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HomeMy WebLinkAbout15.F.5. Recycling Program Agreement with Scott County ,,\ Co {0'((.~~eJ - ---> 15. r::s: City of Shakopee Memorandum CONSENT TO: Mayor and City Council Mark McN em, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Recycling Program Agreement with Scott County MEETING DATE: Aprill, 2003 - Introduction City C01.U1cil is asked to authorize an agreement between Scott COlmty and the City for reimbursement of recycling expenses for the annual Clean-Up Day. Background This year, as in previous years, Scott County has provided reimbursement to participating cities for recycling efforts. Monies are provided to Scott County from the Mumesota Office of Environmental Assistance. The grant funds will help pay for some of the recycling e:{Cpenses incurred on Clean-Up Day, which will occur on May 3. Shakopee is eligible for up to $7,0000. $7,000. Recommendation Staffrecommends that the City enter into the recycling program agreement. Action Required If the Council concurs, it should, by motion, authorize the appropriate officials to sign the "Recycling Program. Agreement" for 2003 by and between Scott County and the City of Shakopee. - 1 City of Shakopee IS. ~ s: Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy SGhaefer, Assistant to the City Administrator SUBJECT: Recycling Program Agreement with Scott County MEETING DATE: April I, 2003 Introduction City Council is asked to authorize an agreement between Scott County and the City for reimbursement of recycling expenses for the annual Clean-Up Day. Background This year, as in previous years, Scott County has provided reimbursement to participating cities for recycling efforts. Monies are provided to Scott County from the Minnesota Office of Environmental Assistance. The grant funds will help pay for some of the recycling expenses incurred on Clean-Up Day, which will occur on May 3. Shakopee is eligible for up to $7,0000. Recommendation Staff recommends that the City enter into the recycling program agreement. Action Required If the Council concurs, it should, by motion, authorize the appropriate officials to sign the "Recycling Program Agreement" for 2003 by and between Scott County and the City of Shakopee. 1 RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as the COUNTY by and through the Scott County Board of Commissioners, and THE CITY OF SHAKOPEE, Scott County Minnesota, hereinafter referred to as the 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 May 2, 2000; 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. 2. SCOPE OF SERVICES The CITY is obligated and agrees to the following: a. Recyclable materials will be collected by a hauler licensed in 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. e. 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. Labor, advertising, and any solid waste that was landfilled are not included in these expenditures. 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. 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. 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, 2003, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, unless earlier terminated as provided in Section 20 herein. 5. 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. 2 6. AVAilABILITY OF FUNDS Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY under this agreement is $7,000.00. 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. 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: Steve L. Steuber Environmental Health Department 200 Fourth Avenue West, A-104 Shakopee, MN 55379-1393 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 (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 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. 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. 4 15. 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. 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. 19. ENTIRE AGREEMENT It is understood and agreed that this Agreement constitutes 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. 5 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 31,2003. 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 this Agreement. 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 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 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. 6 IN WITNESS WHEREOF l 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: Pat Ciliberto, County Attorney Date: 7