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HomeMy WebLinkAbout1993-057 Recycling Grant Program STATE OF OREGON SOLID WASTE PLANNING AND RECYCLING GRANT PROGRAM INTERAGENCY AGREEMENT DEQ SWPRG AGREEMENT NO.~307 This Agreement is between the State of Oregon acting by and through its Department of Environmental Quality, hereafter called the Department, and City of Ashland, hereafter called Recipient. WHEREAS, the award of financial assistance which is the subject of this Agreement is authorized by Oregon Revised Statute 459.295(2) (e), and Oregon Administrative Rule 340-83-010 to 340-83-100; and WHEREAS, the Department has reviewed the Recipient's application in a competition and determined the Project is feasible and merits funding; and WHEREAS, the Department is willing to provide a grant of $27,780 to the Recipient on the terms and conditions of the Agreement; THEREFORE, the parties agree as follows: DescriDtion of Project The Project is described in Exhibit A attached hereto and by this reference made a part hereof. b. Recipient agrees to the following schedule for the Project mentioned in 1 (a), and in the Workplan and Schedule contained in Exhibit B attached hereto and by~'l~--ref~er~c9 mad~a~art hereof· 1~t~ ~ ~ t !.%~ ~ 1[1) Begin: June 15, 1993 JUL 1 End: January 31, 1994 Haza ous & Solid Waste Division Grant Distribution Terms Depa mentolEnvironmental mX Subject to the terms and conditions of the Agreement and in reliance upon Recipient's Approved Application (Exhibit A), and Workplan and Schedule (Exhibit B) and certifications made by the Recipient therein, the Department agrees to provide funds not to exceed $27,780. The Department shall not be obligated to provide any portion Of the Grant if there has been a change in the legislation affecting the Department's ability to provide funds under the Solid Waste Planning and Recycling Grant Program (SWPRG). The transfer of funds from the Department to the Recipient shall be made pursuant to the Recipient's written request. U:\RECY\RPT\YB12408 (6/93) - 1 - Recipient may submit a written request for the release of $25,002 upon receipt of a fully executed Grant Agreement. The Department shall withhold ten (10) percent of the funds for the Project until the Recipient has submitted, and the Department has accepted, a final progress report on a form provided by the Department. Project status will be determined by periodic inspection of the Project by the Department. Procurement and Contracting Procedures Recipient may use their, or the Department's, procurement and contracting procedUres. If the Recipient uses their own, Recipient shall submit to the Department written certification they have followed their standard procedures. Eliqible Activities The use of the Grant is expressly limited to the activities Approved Application, Exhibit A. in the Ineliqible Activities The use of the Grant is expressly not approved for disposal site engineering, design or hydrogeologic study required by Department permit or enforcement action; costs for which payment has been or will be received under another financial assistance program, capital expenditures for solid waste planning; costs incurred prior to issuance of this Agreement; costs incurred after the expiration date of this Agreement; license applications or permit fees; ordinary operating expenses of local government; capital expenditures for rolling stock, and costs incurred for landfill closures. Matchinq Non-Grant Resources Recipient has provided non-Grant resources with a total value of $9,834 which are available and committed to the Project. ~mendments The terms of the Agreement, including timeframes for Project completion, will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by both parties of this Agreement. Such written modification will be made a part of this Agreement and subject to all other Agreement provisions. U:\RECY\RPT\YB12408 (6/93) - 2 - Termination This Agreement may be terminated by mutual consent of both parties, or by either party upon 30 days notice, in writing and delivered by certified mail or in person. The Department may terminate this Agreement effective upon delivery of written notice to the Recipient, or at such later date as may be established by the Department, if Department funding from state or other sources is not obtained and continued at levels sufficient to allow for continuation of the Project. The Agreement may be modified to accommodate a reduction in funds. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. The Department by written notice to the Recipient may terminate the whole or any part of the Agreement, if the Recipient fails to perform any of the provisions of the Agreement, or so fails to pursue the work as to endanger performance of the Agreement in accordance with its terms, and after receipt of written notice from the Department, fails to correct such failures within 10 days or such longer period as the Department may authorize. The rights and remedies of the Department provided in the above clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. Such remedies may include, but are not limited to, termination of the Agreement, stop payment on or return of the Grant, payment of interest earned on the Grant, declaration of ineligibility for the receipt of future Grants from SWPRG Account and withholding of other Department funds due the Recipient. Financial Records and Inspection Ail financial records, source supporting documents and all other records pertinent to this Grant shall be retained by the Recipient for a period of three years following Project completion. The Recipient gives the Department and any authorized representative of the Department access to and the right to examine all books, records, papers or documents relating to this grant. 10. Reports ae The Recipient shall submit progress reports and expenditure reports to the Department on a semi-annual basis, on forms provided by the Department. Reports shall cover the period U:\RECY\RPT\YB12408 (6/93) - 3 - January 1 to June 30, and July 1 to December 31. Progress and expenditure reports are due: January 31, 1994 The Recipient shall submit a final progress report and expenditure report on forms provided by the Department within 60 days of project completion. 11. Compliance with Applicable Law The Recipient shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. 12. Indemnit~ The Recipient shall defend, save, and hold harmless the State of Oregon and the Department, its officers, agents, employees, and members, from all claims, suits, or actions of whatsoever nature resulting from or arising out of the activities of the Recipient or its sub-contractors, agents, or employees in connection with this Grant or the Project. 13. Ownership of Project Unless prior written exceptions are given by the Department, all equipment, materials, and other capital goods purchased in full or in part with funds provided by the grant must be used only for the purposes specified in Exhibit A. The Recipient shall retain ownership of the property and materials of this Project. Recipient shall account for property and materials upon termination of this Agreement, and shall obtain written permission from the Department before Project property or materials are sold or transferred. Information, processes, results, and technologies developed under Agreement will be considered public information. 14. Nondiscrimination Recipient agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. U:\RECY\RPT\YB12408 (6/93) - 4 - 15. Recycled Paper Recipient agrees to use recycled paper, printed on both sides, for all reports which are prepared as a part of this Agreement. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. 16. Attorney Fees The prevailing party in any dispute arising from this Agreement shall be entitled to recover from the other its reasonable attorney's fees at trial and appeal. 17. Force Majeure Recipient shall not be held responsible for delay or default caused by fire, riot, acts of God and war which was beyond the Recipient's reasonable control. 18. Severabilit¥ If any provision of this Agreement shall be held invalid or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 19. Waiver The failure of the Department to enforce any provision of this Agreement shall not constitute a waiver by the Department of that or any other provision. 20. Oreqon Workers' Compensation Law The Recipient, its subcontractors, if any, and all employers providing work, labor or materials under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. U:\RECY\RPT\YB12408 (6/93) - 5 21. Mer~er Clause THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. RECIPIENT, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Siqnatures RECIPIENT SignatuF'e of Authorlzed Representative Name~and Title of RepreSentative ! Date STATE OF OREGON by and through its DEPARTMENT OF ENVIRONMENTAL QUALITY By Divisi6n Administrator ( · fie:i.e aTte' '-' Date U:\RECY\RPT\YB12408 (6/93) - 6