14a. Recycling, Contract with Carver Cty ,. ,
14 A
ICITY OF ..........................
1 9 : CHANHASSEN
\ , ,, ,A
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
Action by City Administrator
MEMORANDUM Endorsed ✓ .41 ."
Modified
TO: Don Ashworth, City Manager Rejected __.--
Date
1l _�!Lj
IFROM: Jo Ann Olsen, Asst. City Planner Date Submir#.-d to (;,,r e;si:n
DATE: June 24, 1988 — ---
ISUBJ: Recycling Contract with Carver County ---c/4 7 le-to
I Attached is a copy of the contract between Chanhassen and Carver
County for the funding of the recycling drop off center. At the
most, the dropoff center will cost $8 ,600 ( $9 ,000 if promotional
tools are implemented [raffles, etc. ] ) (Attachment #1) .
ICarver County has stated that they could fund the recycling
center for 1988, but that the funds available to Carver County in
I 1989 may be less. Therefore, Carver County cannot guarantee
total funding for the dropoff center in 1989. Mike Lien from
Carver County will attend the Council meeting to receive input
from the City Council. Mike Lien needs to know if the City
I Council is in support of the dropoff center and would be willing
to help support the center financially in 1989.
I As reviewed in another memo on this agenda, the city hopes to
pursue curbside pickup of recyclables and initiate service
beginning January, 1990. Therefore, the Council would have to
Iparticipate in the funding of the drop off center for only 1989 .
RECOMMENDATION
I ' The City Council should decide whether they are in support of
the dropoff center and would be willing to participate in the
funding of the project in 1989.
I
I
I
I
•T
r
I
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 , 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 drop-off site recycling program ( hereinafter.
Recycling Program) ;
WHEREAS , the County recognizes the Recycling Program as an
efficient means of landfill abatement ; 1
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.
4 II
2 . TERM
The term of this Agreement is from January 1 , 1988 to Decem-
ber 31 , 1988 . '
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 .
4 . REPORTING
a. The Municipality shall , on an annual basis , submit to
the County a financial report on the use of grant
funds . The first financial report shall be due within
30 days of December 31 , 1988 .
b. The Municipality shall , on a semi-annual basis , submit
' to the County an accounting 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 recyclable material which has
been collected and the number of tons of each recycl-
able material which has been marketed . The first
report shall be due within 30 days after December 31 ,
' 1988 .
c . The Municipality agrees to furnish the County, on a
' semi-annual basis , information regarding any revenue
received from sources other than the County for
landfill abatement activities set forth in Exhibit A.
The first report shall be due within 30 days after
December 31 , 1988 .
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 .
' 3 . 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 Exhibit A 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
. The money for this grant is funded through
the Metropolitan Council ' s landfill surcharge funds
' and Metropolitan Council local recycling development
grants .
' h. 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 .
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 croject sites ) ,
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 .
10 . -AFFIRMATIVE ACTIN I
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 .
•
1
11
12 . ASSIGNMENT AND SUBCONTRACTING
' The Municipality shall be responsible for the performance of
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
i 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 \greement 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
circumstances :
' 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 , 1988 .
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 o C -i landfill abatement program approved by the
County.
' In the event the Iuiiicipality 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.
1
18 . SEVERABILITY
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
this Agreement . '
IN WITNESS WHEREOF, the parties hereunto set their hands as
of the dates written below:
COUNTY OF CARVER CITY OF CHANHASSEN
By: By:
Earl F . Gnan
{ Carver County Board of
Commissioners Name :
Title :
ATTEST: Date :
County J . Stolz -- -- ,
County Administrator Bv:
Date : — Name : —N
Title :
Date :
Approved as to form :
Asst Carver County Attorney Approved as to form and legality:
By: —
Name :
Title :
Date:
1
CHANHASSEN RECYCLING CENTER 1988 BUDGET
1 . Cost of Each Pickup p er Recycling Day (14 days)
)
I $200 for each emptying of aluminum/bi-metal, glass and
newspaper bin
I $2,800
$50 for each emptying of each (2) yard waste container
I $1,400
2 . $75 for each volunteer group
I $1,050
I3 . $750 for mass mailing
4 . $50 for newspaper advertising
I5 . $40/month for satellite
$240
IPotential Additional Costs
IAdvertising
T-shirts/promotional items
I $200/time add plastic/colored glass
$2,400
I $8,690 - $9,000 Budget
I
I
I
I
I
I