HomeMy WebLinkAbout4F - 1997 Fall Clean-Up Day Grant
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
STAFF AGENDA REPORT
4F
BRET WOODSON, RECREATION SUPERVISOR
CONSIDER APPROVAL OF RECYCLING GRANT
AGREEMENT WITH SCOTT COUNTY & SCHEDULE 1997
FALL CLEAN-UP DAY
JUNE 2, 1997
For the past eight 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 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 a grant of up to $4,736.00 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 this years 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 1997 as it has done for the last eight years.
This is a very popular program that many residents look forward to
each year. This years Recycling / Clean-up day will be held on
Saturday. October 4th from 8:00 a.m. - 12:00 noon. The event will
take place once again in the parking lot of the High School.
This year, like the last three years, usable household goods will
also be accepted through the Prior Lake Rotary's 'Bridging'
program which will operate concurrent with the clean-up day. The
Bridging program is designed to provide needy families with
furniture and various other household goods.
The expenses and revenues for this program were budgeted under
the approved 1997 recreation budget. 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 4, 1997.
3. Approve 1 and :2 above as part of the consent agenda.
16200 Eagle Creek Ave, SE. Prior Lake. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQLAl OPPORTLNITY E'vIPlOYER
RECOMJVIENDATION:
ACTION REQUIRED:
REVIEWED BY:
BWCC7
4. Defer action on one or both items.
Staff recommends Alternative #3, to approve the execution of the
grant agreement with Scott County and schedule the clean-up day
for Saturday, October 4, 1997.
A motion to approve t}lis agenda item as part
agenda, as reco enoed by staff, is in order.
agre1lliyt hcd t::1 information.
of the consent
A copy of the
RECYCLING PROGRAM AGREEMENT
THIS AGREEMENT made and entered into on this / L.j j]t. day of dill j---'
1997, between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as
C~UNTY by and through the Scott County Board of Commissioners, and THE CITY OF
1(/OI!... LJ:fJ<~ , 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 January 18, 1996; 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.
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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 AGREEMENT
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, 1997, 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 Exhibit 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.
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7. AVAilABILITY OF FUNDS
Notwithstanding any provision of this Agreement to the contrary, the maximum
amount of grant payment available to the CITY in 1997 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.
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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, 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.
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.
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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
:onstrued as creating the relationship of co-partner, joint venturers, or an association
Nith 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
3hall 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.
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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
31,1997.
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.
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24. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
duly executed intending to be bound thereby.
CITY OF
COUNTY OF SCOTT
By:
Bradley J. Larson,
Associate Administrator
SCOTT COUNTY
Public Works & Lands Div.
By:
ATTEST:
By:
Allen J. Frechette,
Environmental Health Manager
SCOTT COUNTY
Public Works & Lands Div.
By:
Dated:
Dated:
APPROVED AS TO FORM
By:
Thomas J. Harbinson, County Attorney
O:\WORD\SW\97CLN-UP .LRD
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ATTACHMENT A
9TH
ANNUAL
CLEAN-UPIBRIDGING DAY
Saturday, October 4
8;00 a.m. to 12:00 noon
Prior Lake Senior High School
Residents of Prior Lake: Dispose of Unwanted
Recyclable Material at Considerable Cost Savings.
The City is only accepting these tive recyclable items:
L Tires (10 tire limn)
'0 :Vlajor Appliance (i.<:, refrigerators. dryers) Limit ::
3, :Vlotor Vehlck Batteries
.f, Heavy :V!etals I scrap iron)
), Yard Waste (grass clippings. !eaves. 6' lengths of brush)
Prior Lake Rotary's "BrIdging'. representatives wIll be on hand to collect or arrange a time to pick-up my usable
household goods (i,e, furniture. etc,) that wlil in turn be distrIbuted to needy families. For more information or to set
up a pick-up, please call Ellen :Vlathison:It -+47.6055.
Our residents living within the corporate city limits of PrIor Lake will be allowed to participate. (Remember: Not all
citizens with Prior Lake addresses reside in the City limits), Residents wishing to dispose of tires, batteries,
appliances, yard waste. and heavy metals will be required to provide proofs of residency. ,-\n on-duty police officer
will be on site to assist in checking drivers licenses for proof of residency and to ensure only the rive prescribed items
are brought to the drop off site,
Here are a few simple rules that will be enforced at the recycling site:
I, Television sets. stereos. water softeners. and plumbing tixtures are not considered "[ajor
Appliances and will not be accepted,
2. Only prescribed items will be accepted.
3, Heavy :Vletals does not include fencing, springs. or any wire type material.
-+, All leaves and grass clippIngs must be bagged,
5, Brush must not be longer than 6 feet md no stumps or logs over 3" diameter will be accepted,
The drop-off site will be located at the Prior Lake Senior High School parking lot. The site will open at 3:00 a.m, and
close promptly at 12:00 noon,
The City's Fall Clean-up Day this year is emphasizing recycling, therefore, we will not be able to accept any
item that does not meet the advertised list of five different recyclable materials mentioned above.
In the event you would like to dispose of refuse that does not meet the prescribed list of the Clean-up Day. please
consult your refuse hauler or call Scott County at -l9P-8177,
** A 55.00 FEE WILL BE CHARGED TO EACH VEHICLE **
PARTICIPA TING IN THE CLE~'l-UP DAY
(There will be no charge for the "Bridging" Program)
(No Checks Please)
[fyou have any questions or comments please contact Prior Lake City Hall at 447-4230. ext. 222.
CLEAN I. DOC
EXHIBIT B
II. POLICY STATEMENT
It is the policy of Scott County Government to provide Equal
opportunity to all employees and applicants for employment 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 employment practices which
discriminate against or harass any employee or applicant for
employment 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: hi=ing, upgrading, demotion, transfer, recruitment
or recruitment advertising, selection, layoff, disciplinary action,
termination, rates of payor other forms of compensation, 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 Opportunity 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.
Scott County has designated the Personnel Director as the manager of
the Equal Employment Opportunity Program. These responsibilities will
include monitoring all Equal Employment Opportunity activities and
reporting the effectiveness of this program, as required by Federal,
State and Local agencies. The Scott County Administrator will receive
and review reports on the progress of the program. If any employee or
applicant for employment believes he/she has been discriminated
against, please contact the Scott County Personnel Director, Scott
County Personnel Department, Room 104, Scott County Courthouse,
Shakopee, Minnesota 55379, or call (612) 496-8103.
<,~ d~ 05-19-95
Gary L~unning~ Date
Scott County Administrator
05-19-95
ichard L. Unde erth Date
Chairman, Board of Commissioners