447-4655 . Phone (612) 475-2200 . Fax (612) 475-0351 .IJ..:t,~< ~, ,~~ ~':./ ~'!i:;,. .... , .. f/:'" , , ',,,",," _.. SCOTT COUNTY ENVIRONMENTAL HEALTH COURTHOUSE A 102 428 S. Holmes SI. SHAKOPEE, MN 55379-1393 (612) 496-8177 ,h.pril 29, 1991 The City of Prior Lake Attn: Jay M. Scherer 4629 Dakota St. SE Prior Lake, MN 55372 Dear Mr. Scherer: Enclosed are two copies of the Agreement for your CITY's recycling grant. Please have the authorized individual(s) listed on the Agreement sign both copies. Return both signed Agreements to me. I hope to schedule your agreement for approval by the County Board on May 2l, 1991. As soon as they are approved, I will authorize disbursement of a check for the approved amount. I will mail back one signed copy of the agreement for your records along with the check. The cnclosed grant Agreement is the same as the draft I had sent you as an example with the blanks filled in. If you have any questions, please give me a call at 496-8177. I anticipate applying for grants to benefit Scott County again In the next State and Metropolitan Council grant cycle. If you have additional needs for funds relativc to recycling, waste reduction or related education, please let me know. If you have any comments regarding this grant program that you would like to share with your County Commissioner, he is Richard Underferth and his phone number is 447-6086, or you can write him at: Scott County Courthouse Room 110 428 South Holmes Shakopee, Minnesota 55379 Sincerely, ~- ~/~~tt Allen Frechette Environmental Health Manager Encl. DOCUMENT\9lLET\CITY&TWP$ An Equal Opportunity / A[firmative Action EmplO)'er RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this 21st day of May, 1991, 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, Minnesota Stat. Section 473.8441, establishes the Local Recycling Development Program providing grants to counties to be distributed by the Metropolitan Council; and WHEREAS, Minnesota Stat. Section 115A.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-90-114 and from the Office Of Waste Management; and WHEREAS, These funds are to be used for the activities specified in the Metropolitan Council Grant Agreement SG-90-114 and Scott County Resolution No. 90090; and WHEREAS, Minnesota Statutes Section 471.59 authorizes two or more governmental units, by agreement, to jointly or cooperatively exercise any power common to the contracting parties or similar powers; 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 Waste Management in accordances 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. PAGE 1 2. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 3 . TERM OF AGREEMENT This Agreement shall remain ln effect until December 31, 1991 or until all obligations set forth in this Agreement have been satisfactorily fulfilled unless earlier terminated as provided in Section 20 herein. 4 . GRANT REQUEST 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 $17,864.28 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 provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY in 1991 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 . AUTHORI ZED AGENT OF SCOT!' 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 A102 428 S. Holmes St. Shakopee, MN 55379-1393 (612) 496-8177 PAGE 2 9. 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 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 l6B.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. 12. 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, 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. PAGE 3 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. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or should 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 paid 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 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. 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. PAGE 4 19. 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. 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, 1991. 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 PAGE 5 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. --------------------------------------------------------------------- --------------------------------------------------------------------- IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. THE CITY OF PRIOR LAKE COUNTY OF SCOT!' By: Lydia Andren By: William Koniarski, Chairman SCOTT COUNTY Board of Commissioners ATTEST: By: David Unmacht City Administrator By: Joseph F. Ries, Co. Admin. Dated: Dated: APPROVED AS TO FORM By: James A. Terwedo Co. Atty.