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5.g) 2012-2013 Municipal Recycling Grant with Washington County Meeting Date: 06/19/2012 Agenda Item: �f �: � City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve agreement with Washington County for the 2012-2013 Municipal Recycling Grant. Deadline/Timeline: N/A Background: • The agreement provides for the county paying the city up to $15,960.00 for curbside recycling program expenses in 2012 and 2013 (the same amount as 2010-2011.) • The agreement is essentially the same as the three previous agreements since 2006. • The City Attorney has reviewed the agreement. Recommendation: I recommend that the Council approve the agreement and authorize the Mayor to sign on behalf of the city. Attachments/ • 2012-13 Grant Agreement Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (recycling agreement) Page 1 of 1 OS/30/12 2012-13 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Scandia, 14727 209`t' St No., Scandia, MN 55073, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS,the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE,the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2013. 2. The County's Obligations: The County will pay the Grantee an amount of up to $15,960.00 which is to be used for recycling program expenses in 2012 and 2013. Payment will be made in two installments, one in 2012 and one in 2013. The 2012 payment will be made within 60 days of execution of this Agreement and the 2013 payment will be made within 60 days of the county approving the 2013 Grant Application. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2012 (Exhibit A) and 2013 Municipal Recycling Grant Applications. b. The Grantee will use all recycling grant money received in 2012 and 2013 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling proj ects the following year. c. The Grantee shall sign and return this Agreement to the County by July 13, 2012. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee will prepare and submit annual recycling reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31 of the year following the reporting period. The annual reports will be made on a form provided by the County. e. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste -1- generated by city/township government activities (including city/town halls, public works buildings, parks etc.) shall be delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. f. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service,the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance#178. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of Grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the CounTy, its officers and employees against any and all liability, loss, costs, damages and expenses which the County, its officers or employees may after sustain, incur, or be required to pay arising out of the Grantee's performance or failure to adequately perform its obligations pursuant to this Agreement. b. T'he Grantee further agrees that in order to protect itself as well as the County under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force. 1. General liability insurance in the amount of$500,000 for bodily injury or property damage to any one person and $1,500,000 for total injuries or damages arising from any one incident as set forth in Minnesota Statutes §466.04. 2. Any policy obtained and maintained under this clause shall provide that it shall not be canceled,materially changed, or not renewed without thirty (30) days prior notice thereof to the County. A Certificate of Insurance evidencing this coverage must be provided to the County before this Agreement is effective. c. Workers Compensation insurance as statutorily required. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended,the -2- Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Condition Subsequent It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County,the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation,Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, be excluded from full employment rights in, participation in,be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 10. Firearms Prohibited: Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or -3- subcontractors of the Grantee shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition to any other remedy available to the county under law or equity. Violation of this provision is grounds for immediate suspension or termination of this contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either pariy upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. -4- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE WASHINGTON COUNTY BY BY Lowell Johnson, Director TITLE Department of Public Health and Environment DATE DATE FEDERAL ID # APPROVE S TO ORM BY � Ass't Washingto Co. Attorney DATE S ����/Z -5-