1g. Authorizations for staff to enter into a Professional Service AgreementCITY OF *
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: John Rask, Planner I
DATE: March 20, 1995
SUBJ: Authorization for staff to enter into a Professional Service Agreement
Staff is requesting City Council authorization
Carver County for the use of Environmental
composters for Chanhassen residents and to c
In 1995, the city's compost program subsidiz
the composting of 416.5 cubic yards of yard
triter into a grant service agreement with
vices grant funds to subsidize backyard
rateL,`, compost program.
the purchase of 75 backyard composters and
stes. For 1995, staff is promoting the
purchase of backyard composters through tte city's newsletter. In addition, we have been
supporting the efforts of Ceres, a composting firm, and the Landscape Arboretum to provide a
more permanent and convenient facifity,';i Ceres is interested in a site in Victoria on Rolling
Acres Road. If Ceres is able to open._this facility in time ;for spring yard wastes, then staff
would implement a program to subsidize Chanhassen residents' use of their facility. If Ceres
r :
is not able to open a composting facility, then staff would Freopen the Bandimere park site.
RECO
Staff
"The City Council authonzes'ataff to enter into a service agreement with Carver County to
use a $7,280.00 grant to subsidize § thy purchase of back yard cprnpc sters and operate a
compost site."
Attachments
1. Letter from Jane Schifsky to Kate Aanenson dated March 15, 1995
2. Professional Service Agreement
MEMORANDUM
CARVER
COUNTY
4 R ECE I VED
Office of
Environmental Services
Carver County Courthouse
600 East 4th Street, Box 19
Chaska, Minnesota 55318 -2158
March 15, 1995
Ms. Kate Aanenson
City of Chanhassen
690 Coulter Drive
Chanhassen MN 55317
Dear Ms. Aanenson:
"r F, 1991 (612) 361 -1800
(800) 535 -7570
# _.y �sr ;: fwiAvSE Fax (612) 361 -1581
Enclosed is the contractual agreement between Carver County
Environmental Services and the City of Chanhassen, for the solid waste
project/grant dispersal. This contract specifies the amount of the grant as
$7,280 for the City of Chanhassen.
This contract is scheduled to be approved by the Carver County Board of
Commissioners at the April 3, 1995, board meeting. Please have the
appropriate City official endorse this document and return it to me at the
address above, as soon as possible After the contract has been approved
and proof of expenditure is shown, we will disperse the funds.
If you have any questions please feel free to call me at 361 -1809.
Sinc erely,
f ,.
v ,
J��n e chifsky
Solid Waste Specialist
m jayWgrantcon.let
Affirmative Action/Equal Opportunity Employer
Printed on 10% Post- Consumer Recycled 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 (Provider).
' W I T N E S S E T H
WHEREAS, the County, through the Environmental Service Department
' wishes to distribute funds to the City of Chanhassen; and
WHEREAS, there are funds available to subsidize backyard compost
' bins and the operation of a compost site; and
WHEREAS, the Provider warrants and represents that they are
' qualified providers.
NOW, THEREFORE in consideration of the mutual undertakings and
agreements hereinafter set forth, the County, through the Depart-
' ment, and the Provider agree as follows:
1. TERM AND COST OF THE AGREEMENT
The provider agrees to furnish City residents the services and
supply the County documentation verifying expenditures by
December 31, 1995. The scope of services to be provided include:
- Subsidizing the purchase of backyard compost bins.
Operation of a compost site.
' The Provider 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 $7,280.00.
' 2. INDEPENDENT CONTRACTOR
The Provider is an Independent Contractor.
' Nothing contained in this Agreement is intended or should be con-
strued as creating the relationship of co- partners or joint ven-
t turers 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 Contractor or employees of the Contractor perform-
ing services under this Agreement.
' 3. DATA PRACTICES
All data collected, created received, maintained or disseminated
for any purposes by the activities of the Provider because of
' this contact is governed by the Minnesota Government Data Prac-
tices 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
The Provider 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 neces-
sary, shall have access to and the right to examine, audit, ex-
cerpt and transcribe any books, documents, papers, records, etc.,
which are pertinent to the accounting practices and procedures of
the Provider 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 Provider 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 Provider'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. INDEMNIFICATION
The Provider 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
Provider's performance or failure to adequately perform its
obligations pursuant to this contract.
9. SUBCONTRACTING AND ASSIGNMENT
Provider 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 Provider shall be responsible for
the performance of all Subcontractors.
10. NONDISCRIMINATION
During the performance of this agreement, the Provider 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 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.
Appro ed as o form.
ss stant C my Attorney
I PROVIDER
Dated
COUNTY OF CARVER
STATE OF MINNESOTA
Chairman, County Board
County Administrator
Dated