Solid Waste Venture Grant
SOLID WASTE VENTURE GRANT AGREEMENT
This Agreement is entered into this,.2../ day of September 2001, by and between the CITY
OF SALINA, KANSAS (the "City") and SOUTH HIGH SCHOOL T.R.E.E.S. ORGANIZATION
(TOGETHER RECYCLING EARTH'S ECOSYSTEM SCHOLASTICALLY) (the "Grantee").
Recitals
A. As a part ofthe adoption ofthe 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 ofthe Solid Waste Management Committee, the City Commission has awarded to
the Grantee a grant in the amount not to exceed $546, 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 $546 toward the purchase of 76 Desk Side and 10 Station Recycling Containers for use in South
High Classrooms to be used in carrying out the program described in the Grant Application (the
"Grant").
2. Grant Funds Dispersal. The Grant shall be disbursed by the City upon presentation
of invoices for either direct payment to the vendor or reimbursement of the Grantee. For any invoice
presented and approved by the City, the City shall disburse grant funds in an amount based upon the
same percentage ofthe total invoice as the percentage of the Grant in relation to the Grantee's total
project cost as described in the Grant Application. The City and the Grantee acknowledge that in
the case of Grantee's project the percentage to be paid by the City if75 percent and the percentage
to be paid by the Grantee is 25 percent. [Example: When Grantee submits to the City for either
direct payment or reimbursement an invoice for a program purchase as described in the Grant
application and approved by the City in the amount of$l,OOO, the City agrees to pay 75 percent of
the total invoice, which equals $750.00, 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 June 30, 2002. Any grant funds not disbursed by that date shall be subject to forfeiture,
at the discretion of the City.
4. Use ofEquipment--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 ofthe 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 ifthe 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 ofthe 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
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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: Shelby Umscheid
730 Magnolia
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 ofthe respective parties hereto the day and year
written above.
CITY OF SALINA, KANSAS
ATTEST:
~~~
Lieu Ann Nicola, City Clerk
SOUTH HIGH T.R.E.E.S.
.I
~~
Shelby Umscheid
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