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
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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
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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
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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.
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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
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