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HomeMy WebLinkAbout1998-151RESOLUTION NO. 98-151 APPROVING 1998 MEMORANDUM OF AGREEME] FOR CURBSIDE RECYCLING GRANT DISTRIBUTI NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater; Minnesota, that the Memorandum of Agreement for Curbside Recycling Grant Distribution between Washington County and the City of Stillwater, attached as "Exhibit A", is herieby approved. Adopted by Council this 16th day of June, 1998. Attest: Morli eldon, City Clerk 1998 MEMORANDUM OF AGREEMENT FOR CURBSIDE RECYCLING GRANT DISTRIB THIS AGREEMENT made and entered into by and bet Washington, hereinafter referred to as the "County", and the City of referred to as the "Grantee". WHEREAS, the County desires to encourage and support resi reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners ha for 1998 to be used to further develop recycling service in the County. NOW, THEREFORE, the parties hereto agree as follows: 1 2 3. Term: The term of the Agreement shall be from the date this Agreement County to December 31, 1998. The County's Obligations: ON the County of Ater, hereinafter ial recycling to budgeted money approved by the a. The County will pay the Grantee the amount of $61,544.00 twhich is to be used for curbside recycling program expenses. ~' b. Indemnify -and hold the Grantee harmless from any claims suits, or damages arising out of any act or omission of the County, its officers, employees, or agents in the performance of the services provided for by this Agreement. The Grantee's Obligations: a. The Grantee will sign a contract with a Recycling Cont: the responsibilities ofeach party and the rate ofpayment services as provided by the Contractor. b. The Grantee agrees to follow their 1998 Curbside Application. which specifies rbside recycling Recycling Grant csi -1- c The Grantee will use all recycling grant money received in ~ 998 as a result of this Agreement, for recycling services and public education related to recycling. If all recycling funds are not used within the ~'~ grant period, the Grantee must submit a plan to the County by Decembers 15, 1998, which indicates how the funds will be used the following year. I, d. The Grantee shall sign and return this Agreement to the County by July 15, 1998. Failure to do so will result in loss of grant funds. 4. e. The Grantee will prepare and submit semi-annual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 31, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semi-annual reports will be made on a form provided by the County. f. The Grantee should organize a recycling committee which will assist in monitoring the curbside recycling program and provide direction on additional public education activities and other program needs. ~,' Indemnification and Insurance: a. The Grantee a ees it will defend, indemni and hold harmless the Coun , ~' fY ty its officers and employees against any and all liability, lobs, costs, damages and expenses which the County, its officers or employees may after sustain, incur, or be required to pay arising out ofthe Grantee's perf©rmance or failure to adequately perform its obligations pursuant to this Agre'~ement. b. The Grantee will require in the contract with their Recyclig Contractor that the Contractor will indemnify and hold the County and its o icers, employees, and agents harmless from any claims, suits or damages arming out of any act or omission of the Contractor, its officers, agents or volunteer workers in the performance of the services provided for by this Agreeme 'mt. c. 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. 1. General liability insurance in the amounts of $300 injury or property damage to any one person and $7 injuries or damages arising from any one incident County. 000.00 for bodily ~~0,000.00 for total '~as required by the -2- 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 jmust be provided to the County before this Agreement is effective. '', 5. 6. 7 d. The Grantee agrees that in the contract with their Recycling'IContractor, it will require the Contractor at all times during the course of the contract to have and keep in force a general liability policy insuring itself at a level not less than the liability limits set forth above and to provide Certificates of Insurance to the Grantee and County. Data Practices: All data collected, created, received, maintained, or disseminated fdr 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 Minnesota Rules implementing such Act now in force or as ad~'opted, as well as Federal regulations on data privacy. I, Records Availability and Retention: Pursuant to Minnesota Statute 16B.06, Subd. 4, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives ~t 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 accoup~ting practices and procedures of the Grantee and involve transactions relating to thi~ Agreement,. Grantee agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. '', Independent Contractor: Nothing contained in this Agreement is intended or should be conjstrued 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. ', -3- 8. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to No person shall, on the grounds of race, color, religion, ag marital status, public assistance status, criminal record, origin, be excluded from full employment rights in, particip~ the benefits of, or be otherwise subjected to discrimination applicable Federal and State Laws against discrimination. 9. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the Agreement, the County may terminate the Agreement at any time f< days written notice to the Grantee and upon failure of the Grantee within the seven day period. The County will require the Grantee funds in full or in a portion determined by the County. Nothir. construed so as to limit the County's legal remedies to recover gra 10. Termination: following: ~, sex, disability, reed or national lion in, be denied znder any and all -ovisions of this owing seven (7) cure the default repay the grant herein shall be funds. This Agreement maybe canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or toll, the City Clerk if there is no Administrator. Notice to Townships shall be mailed ~I to the Township Clerk. Notice shall be sent to the official business address of the pity or Township. Notice to the County shall be mailed to: Department ofHealth, Env'~,ironment & Land Management, PO Box 3803, Stillwater, MN 55082-3803. 11. Merger and Modification: a. It is understood and agreed that the entire Agreement bet contained here and that this Agreement supersedes all o~ negotiations between the parties relating to the subject referred to in this Agreement are incorporated or attached be part of this Agreement. b. Any material alterations, variations, modifications, or wai this Agreement shall be valid only when they have been r an Amendment and signed by the parties. en the parties is agreements and otter. All items d are deemed to ofprovisions of ;ed to writing as -4- IN WITNESS WHEREOF, the parties have executed this indicated below. GRANTEE BY TITLE Chair, Washington Board of Commissi ~t on the dates DATE DA FEDERAL ID #. WASHINGTON CO BY BY. DA James R. Schug County Admini; Recommended for action: BY Mary McGlothlin, D~'irector Department of Health, Environment & Lana Management DA APPROVED AS TO F BY Asst. Washington C~. Attorney DA -5-