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5.e) Recycling Grant Agmt with Wash Co2014 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`h 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, 2014. 2. The County's Obligations: The County will pay the Grantee an amount of up to $8,024.00 which is to be used for recycling program expenses in 2014. Payments will be made within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2014 Grant Application Guidelines (Exhibit A) and 2014 Municipal Recycling Grant Applications. b. The Grantee will use all recycling grant money received in 2014 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 projects the following year. C. The Grantee shall sign and return this Agreement to the County by August ls`, 2014. 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 February 15a' 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 generated by city/township government activities (including city/town halls, public works buildings, parks, and for city/townships that arrange for waste -1- services on behalf of their residents) 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 or its replacement, Ordinance #194, effective July 1", 2014. 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. The 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. 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. 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 party 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. 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE IM TITLE ,aTo r FEDERAL ID # I+1- D 9 0 "1 q3 Q -5- WASHINGTON COUNTY L:l'1 Lowell Johnson, Director Department of Public Health and Environment DATE APPROVE AS TO FORM BY Ass't Washingebn Co. Attorney DATE V12 t'l/// 2014 WASHINGTON COUNTY MUNICIPAL CURBSIDE RECYCLING AND WASTE REDUCTION GRANT GUIDELINES (EXHIBIT A) The city or township curbside recycling program shall be established by ordinance or a contract with a recycling contractor and be in operation during 2014. 2. The curbside recycling grant funds may be used for the following recycling program expenses: public education, administrative costs, curbside bins, waste reduction initiatives, and commercial recycling projects. 3. Administrative expenses are eligible under this grant program if they are for the purpose of implementing, maintaining, or improving the performance of the curbside recycling program. Administrative expenses include staff and legal costs only. 4. Expenditures for capital items other than curbside recycling bins are not eligible for funding under this grant program. For major expenditures or major changes to existing programs, a curbside recycling work plan must be submitted and approved by the Department of Public Health and Environment (Department). The work plan shall be submitted on a form provided by the Department with the grant application. 6. At a minimum, the following materials must be included in the curbside program: glass jars and bottles, newspaper, beverage cans, steel food cans, corrugated cardboard, and either glossy magazines or mixed paper. Cities and townships may require the collection of additional materials (see page 3). 7. If recycling services are provided by a contractor, a written agreement must be executed between the city/township and the contractor. The agreement must require the contractor to provide verification on the types and amounts of materials recycled. A copy of the agreement, and any major revisions to it, must be provided to the Department with the grant application. Exhibit A: Curbside Grant Guidelines, Page 1 8. If curbside recycling services are mandated through an ordinance, a copy of the ordinance must be submitted with the grant application if major revisions have been made. 9. All multifamily housing units (apartments, town homes, condominiums, etc.) must have on -site recycling collection services available. 10. Curbside recycling annual reports shall be submitted to the Department on forms provided by the Department by February 15`h of the year following the reporting period. 11. Cities/Townships shall require their recyclables collectors to submit weight receipts for materials recycled. The cities/townships shall verify and retain weight receipts. The Department will audit a city or township's weight receipts when deemed necessary. 12. Pursuant to Minnesota Statutes 115A.46 and 115A.47I, all waste generated by city/township government activities (including city/town halls, public works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) 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 the Grant Agreement. 13. Cities and townships that contract or otherwise arrange for municipal solid waste hauling service on behalf of residents and/or businesses and issues bills for this service shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and make reasonable effort to collect the CEC. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance # 194, effective July 0, 2014. 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. Exhibit A: Curbside Grant Guidelines, Page 2 Standard List of Materials to be Collected Curbside Paper • Mail, office and school papers • Magazines and catalogs • Newspapers and inserts • Phone books • Books • Shredded Paper (in closed paper bags) • Cereal, cracker, and pasta boxes • Shoe boxes, gift boxes and electronics boxes • Toiletry and medication boxes • Cardboard • Pop and beer boxes Cartons • Milk, soup and broth cartons • Juice boxes • Wine and juice cartons Glass • Food and beverage bottles and jars Metal • Food and beverage cans • Aluminum foil and trays (rinsed and clean) Plastic #147 • Water, soda and juice bottles • Milk and juice jugs • Ketchup and salad dressing bottles • Yogurt, pudding and fruit cups, • Margarine, cottage cheese and other tubs • Produce, deli and take out containers (except for black containers) • Dishwashing liquid bottles • Detergent jugs • Shampoo, soap and lotion bottles (remove pump) • Clear packaging from toys and electronics • Disposable cups and bowls • Medicine bottles Exhibit A: Curbside Grant Guidelines, Page 3