1d. Authorize Execution of 1997 Carver County Community Grant Program Agreement for Solid Waste Abatement.CITY OF �-
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
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FROM: Kate Aanenson, AICP, Planning Director Da:e : , ; j to c ^- nissior
DATE: April 8, 1997 .�
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SUBJ: Solid Waste Abatement Project
Please find attached the Service Agreement between the City of Chanhassen and Carver County
regarding solid waste abatement. The contract specifies the amount and the terms and the
conditions which the city must comply. This joint powers agreement pays for the operation of
the compost site, subsidizes the use of yard waste at the recycling center, and the development of
a recycling brochure. The amount of the agreement is $9,346.67.
Office of
Environmental Services
Carver County Government Center
CARVER 600 East Fourth Street
COUNTY Chaska, Minnesota 55318 -2158
March 18, 1997
Ms. Jill Sinclair
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen MN 55317
Dear Ms. Sinclair:
(612) 361 -18(
(800) 535 -75
Fax (612) 361 -15f
I am pleased to announce that we have agreed to your request for the 1997 Carver County
Community Grant Program. Enclosed is the contractual agreement between Carver County and
the City of Chanhassen for the solid waste abatement project. This contract specifies the grant
amount and the terms and conditions with which the City of Chanhassen must comply.
Please have the appropriate official endorse this document and return it to me at the address
listed above, no later than April 18, 1997. This contact is scheduled to be approved by the Carver
County Board of Commissioners at the April 29, 1997 Board meeting. After the contract has
been approved and proof of expenditures is shown, we may begin to disperse the grant funds. I
do request that you submit receipts and invoices on a timely manner; this will enable our
department to administer the program efficiently.
If you have any questions please feel free to call me at 361 -1806.
Sincerely,
Marcus Zbinde
Solid Waste Specialist
A(firmatii e A( no&Elual Opportunity Employer
Printed on 10 Port- Consumer Rec)'cled Paper
PERSONAL/PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT IS made and entered into by and between the COUNTY OF CARVER,
STATE OF MINNESOTA (County), and the City of Chanhassen (City).
WITNESSETH
WHEREAS, the County, through the Environmental Service Department wishes to distribute
funds to the City of Chanhassen; and
WHEREAS, there are funds available for the operation of a compost site, subsidize residents
usage of yard waste site at the Recycling Center and develop a recycling brochure; and
WHEREAS, the City warrants and represents that they are qualified providers.
NOW, THEREFORE in consideration of the mutual undertakings and agreements hereinafter set
forth, the County, and the City agree as follows:
1. TERM AND COST OF THE AGREEMENT
The City agrees to furnish residents the services and supply the County documentation verifying
expenditures by December 31, 1997. The scope of services to be provided include:
- Subsidize the use of the yard waste site at the recycling center.
- Operation of a compost site.
- Develop a recycling brochure.
The City shall be paid by Auditor's Warrant upon approval of the claim by the Environmental
Services Department as follows: not to exceed a total of $9,346.67.
The City agrees to manage all materials collected during clean -up events and at compost and
brush sites in accordance with all State and County regulations. If the City deviates from the
approved management method, grant funds offered in this agreement may be forfeited.
2. INDEPENDENT SERVICE
Nothing contained in this Agreement is intended or should be construed as creating the
relationship of co- partners or j oint venturers within the County or the Department. No tenure or
any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical
care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County
employees, shall accrue to the City or employees of the City performing services under this
Agreement.
3. DATA PRACTICES
All data collected, created received, maintained or disseminated for any purposes by the activities
of the City because of this contact is governed by the Minnesota Government Data Practices
Act, Minnesota Statutes 1984, Sections 13.01 through 13.87, as amended by the Laws of
Minnesota 1985, Chapters 293 and 298, the Minnesota Rules implementing such Act now in
force or hereafter adopted, as well as Federal regulations on data privacy.
4. RECORDS - AVAILABILITY
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The City agrees that the County, State Auditor, or any of their duly authorized representatives at
any time during normal business hours and as often as they may reasonably deem necessary,
shall have access to and the right to examine, audit, excerpt and transcribe any books,
documents, papers, records, etc., which are pertinent to the accounting practices and procedures
of the City and involve transactions relating to this Agreement.
5. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof. All items referred to in this Agreement are incorporated or attached
and are deemed to be part of this Agreement.
Any material alterations, variations, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to this Agreement
and signed by the parties hereto.
6. DEFAULT AND CANCELLATION
If the City fails to perform any of the provisions of this Agreement or so fails to administer the
work as to endanger the performance of the Agreement, this shall constitute a default. Unless the
City's default is excused, by the County, through the Department, may upon written notice
immediately cancel the Agreement in its entirety.
This Agreement may be canceled with or without cause by either party upon ten days written
notice.
7. OWNERSHIP
Upon completion of all work, the County shall be the sole owner of all accompanying
documents.
8. INDEM NIFICATION
The City agrees it will defend, indemnify and hold harmless the County, its officers and
employees against any and all liability, loss, costs, attorneys fees, damages and expenses which
the County, its officers or employees may hereafter sustain, incur, or be required to pay arising
out of the City's performance or failure to adequately perform its obligations pursuant to this
contract.
9. SUBCONTRACTING AND ASSIGNMENT
City shall not enter into any subcontract for performance of any services contemplated under this
Contract nor assign any interest in the Contract without the prior written approval of the County
and subject to such conditions and provisions as the County may deem necessary. The City shall
be responsible for the performance of all Subcontractors.
10. NONDISCRIMINATION
During the performance of this agreement, the City agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, disability,
marital status, public assistance status, criminal record, creed, or national origin
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be excluded from full employment rights in, participation in, be denied the
benefits of or be otherwise subjected to discrimination under any and all
applicable Federal and State laws against discrimination.
Approved as to form.
As 'stant Cou Attorney
City Administrator
Dated
COUNTY OF CARVER
STATE OF MINNESOTA
Chairman, County Board
County Administrator
Dated
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