1l. CC recycling bin grant CITY CF / ,;2 .
4,1 CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
1 MEMORANDUM
TO: Don Ashworth, City Manager /0• 3zt
FROM: Jo Ann Olsen, Senior Planner
DATE: October 1, 1990
ISUBJ: Accept Recycling Bin Grant From Carver County
1 Attached is a grant from Carver County to cover the cost of
recycling bins up to $5. 50 a piece for 1 bin per household from
single family residences up to quad units. The City Council must
accept the grant for it to be issued by Carver County. The grant
1 will be for 3,800 households at $5.50 a piece for a total of
$20, 900. This is funding which we have been anxiously awaiting
from Carver County.
1 RECOMMENDATION
The City Council accepts the Recycling Bin Grant from Carver
County.
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CONTRACTUAL AGREEMENT
RECYCLING GRANT PROGRAM
THIS AGREEMENT made and entered into between the COUNTY OF
CARVER, State of Minnesota, by and through the Carver County
' Board of Commissioners, hereinafter referred to as the "COUNTY" ,
and the CITY OF CHANHASSEN, a Minnesota municipal corporation,
hereinafter referred to as the "MUNICIPALITY".
' WITNESSETH
' WHEREAS , the County desires to encourage and support
landfill abatement programs to reduce the County's reliance on
solid waste landfills;
' WHEREAS, the County has received and budgeted funds for the
purpose of promoting and implementing landfill abatement
' programs;
WHEREAS, the City of Chanhassen has sponsored and encouraged
the operation of a curbside pick-up recycling program
' (hereinafter "Recycling Program" ) ;
WHEREAS, the County recognizes the Recycling Program as an
efficient means of landfill abatement;
NOW, THEREFORE, in consideration of the mutual covenants and
' promises contained in this Agreement, the parties mutually agree
to the following terms and conditions:
' 1 . PURPOSE
The purpose of this Agreement is to provide for cooperation
' between the County and the Municipality to initiate and
maintain the Recycling Program, through the purchase of
residential recycling bins for curbside recycling par-
ticipants.
2. TERM
' The term of this Agreement is from January 1,1990 to Decem-
ber 31, 1990.
' 3 . PROGRAM
The Municipality shall use the grant funds provided by this
Agreement to initiate and maintain the Recycling Program as
' set forth in Exhibit A, entitled Eligible Expenses, which is
made a part of this Agreement. Funds not used as set forth
in Exhibit A must be returned to the County within thirty
' days of the termination of this contract unless written
County approval of alternate terms is obtained by the
Municipality within those same thirty days.
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4. REPORTING
a. The Municipality shall submit to the County a financial
report on the use of grant funds received during the
previous year in which monies were granted and accepted
by the Municipality. The financial report shall be due
April 1 , 1991.
b. The Municipality shall submit to the County an account- L
ing of the amount of waste which has been diverted from
landfills by the Recycling Program. Documentation shall
be provided showing the number of tons of each recycl-
able
material which has been collected and the number
of tons of each recyclable material which has been
marketed. The report shall be due April 1, 1991.
c. The Municipality agrees to furnish the County informa-
tion regarding any revenue received from sources other
than the County for landfill abatement activities set
forth in Exhibit A. The report shall be due April 1,
1991.
d. The Municipality agrees to furnish the County with ad-
ditional reports in form and at frequencies requested
by the County for financial evaluation and program
management purposes.
5. PAYMENT PROCEDURE
The County shall provide the Municipality with a lump sum '
grant within 30 days of execution of this Agreement. Only
those activities which are identified in this Agreement
shall be eligible for funding under this Agreement.
6. AVAILABILITY OF FUNDS
a. Notwithstanding any provision of this Agreement to the
contrary, the maximum amount that the County will grant
to the Municipality under this Agreement shall be
$ 20,900.00. The money for this grant is funded through
the Metropolitan Council's landfill surcharge funds
and Metropolitan Council local recycling development
grants.
b. The County makes no commitment to fund future landfill
abatement programs and assumes no liability for payment
of any money from the County's general fund except for
payment of grant funds to the Municipality as provided
herein. '
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7 . RECORDS
The Municipality shall maintain financial and other records
and accounts in accordance with requirements of the County
and the State of Minnesota. The Municipality shall maintain
' strict accountability of all funds and maintain records of
all receipts and disbursements. Such records and accounts
shall be maintained in a form which will permit the tracing
of funds and program income to final expenditure. The
Municipality shall maintain records sufficient to reflect
that all funds received under this Agreement were expended
in accordance with Minn. Stat. SS 115A. 919 for landfill
abatement purposes. All records and accounts shall be
retained as provided by law, but in no event for a period of
less than three years from the last receipt of payment from
' the County pursuant to this Agreement.
8 . AUDIT
' Pursuant to Minn. Stat. 16B.06 , Subd. 4 , the Municipality
shall allow the County or other persons or agencies
authorized by the County and the State of Minnesota, includ-
ing the Legislative Auditor or the State Auditor, access to
the records of the Municipality at reasonable hours, includ-
ing all books, records , documents, and accounting procedures
' and practices of the Municipality relevant to the subject
matter of the Agreement, for purposes of audit. In addi-
tion, the County shall have access to the project site(s) ,
if any, at reasonable hours.
9. COMPLIANCE WITH REQUIREMENTS OF LAW
' In performing the provisions of this Agreement, both parties
agree to comply with all applicable federal , state or local
laws , ordinances , rules, regulations or standards estab-
lished by any agency or special governmental unit which are
now or hereafter promulgated insofar as they relate to per-
formance of the provisions of this Agreement.
1 10 . AFFIRMATIVE ACTION
No person shall illegally, on the grounds of race, creed,
' color, religion, sex, marital status , public assistance
status, sexual preference, handicap, age or national origin,
be excluded from full employment rights in, participation
' in, be denied the benefits of , or be otherwise subjected to
unlawful discrimination under any program, service or ac-
tivity, hereunder.
' 11 . INDEMNIFICATION
Both parties mutually agree to indemnify and hold each other
' harmless from all claims, demands , and causes of action of
any kind or character, including the cost of defense
thereof , resulting from the acts or omissions of their
respective commissioners, officers, agents, and employees
relating to activities conducted under this Agreement.
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12 . ASSIGNMENT AND SUBCONTRACTING
The Municipality shall be responsible for the performance of I
all subcontracts and shall ensure that the subcontractors
perform fully the terms of the subcontract. The Agreement
between the Municipality and a subcontractor shall obligate
the subcontractor to comply fully with the terms of this
Agreement.
13. ENTIRE AGREEMENT
It is understood and agreed that the entire Agreement is
contained herein and that this Agreement supersedes all oral
and written agreements and negotiations between the parties
relating to the subject matter hereof.
14 . AMENDMENTS
Any amendments , alterations, variations , modifications, or
waivers of this Agreement shall be valid only when they have
been reduced to writing, duly signed by the parties.
15. CONTRACTS AND PURCHASES '
Contracts let and purchases made under this Agreement shall
be made by the Municipality in conformance with all ap-
plicable laws, rules, and regulations.
16 . TERMINATION ,
This Agreement shall terminate under the following cir-
cumstances:
a. By mutual written agreement of the parties;
b. By either party, with or without cause, giving not less
than thirty (30) days written notice, delivered by mail
or in person to the other party, specifying the date of
termination;
c. This Agreement shall automatically terminate without
notice on December 31, 1990, except for reporting
requirements listed in paragraph 4.
17 . PROPERTY DISTRIBUTION
If this Agreement is terminated pursuant to paragraph 16, ,
assets acquired in whole or in part with funds provided un-
der this Agreement shall be the property of the Municipality
so long as said assets are used by the Municipality for the
purpose of a landfill abatement program approved by the
County. In the event the Municipality discontinues use of
the assets for said landfill abatement purposes, said assets
shall , at the County's discretion, either be returned to the
County or sold and the net proceeds of the- liquidation
returned to the County.
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11 18. ,SEVE LABILITY
The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase
of this Agreement is for any reason held to be contrary to
law, such decision shall not affect the remaining portion of
1 this Agreement.
IN WITNESS WHEREOF, the parties hereunto set their hands as
of the dates written below:
COUNTY OF CARVER CITY OF CHANHASSEN
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By: BY:
Earl F. Gnan
Carver County Board of
Commissioners Name:
1 Title:
ATTEST: Date:
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Richard J. Stolz
1 County Administrator By:
Date: Name:
Title:
1 Date:
Approved as to form:
As Carver County Attorn Approved as to form and
legality:
1 By:
Name:
1 Title:
1 Date:
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