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Solid Waste Venture Grant 2000 SOLID WASTE VENTURE GRANT AGREEMENT This Agreement is entered into this 4th day of May 2000, by and between the CITY OF SALINA, KANSAS (the "City") and KENNETH M. REITZ d/b/a IMAGES RECYCLING (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$36,000, 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$36,000 toward the purchase of a 16' covered trailer with side entry doors and a rear ramp door. Also, a packer truck with a used cab and chassis and new body to be used in carrying out the program described in the Grant Application (the "Grant"). 2: Grant Funds Dispersal. The Grant shall be disbursed by the City upon presentation of invoices for either direct payment to the vendor or 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 69 percent and the percentage to be paid by the Grantee is 31 percent. [Example: When Grantee submits to the City for either direct payment or 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 69 percent of the total invoice, which equals $690.00, to either Grantee's vendor or 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, 2000. Any grant funds not disbursed by that date shall be subject to forfeiture, at the discretion of the City. • i 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. As a special provision of this grant agreement, the grantee agrees that the City staff will have authority to review the information on the purchase of the packer truck. If they determine that the vehicle is not of good value, grant funds for this purchase will be denied. 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 party. 9. Severability. The unenforceability, 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 2 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: Kenneth M. Reitz, Owner Images Recycling P.O. Box 773 Salina, KS 67402-0773 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. CITY OF SALINA, KANSAS A2_ Dennis M. Kissin , ity 131anager ATTEST: J ,44— : : •ara Weber, Acting City Clerk KE TH M. REITZ d/b/a ,,MAG:S RECYCLING ice■ A, Keane. M. Reitz 3