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Home My WebLink About1998-042T •' <e~ Y . 1998 MEMORANDUM OF AGREEMENT FOR DROP OFF CENTER 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 Stillwater, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and support residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted money for 1998 to be used to further develop recycling service in the County. WHEREAS, the Grantee, the City of Bayport, and the City of Oak Park Heights wish to conduct a joint drop-off recycling program with the Grantee coordinating the program. 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, 1998. 2. The County's obligation: a. The County will pay the Grantee an amount equal to fifty cents per household which shall equal $2,899.00 as determined using the Metropolitan Council's 1996 Population Estimates. b. The County will pay the Grantee an amount equal to $397.00 which is the recycling grant allocation for the City of Bayport and $748.00 which is the recycling grant allocation for the City of Oak Park Heights based on the Metropolitan Council's 1996 Population Estimates. All grant funds received will be used to provide recycling services and public education as identified in Section 3.b of this Agreement. D02 -1- . ,t . , c. 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. 3. The Grantee's oblation: a. The Grantee will sign a contract with a recycling contractor which specifies the responsibilities of each party and the rate of payment for drop-off services as provided by the contractor. If the total amount of funds are not used for drop-off services, they may be used for curbside recycling services. b. The Grantee will use all recycling grant money received in 1998, 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 December 15, 1998, which indicates how the funds will be used the following year. c. The Grantee will prepare and submit semiannual 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 semiannual reports will be made on a form provided by the County. 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 hereafter 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. 1. General liability insurance in the amounts of $300,000.00 for bodily injury or property damage to any one person and $750,000.00 for total injuries or damages arising from any one incident as required by the County. -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 must be provided to the County before this Agreement is effective. 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 Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. 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 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 three (3) years from the date of termination of this Agreement. 7. 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. -3- •. 8. 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, 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. 9. 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 Department's legal remedies to recover grant funds. 10. 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 Health, Environment & Land Management, 14900 61st St N, PO Box 3803, Stillwater, MN 55082-3803. 11. 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 BY `~ TITLE ~ ~~ DATE ~1 /7~ G ~' FEDERAL ID # `~ ~ ' ~ ~ ~ 5 S ~ G, WASHINGTON COUNTY BY Mary McGlothlin, Director Department of Health, Environment & Land Management DATE -5-