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4.8. SR 03-04-2013 Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 4.8 AGENDA SECTION MEETING DATE PREPARED BY Consent March 4, 2013 Rebecca Haug, Environmental Administrator ITEM DESCRIPTION REVIEWED By Sherburne County Clean-up Day Agreement Suzanne Fischer, Community Operations and Development Director REVIEWED BY Cal Portner, City Administrator ACTION REQUESTED Authorize by motion for staff to enter into an agreement with Sherburne County to provide funding for the 2013 Spring Clean-up Day scheduled for Saturday,April 27, 2013. BACKGROUND/DISCUSSION The City of Elk River will be hosting a spring Clean-up Event on Saturday,April 27, 2013, from 8:00 a.m. —4:00 p.m. at the Elk River Maintenance Facility, 19000 Proctor Road. Sherburne County is granting the City of Elk River $11,127 to help fund expenses associated with advertising and hosting the Spring Clean-up Day. Funds will be applied to costs incurred for disposing of electronics, appliances, tires, fluorescent lights, car seats, and other recyclable materials. These monies will only cover the cost of municipal solid waste that is delivered to a resource recovery facility, and since they do not cover all disposal costs,residents will be charged for disposal. Attached is the 2013 Spring Clean- up Day ad with disposal information and prices. The city must enter into a Clean-up Day agreement with Sherburne County in order to receive the funds. The agreement is attached. ATTACHMENTS ■ Sherburne County Clean-up Day Agreement ■ 2013 Spring Clean-up Day Ad Action Motion by Second by Vote Follow Up 1`4 f U R E Sherburne County "'City/Township Cleanup Day Events" 2013 Grant Agreement WHEREAS, the County of Sherburne, State of Minnesota, (hereinafter, "the County") has received certain grant funds from the State of Minnesota for the purpose of enhancing recycling, waste reduction, and landfill abatement efforts; WHEREAS, City of Elk River conducts an annual spring "Cleanup Day" event at which City residents can drop certain recyclable and waste materials at a designated location on City property and the City or its contractors will recycle or dispose of the waste; WHEREAS, the City has submitted an application for SCORE funds to defray the costs of the spring Cleanup Day event; WHEREAS, the County has determined that the Cleanup Day Event Application submitted by the Grantee promotes the above; NOW,THEREFORE, the parties herby agree as follows: 1) DEFINITIONS: The terms used in this Agreement shall have the same meaning as provided in Section 2 of the County's Solid Waste Management Ordinance (Ordinance 180), unless otherwise specifically provided herein. 2) The GRANTOR of said funds is the Sherburne County Zoning Department, 13880 Business Center Drive, Elk River, Minnesota 55330. The contact person is the County Solid Waste Administrator, (763) 765- 4450. 3) The GRANTEE is: City of Elk River 13065 Orono Parkway Elk River, MN 55330 4) GRANT AMOUNT: The purpose of the Grant is to reimburse Grantee, up to a sum not to exceed the amount of g1,127, provided that all terms and conditions as set forth in this Cleanup Day Agreement are fulfilled, in total, by the Grantee. Grant funds shall be paid to the Grantee only after Grantee has verified to the County's satisfaction that such sums were expended for the purposes identified in Grantee's 2013 SCORE Grant Application and in Sections 5 and 6 below. if the program or project deviates from that as specifically presented in the grant application materials, the Grantee must obtain the express consent of the County or the reimbursement may be denied. 5) ITEMS ELIGIBLE FOR REIMBURSEMENT: Page 1 of 5 Only the following solid waste collected for resource recovery and recyclable materials collected for recycling during the scheduled Cleanup Day Event are eligible for reimbursement: 5.1) Covered Electronic Devices (Electronics), as defined in Minn. Stat. § 115A.1310, subd. 7. 5.2) Scrap Metal 5.3) Waste Tires 5.4) Fluorescent Bulbs 5.6 Major Appliances 5.7) Motor Oil 5.8) Motor Oil Filters 5.9) Automotive Batteries 5.10 MSW, provided that the MSW is delivered to a resource recovery facility located within the State of Minnesota 5.11 Vinyl Siding 5.12) For all other items collected during the Cleanup Day Event, the Grantor shall not provide the Grantee any reimbursement unless the Grantee receives specific prior written authorization from the Grantor. 6) ADVERTISEMENT The Grantee shall reimburse the Grantor for reasonable expenses pertaining to advertising and publicizing the Cleanup Day Event; however, a copy of the advertisement(s) and a copy of the original invoice(s) shall be submitted to the Grantee in order to be eligible for reimbursement. 7) REIMBURSEMENT The Grantee shall be reimbursed for up to 75% of the total costs incurred by the Grantee in conducting the Cleanup Day Event, in an amount not to exceed the Grant amount, as provided in this Agreement after verification by the Grantee to the Grantor that all claimed costs and expenses were incurred by the Grantee in collecting, transporting and disposing of eligible materials identified in Section 5 above as part of conducting the Cleanup Day Event. Furthermore, the Grantee shall certify and warrant to the Grantor that all such monies received from the Grantor are solely to reimburse the Grantee for costs and expenses incurred in conducting the Cleanup Day Event pursuant to the terms and conditions of this Agreement. The total obligation for all reimbursements to the Grantee under this Agreement shall not exceed the amount identified in Section 4 above. All recycling reimbursement requests shall include a Proof of Recycling, such as an invoice or certificate from the contracted Recycling Facility or Hauler. All MSW reimbursement requests shall include an invoice from a Resouce Recovery Facility Located within the State of Minnesota. 8) COVERED ELECTRONIC DEVICE The Grantee shall not permit or allow any collection or disposal of Covered Electronic Devices to or by any person, whether natural, corporate or otherwise, unless that person is registered with the Minnesota Pollution Control Agency as a "Collector", as defined in Minn. Stat. § 115A.1310, subd. 4 and/or a "Recycler", as defined in Minn. Stat. § 115A.1310, subd. 14. Page 2 of 5 i 9) INELIGIBLE ITEMS The following items and activities shall not be eligible for reimbursement: 9.1) Labor costs related to the Cleanup Day event 9.2) Any costs relating to the transportation, collection and disposal of Mixed Municipal Solid Waste (MSW) that is not delivered to a resource recovery facility located within the State of Minnesota. 9.3) Any costs relating to the transportation, collection and disposal of Construction and Demolition Waste (C&D) 9.4) Any costs relating to the transportation, collection and disposal of Commercial and Industrial Waste 9.5) All other costs associated with conducting a Cleanup Day event unless prior written authorization from the Grantor has been given. 10) RESIDENCY The Grantee shall undertake all reasonable efforts to ensure that all participants of the Cleanup Day Event reside within Sherburne County. 11) ANTI-SCAVENGING Persons or organizations other than a Sherburne County Licensed Hauler shall not collect solid waste at a scheduled Cleanup Day Event. Participants and staff persons who participate in the Cleanup Day Event shall not be permitted to take or remove any items deposited at the Cleanup Day Event for their own personal use. 12) RECORDS Grantee's books, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Agreement are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Agreement. Grantee agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made, or longer if any audit in progress requires a longer retention period. The Grantee further agrees to provide to the County Solid Waste Administrator all information requested regarding recycling efforts in the County for the purpose of meeting SCORE legislation objectives. 13) DATA PRACTICES All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the Grantee's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq., or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Grantee agrees to abide by these statutes, rules and regulations and as they may be amended. Page 3 of 5 14) • WORKER'S COMPENSATION Grantee certifies that it is in compliance with Minn, Stat, § 176,181, subd. 2 pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered County employees. Any claims that may arise under the Minnesota Worker's Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the County's obligation or responsibility. 15) JOINT VENTURE Neither the provision of this grant, not this Agreement, constitutes or creates a joint venture or enterprise between the Grantee and Grantor. 16) INDEMNIFICATION The Grantee shall hold harmless the County and its officers, agents, employees, and designates from any and all damages, liability or costs arising from the project identified in its Application and this Agreement. This paragraph does not diminish, with respect to any third party, any defense, immunity or liability limit that the County or the Grantee may enjoy under law. 17) GENERATOR The Grantee agrees that the County of Sherburne and its officers, agents, and employees, is not the generator of any of the items collected, processed, or disposed of during any Cleanup Day Event. 18) DISPOSAL All items collected during a Cleanup Day Event must be properly marketed or disposed of according to applicable federal, state, and local regulations and Sherburne County Ordinances. The Grantee must maintain, for a period of five (5) years, records pertaining to the ultimate disposal of all items collected during the Cleanup Day Event, and produce these records to the Grantor upon request. 19) FINAL REPORT The "2013 Cleanup Day Report" shall be completed by the Grantee on a form provided by the Grantor, and shall reflect the accurate expenses incurred by the Grantee during the Cleanup Day Event. This report shall include copies of all receipts and invoices which have been properly itemized and submitted for reimbursement. The "2013 Cleanup Day Report" shall be mailed to the Grantee by the Grantor prior to June 30, 2013. The "2013 Cleanup Day Report" and all invoices and receipts shall be returned to the Grantor by the Grantee prior to July 31, 2013. Reimbursement for eligible costs incurred during the Cleanup Day event is contingent upon verification that the "2013 Cleanup Day Report" is complete and accurate. 20) ADDITIONAL CONDITIONS Page 4 of 5 I A. In the event that the total reimbursement under this Agreement following Grantee's spring Cleanup Day event is less than the total grant amount provided in Section 4, Grantee may request to utilize the remaining grant funds for conducting a subsequent Cleanup Day Event during calendar year 2013. Any such request shall be made in writing to the County Solid Waste Administrator prior to July 31, 2013 and will be subject to approval by the County Board of Commissioners in the County's sole discretion. Any approval issued by the County to use the remaining grant funds during calendar year 2013 shall be subject to the terms and conditions of this Agreement, unless the parties otherwise agree in writing. B. Grantee agrees that the use of_SCORE monies shall be pursuant to Minnesota State Statute 115A.557. The parties shall further abide by all Federal, State or local laws; statutes, ordinances, rules and regulations pertaining to this Agreement and this Agreement shall be construed in accordance with the substantive and procedural laws of the State of Minnesota. C. Unless earlier terminated by either party with or without cause by giving the other party thirty (30) days written notice, this Agreement shall terminate once the County has reimbursed Grantee the maximum amount of available SCORE Funds pursuant to this Section 4. Sections 12, 13, 16, 17, 18 and 20(B) shall survive termination of this Agreement. GRANTEE City of Elk River Authorized Representative Date i COUNTY OF SHERBURNE County Board Chairperson Date ATTESTED TO Clerk of the County Board Date Form approved by the Sherburne County Attorney's Office— February 22,2013 Page 5 of 5 Elk River Residential Clean-up Event City of April 27, 2013 Elk - 1 8:00 a.m. - 4:00 p.m. -••-1 RiVer City of Elk River Maintenance Facility - 19000 Proctor Road, Elk River Acceptable Items Amount Per Item Mixed Municipal Solid Waste - junk,including carpet $30 Air conditioners,refrigerators, freezers,dehumidifiers $10 Household Appliances - microwaves, dishwashers,washer/dryers, stoves,humidifiers, $10 water softeners,water heaters Big screen TVs - over 32" $30 Electronics -No Commercial Units $10 TVs - 32' or less, stereos,VCRs,DVD players, adding machines, computer systems - tower,monitor, keyboard,household desktop copier Furniture - couches, chairs $10 Car seats $5 Mattresses, box springs $10 Vehicle batteries No Charge Passenger tires without rims $4 Semi-tires without rims $17 Tractor tires without rims $10 Fluorescent light bulbs .50 Propane tanks No Charge Handheld electronic - cell phone, PDA No Charge Confidential document destruction shredding- no limit $5/resident Certificate of proper document destruction supplied for those businesses that pre-register $25/business Cash or check only for payment. Prices are subject to change without notice. Items not listed above must be approved by the Environmental Department prior to delivery on clean up days. No household hazardous waste accepted at this event. Call 763.635.1000 with questions.