HomeMy WebLinkAbout15.C.3. Recycling Program Agreement with Scott County
IS: C. 3
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council CONSENT
Mark McNeill, City Administrator
FROM: Michael Hullander, Public Works Supervisor
SUBJECT: Recycling Program Agreement with Scott County
DATE: April 14, 2005
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 on Saturday, April
23rd,2005.
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 ofthe recycling expenses incurred on Clean-Up
Day, which will occur on Saturday April 23rd. Shakopee is eligible for up to $12,814.00.
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 2005 by and between Scott County and the City of
Shakopee.
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l~'... scon COUNTY COMMUNITY DEVELOPMENT DIVISION
S tt ENVIRONMENTAL HEALTH DEPARTMENT
~ ~ . J - 200 FOURTH AVENUE WEST. SHAKO PEE MN 55379-1220
A~ rol~ (952) 49""177 . ""', (952) 496-8489 : www.co.soottmn.us
March 29,2005
MARK MCNEILL
CITY ADMINISTRATOR
129 HOLMES ST. S.
SHAKOPEE, MN 55379
Dear Mr. McNeill:
Congratulations on your decision to participate in Scott County's subgrant program for your City's Recyclable Material
Collection Day{s). The amount of funding available to each City or Township is based on population, using the most recent
U.S. Census Bureau data estimations. The amount of funding available to the City of Shakopee this year is $12,814.00. Due
to Jackson and Louisville Township's desire to join your City's event, their total funding amount of $1,481.00 will also be
transferred toyou. Consequently, your total funding amount for your City's Recyclable Material Collection Day{s) will be
$14,295.00.
You are required to submit "Before the Collection Day" information such as affirming your desire to participate, a verification of
which Township/s if any will be joining your event and the return of your city's two (2) signed Recycling Program Agreement that
are included in this correspondence). Please sign both agreements where applicable and return both to the County BEFORE
THE COLLECTION DAY event. You will be returned one (1) of the agreements for your records.
As in years past, the City is responsible to acknowledge the participating Township{s) in all advertisements and invite the
Township residents to participate in the event. Please carefullv read throuah the enclosed "Recycling Proaram Agreement."
pavina particular attention to Section Two (2), Scooe of Services. Please also note that only the costls to manaae
recycled materials are eliaible for fundina assistance under this subarant oroaram. ConseauentlY. any municioal
solid waste (MSW) and/or demolition/construction waste (DemCon) collected at your collection day event that reauires
landfillina must be oaid for with fundina other than with this county subarant oroaram.
After The Collection Day and before your check can be issued, please submit the required follow-up information (the same as
has been required in prior years) within 60 days of your city's collection day event. This information will be provided by filling
out and submitting the "AFTER THE COLLECTION DAY" form (also enclosed in this mailing and intended to simplify reporting
information). An example of a completed form is provided for your benefit; the areas highlighted in red must be filled in, with a
N/Adesignating non-applicable where appropriate. Please note that for those cities combining their event with a township. a
copy of the advertisement (and where it was published) must also be provided before your check can be issued.
If you have any questions or concerns please feel free to call me at (952) 496-8473.
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Steve L. Steuber .
Environmental Health
Enclosures: 2 Recycling Program Agreement Contracts
1 Example "After the Collection Day" Report Form
1 Report Form
An Equal Opportunity/Safety Aware Employer
<} Printed on recycled paper containing 30% post consumer content
1110
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COUNTY OF SCOTT
RECYCLING PROGRAM AGREEMENT
THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to
as IICounty,1I and the City of Shakopee, Minnesota, hereinafter referred to as IICity", by and
through the City Council.
RECITALS:
1. This 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-consistant with the
County Solid Waste Master Plan.
2. 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
3 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
4. WHEREAS, Scott County has received funding from the Office of Environmental
Assistance identified as Local Recycling Grant; and
5 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
March 8, 2005; and
6. WHEREAS, The City of Shakopee 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 23, 2005. 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
-. --, ~ '. - .
I
1. Notwithstanding any provision of this Agreement to the contrary, the maximum
amount of grant payment available to the City under this agreement is
$14,295.50.
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 Pavment
All services provided by City pursuant to this agreement shall be performed to the
satisfa.ction 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 a hauler licensed in Scott County to collect recyclable materials at the
event.
2. All recyclables will be delivered to a licensed recycling facility.
3. Organic materials (yard and tree waste) will be delivered toa 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. Labor, advertising, and any solid waste that was
landfilled are 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, 2005 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 AQents
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, A-104
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
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, include the other party's claim for
indemnification, to the limits prescribed under 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, 2005.
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 it, it'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. Controllina 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, iII?gal or unenforceable, the remaining
provisions will not be affected.
18. Successors and Assh::ms
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. 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, 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. Chan~es
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 subjecf 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 SHAKO PEE COUNTY OF SCOTT
By:~k/:!7 By:
Michael Sobota
Community Development Director
Scott County
Community DeV~ion
Date: Date:?v1~
By: 1MJ2J 1!lLLUL(
City Administrator
Date: c.1-1 {-o<:;
ATTEST: ATTEST:
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By: By:
Title: City Clerk Allen J. Frechette,
Environmental Health. Manager
Scott County
Community Development Division
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Date: Date: 3 -" .... {{'-D
APPROVED AS TO FORM
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By: L/~a: -~fl.(,,--
For Pat Cim;::erto,
Scott County Attorney
Date: 3,)(7 rf,;;!5~