Venture Grant Agreement - 2007SOLID WASTE VENTURE GRANT AGREEMENT
This Agreement is entered into this -4 day of December 2007, by and between the CITY
OF SALINA, KANSAS (the "City ") and SALINA WASTE SYSTEMS, INC. (the "Grantee ").
Recitals
A. As a part of the adoption of the Saline County Solid Waste Management Plan, waste
reduction and/or diversion were established as goals.
B. In order to fund efforts to meet those goals, in 1996 the City designated a $1.00 per
ton increase in tipping fees at the Salina Landfill.
C. The Saline County Solid Waste Management Plan identified use of the designated
tipping fees for a "Venture Grant" program as a strategy to achieve the plan goals. By Resolution
No. 98 -5238, on February 2, 1998, the City Commission established the grant program.
D. Based upon the Grantee's application as submitted (the "Grant Application ") and the
recommendation of the Solid Waste Management Committee, the City Commission has awarded to
the Grantee a grant in the amount not to exceed $37,268.66, subject to the terms and conditions of
this Agreement.
THE PARTIES therefore covenant and agree:
1. Grant Award. Grantee has qualified for a grant in an amount not to exceed the sum of
$37,268.66 toward the cost of purchasing up to (25) 8 yard, (16) 6 yard, and (12) 4 yard frontload
corrugated recycling containers. The specific program cost details are outlined within the Grant
Application (the "Grant ").
2. Grant Funds Dispersal. The Grant shall be disbursed by the City upon presentation of
invoices for approved reimbursement of the Grantee. For any invoice presented and approved by the
City, the City shall disburse grant funds in an amount based upon the same percentage of the total
invoice as the percentage of the Grant in relation to the Grantee's total project cost as described in
the Grant Application. The City and the Grantee acknowledge that in the case of Grantee's project
the percentage to be paid by the City is 75 percent and the percentage to be paid by the Grantee is 25
percent. [Example: When Grantee submits to the City for reimbursement an invoice for a program
purchase as described in the Grant application and approved by the City in the amount of $1,000, the
City agrees to pay 75 percent of the total invoice, which equals $750.00, to Grantee upon proof that
Grantee has paid the invoice in full.]
3. Disbursement Deadline. The Grant funds must be disbursed as provided in paragraph
2 prior to December 31, 2008. Any grant funds not disbursed by that date shall be subject to
forfeiture, at the discretion of the City.
4. Use of Equipment -- Inspection. The Grantee covenants that any equipment purchased
in part with grant proceeds shall be placed in service promptly following delivery and shall remain in
service in a manner consistent with program described in the Grant Application. The Grantee agrees
to obtain prior approval from the Grantor before any capital equipment purchased with funds from
this grant is sold, transferred or otherwise disposed of by the Grantee. Grantee agrees that any
proceeds from the sale, transfer or other disposal of capital equipment purchased with funds from
this grant will be, at the option of the Grantor, either returned to the Grantor or utilized by Grantee
for other expenses related to solid waste management. No approval will be necessary if the sale,
transfer or other disposal occurs more than five years after the termination of this contract. Failure to
fulfill this covenant regarding use of any such equipment item shall obligate the Grantee to reimburse
to the City the grant funds used to purchase the specific equipment item within 30 days following
discontinuation of use of the equipment item. The Grantee hereby authorizes city representatives to
inspect its operations during regular business hours in order to verify ongoing use of any equipment
purchased in part with grant proceeds.
5. Program Reporting. The Grantee agrees that it shall provide the City with at least one
interim and one final report, along with any other interim reports required by the City, describing
program progress consistent with the Grant Application. Any specific matters to be addressed in the
reports and any applicable reporting deadlines shall be as directed by the City over the course of
implementation of the Grant.
6. Termination of Grant. The Grant may be canceled by the City at any time if the City
determines (a) there has been no substantial performance of the program described in the Grant
Application, (b) there is evidence of fraud, abuse, or mishandling of grant proceeds, or (c) that any
other basis exists for determining that the public interest is not being served by continuing the Grant.
7. Feminine - Masculine, Singular - Plural. Wherever used, singular shall include the
plural, plural the singular, and use of any gender shall include all genders.
8. Kansas Law Applies. This Agreement and its validity, construction and performance
shall be governed by the laws of Kansas. This Agreement shall be interpreted according to its fair
meaning, and not in favor of or against any parry.
9. Severability. The unenforceabiliry, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
10. Time. Time is of the essence of this Agreement. No extension will be granted unless
in writing and signed by the parties. Should the end of a time period fall on a legal holiday that
termination time shall extend to 5:00 p.m. of the next full business day.
11. Persons Bound - Copies. This Agreement shall extend to and bind the heirs, executors,
administrators, trustees, successors and assigns of the parties hereto, and may be executed in any
number of counterparts, each of which shall be deemed an original, or in multiple originals, and all
such counterparts or originals shall for all purposes constitute one agreement.
12. Notices. All notices and demands shall be given in writing either by personal service
or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be
considered given when received on date appearing on the return receipt, but if the receipt is not
returned within five (5) days, then forty -eight (48) hours after deposit in the mail. Notices shall be
addressed as appears below for each party, provided that if any party gives notice of a change of
name or address, notices to the giver of that notice shall thereafter be given as demanded in that
notice.
CITY: City Clerk
P.O. Box 736
Salina, KS 67402 -0736
GRANTEE: Jeff Fawcett
District Manager
Salina Waste Systems, Inc.
1848 Summers Road
Salina, KS 67401
13. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions
inserted or attached shall supersede all conflicting printed provisions.
14. Merger Clause. These terms are intended by the parties as a complete, conclusive and
final expression of all the conditions of their Agreement. No other promises, statements, warranties,
agreements or understandings, oral or written, made before or at the signing thereof, shall be binding
unless in writing and signed by all parties and attached hereto. Any amendment to this Agreement,
including an oral modification supported by new consideration, must be reduced to writing and
signed by both parties before it will be effective.
EXECUTED by the duly authorized officials of the respective parties hereto the day and year
written above.
ATTES
Lieu Ann Elsey, City Clerk
CITY OF SALINA, KANSAS
J son A. Gage, City ager
SALINA WASTE SYSTEMS, INC.
Jeff Awe , District Manager
DEPARTMENT OF PUBLIC WORKS
Michael Fraser, Director of Public Works
Daniel Stack, P.E., City Engineer
Jim Teutsch, Operations Manager
300 West Ash P.O. Box 736
Salina, Kansas 67402 -0736
October 31, 2008
Jeff Fawcett
District Manager
Salina Waste Systems, Inc.
1848 Summers Road
Salina, KS 67401
Dear Jeff,
Ckyof TELEPHONE • (785) 309 -5725
FAX • (785) 309 -5713
• (785) 309 -5747
E-MAIL: mi ke.fraser(2salina.ore
dan. stack@salina. orR
jim.tewwsaali alina.ory
WEBSITE www.salina- ks.eov
This letter is a follow -up on the status of a 2007 Solid Waste Venture Grant Agreement, which was
awarded to Salina Waste Systems, Inc. (Grantee) on December 13, 2007. As outlined in the Agreement,
Salina Waste System, Inc. was awarded funding not to exceed $37,268.66 to purchase up to 25 each 8
yard, 16 each 6 yard, and 12 each 4 yard frontload corrugated recycling containers. The percentage of
the purchase to be paid by the City was awarded at 75 %, with the remainder to be paid by the Grantee.
In addition, the Agreement states that Salina Waste Systems, Inc. shall provide the City with at least one
interim and one final report describing program progress consistent with the Grant Application no later
than December 16, 2008. The interim report can be in letter form and should provide a basic synopsis of
the program's current status, any action taken to date, and your plans for completing the Grant by the
above - mentioned deadline., If you have decided not to purchase these containers or this program has
been delayed due to unforeseen circumstances, that information would also be most helpful.
As of today, we have not received any invoice(s) regarding this Venture Grant from Salina Waste
Systems, Inc. or an interim report. According to the Agreement, the Grant funds for the 2007 Solid
Waste Venture Grant must be disbursed by the City upon presentation of invoices for approved
reimbursement prior to December 31, 2008. Any funds not disbursed by that date shall be subject to
forfeiture, at the discretion of the City.
With two months remaining in this calendar year, is there anything that I can do to assist you and your
company to fulfill the expectations of the Grant? If I can answer any questions or provide you with
assistance, please let me know. I can be reached at the General Services office at 309 -5750.
Regards,
amesch
Operations Manager
Xc: Mike Fraser, Director of Public Works
Lieu Ann Elsey, City Clerk
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