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HomeMy WebLinkAbout5.F. Recycling Container Grant CITY OF SHAKO PEE Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Recycling Container Grant DATE: December 29,2005 INTRODUCTION: The Council is asked to enter into a contract with Scott County for the receipt of $25,000 of grant monies. The grant funds will be used to purchase recycling containers for use by City residents who are served under the City's recycling contract. BACKGROUND: Each year Scott County receives money from fees that are collected on waste that is delivered to Minnesota landfills. The monies are divided among Minnesota counties based on population, In Scott County, those dollars are given to cities to assist in one day clean ups. In addition, because Shakopee has a coordinated garbage pickup program, the City has been successful in the past in obtaining grants for the purchase of the red recycling containers. This helps keep the end cost down to the consumer. On October 21st, the City applied for, and received $25,000 in these funds (SCORE funds), An agreement has been drafted, and is attached for approval. This was approved by Scott County on November 29th in recognition of Shakopee's continued commitment towards organized waste collection, recycling and waste processing, which is consistent with Scott County's Solid Waste Master Plan. BUDGET IMPACT: There are no matching funds required from the City. VISIONING RELATIONSHIP: This action supports: Goal A: Financially Strong Strategy 3: Protect the Environment RECOMMENDATION: I recommend that the grant agreement be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize appropriate City officials to execute the "Recycling Program Agreement" with Scott County. ;1f"\J-J1JL~Al~ Mark McNeill City Administrator COUNTY OF SCOTT RECYCLING PROGRAM AGREEMENT THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County," and the City of Shakopee, Minnesota, hereinafter referred to as"City". RECITALS: A. The City is requesting grant funding from the County for the purpose of purchasing residential recycling bins to encourage maximum curbside recycling within the City; and B. The County seeks to enter into an agreement for the purpose of meeting the requirements of Minnesota Statute Section 115A.551 and the County Solid Waste Master Plan. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the County and the City hereby agree as follows: 1. Compensation and Terms of Payment A. Compensation The City shall be provided County grant funding for the purpose of purchasing residential recycling bins for use within Shakopee to enhance recycling. Total County grant funding under this agreement shall not exceed $25,000. B. Terms of County Grant Funding The City shall submit a duplicate invoice to the authorized agent of the County upon receipt of bins. 2. Condition of Payment Use of the Grant Funds by the City pursuant to this agreement shall be in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 3. Scope of Services The City agrees to use the funds provided hereby for the purchase and distribution of recycling bins to municipal residents and to provide acceptable documentation to the County as provided herein. 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 all obligations set forth in this agreement have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. 6. Authorized A~ents 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: Mark McNeill City Administrator 129 Holmes St. S. Shakopee, MN 55379 (952) 233-3800 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 2 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 under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all claims arising from a single occurrence, including the other party's claim for indemnification, to the limits prescribed under section 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 requirements and shall be in accordance with the Minnesota statutory requirements, Said policies shall be kept in effect during the entire term of this agreement. 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 Pursuant to Minnesota Statutes, Chapter 13, the City and the County agree to manage the data created, received, and maintained in connection with this agreement according to the statutory provisions applicable to the same. 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 31,2006. 3 15. 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 authorized agent of the City at the address stated herein, and to the authorized agent of the County at the address stated herein. 16. Controllinq 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. 17. Successors and Assiqns The County and the City, respectively, bind themselves, their successors and assigns to the other party to this agreement and to the successors and assigns 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. 18, Equal 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 and incorporated herein as 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. 19. Chanqes 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. 4 20. 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. 21. Entire Aareement 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. 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE 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: 6