3g. Lease Agreement with Carver County for Winter Storage of Hazardous Waste Material at Public Works Bldg.CITY OF �'
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Actim 6y City A(fthitstt m
TO: Don Ashworth, City Manager
rl Fol h Director of Public Works/City En ineerc -
FROM. Charles c , ty g
DATE: January 3, 1995
✓�W iC
Mod _
R Itelett
_ S
Date Subriiteti to r't - zissiaR
Data rtii,rn,i(Nd ft, GZ
I - 9-95'
SUBJ: Approve Lease Agreement with Carver County for Winter Storage of Household
Hazardous Waste Material at Chanhassen's Public Works Building - PW349 ,
Attached you will find a lease agreement 1
temporary winter storage of household 1
building at the Chanhassen Public Works
County representatives regarding the possi
waste in a small area of the auxillary
e City of Chanhassen and Carver County for
u aste material inside the auxillary storage
ty. is past fall, staff was contacted by Carver
of to ; orarily storing some household hazardous
, e bui 'ng at Public Works. Apparently, the
Hazardous Household Waste progr/heen so su ssful during the warm weather months
that the County desires to keep a mperation op during the winter on an appointment -
only basis. The County is not planchedule any y -long drop off programs during the
wintertime, only specific appointm ld be arrange
City staff consisting of Public rks personnel, Building artment, and the fire marshal have
' met with Carver County s . nd find the proposed tempora operation acceptable. In exchange
for the temporary a Public Works auxillary buildin pace, the County has agreed to a
lease amount of $ 1994 through April 30, 1995.
' c: Dave Hempel, Assistant City Engineer
Harold Brose, Shop Superintendent
Mark Littfin, Fire Marshal
' Leslie Loeffler, Carver County
g Aenglcharlesk6storag e
MEMORANDUM
PUBLIC WORKS MAIN BUILDING
y
e
CARVER COUNTY /CITY OF CHANHASSEN
HHW PILOT STORAGE SITE LAYOUT
draft date - 10/6/94
Bay Door
Fenced Gate
H2O
N
W-`
S
participant
parking Bay Door
Location oft
spill control, fire exting.,
eye wash, safety conting. plan, Flammables drain
operations manual . floor system
Product Reuse Are
Shelving storage f Curbing
corrosives, oxi er
etc. F�amma$le
iqui s O i
Latex Paint oo
O
Oil Pain Q
O
PUBLIV WORKS BAYS
Cl
LEASE
' THIS LEASE made and entered into this day of ,
1994, between the CITY OF CHANHASSEN, a municipal corporation
' ( "Landlord "), and CARVER COUNTY ( "Tenant ").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE
AS FOLLOWS:
' 1. SUBJECT AND CONDITIONS. Landlord leases a Public Works
Bay at the Public Works auxiliary storage building located at 1591
' park Road, Chanhassen, MN 55317, to Tenant for Tenant's use as
follows:
' A. For temporary storage of certain household hazardous
waste as set forth herein.
B. The site shall be staffed by trained Carver County
' Environmental Services Department members or their agents
and shall fall under a contract of operation already in
place with the Minnesota Pollution Control Agency, copy
' attached and referenced as Exhibit "A ".
C. Tenant is responsible for posting warning signs ( "no
smoking ", authorized personnel only ", etc.) in
' appropriate places and as may be required by law.
D. Tenant shall orally inform the Landlord immediately
' upon the event that any spill or release of hazardous
waste occurs on or near the premises. Tenant shall
subsequently inform the Chanhassen City Manager and the
' Chanhassen City Engineer in writing within two days of
the spill or release.
E. Tenant shall develop an emergency response plan
including a spill response plan and provide Landlord a
copy.
' F. Tenant shall be entitled to store only household
hazardous wastes in the premises as defined in the
Minnesota Pollution Control Agency Contract with Tenant
and as referenced in Minn. Stat. S 115A.96 and Pollution
Control Agency Hazardous Waste Rules Part 7045.0310.
Examples of hazardous categories and wastes are as
follows: Corrosives (battery acids, oven cleaners);
' Flammable Gas (aerosols); Flammable Liquids (gasoline,
paint thinners); Flammable Solids (calcium carbide,
sodium metal); Organic Peroxides (fiberglass hardener);
ORM -A (DDT, carbon tetrachloride, degreasers) ; Oxidizers
(ammonium nitrate, wood bleach); Poison B (arsenic,
strychnine). A breakdown of quantities of wastes stored
is anticipated to be 100 gallons of oil paint, 150
' gallons of latex paint and 50 gallons (or 500 pounds) of
all other wastes.
7
G. The categories of products stored in the product ,
reuse area will generally be the same as the wastes and
will be the same as those items commonly found in the '
local hardware store.
2. TERM AND RENT. '
A. Landlord rents the premises for a term of six months,
commencing November 1, 1994, and terminating on April 30,
1995, or sooner as provided in this lease agreement.
B. Tenant shall pay Landlord $1,500.00 in advance for
rent. '
C. Upon termination of this lease, Tenant shall remove
all of the household hazardous waste it is storing on or
about the premises, including all storage containers.
3. ALTERATIONS, ADDITIONS AND IMPROVEMENTS. Tenant shall
make no alterations, additions, or improvements to the premises
without Landlord's prior written permission.
4. REPAIRS. Tenant shall, at all times during the term of '
this lease agreement and at its own cost and expense, repair,
replace, and maintain in a good, safe, and substantial condition,
any improvements, additions, and alterations to such buildings, on
the premises, and shall use all reasonable precaution to prevent '
waste, damage, or injury to the premises.
5. UTILITIES. All applications and connections for necessary
utility services on the premises shall be made in the name of
'
Landlord only. Landlord shall be solely liable for utility charges
as they become due, including, but not limited to, those for sewer,
water, gas, electricity. However, Tenant shall be responsible for
any telephone charges, should Tenant install a telephone.
6. INSURANCE AND PERMITS.
A. During the term of this lease agreement and for any
further time that Tenant shall hold the premises, Tenant
shall obtain and maintain at Tenant's expense:
,
Personal injury and property damage insurance. Insurance
against liablity for bodily injury, death, and property
damage and machinery insurance shall be provided by
Tenant as follows:
a.
'
. $200,000 when the claim is for death by
wrongful act or omission and $600,000 to any
claimant in any other case.
b. Landlord shall be named as an additional
insured on the policy, and Tenant shall file with
,
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the Landlord a certificate evidencing coverage.
' The certificate shall provide that the Landlord
must be given ten'(10) days advance written notice
of the cancellation of the insurance.
n
I
B. Tenant is responsible for obtaining all permits and
licenses required to operate the storage facility in
accordance with the law.
7. INDEMNITY. Tenant shall indemnify Landlord against any
and all expenses, liabilities, and claims of every kind, including
reasonable counsel fees, by or on behalf of any person or entity
arising out of either (1) a failures by Tenant to perform any of the
terms or conditions of this lease agreement, (2) any injury or
damage happening on or about the premises caused by Tenant. (3)
failure to comply with any law or any governmental authority, (4)
any mechanic's lien or security interest filed against the premises
or equipment, materials, or alterations of buildings or
improvements on the premises as a result of tenant's activities, or
(5) any spills, releases, emissions, etc., and the clean up costs
associated therewith.
8. ACCESS TO PREMISES. Tenant shall be in exclusive control
and possession of the portion of the premises allotted to it.
Tenant shall permit Landlord or its agents to enter the premises at
all reasonable.hours to inspect the premises or make repairs, at
Tenant's expense, that Tenant may neglect or refuse to make in
accordance with the provisions of this lease agreement. If
Landlord orders reasonable testing of the premises or surrounding
areas, Tenant shall reimburse Landlord for reasonable costs and
expenses associated therewith.
9. REPRESENTATIONS BY LANDLORD. Landlord warrants that
premises are in good repair, mechanical systems function properly,
and building is suitable for purposes stated.
11. WAIVERS. The failure of Landlord to insist on strict
performance of any of the terms and conditions of this lease
agreement on a specific instance shall be deemed a waiver of the
rights or remedies that Landlord may have regarding that specific
instance only, and shall not be deemed a waiver of any subsequent
breach of default in any terms and conditions.
12. ASSIGNMENT, MORTGAGE, OR SUBLEASE. Tenant shall not
assign, mortgage, pledge, or encumber this lease agreement or
sublet the premises in whole or in part, or permit the premises to
be used or occupied by others, nor shall this lease agreement be
assigned or transferred by operation of law, without the prior,
express, and written consent in writing of Landlord in each
instance.
13. REMEDIES OF LANDLORD.
A. In the event of a breach or a threatened breach by
Tenant of any of the terms or conditions of this lease
agreement, Landlord shall have the right of injunction to
restrain Tenant and thy± right to invoke any remedy not
provided in this lease agreement.
B. The rights and remedies given to Landlord in this
lease agreement are distinct, separate, and cumulative,
and no one of them, whether or not exercised by Landlord,
shall be deemed to be in exclusion of any of the others
provided in this lease agreement, by law, or by equity.
14. ENTIRE AGREEMENT. This lease agreement shall constitute
the entire agreement between the parties. Any prior understanding
or representation of any kind preceding the date of this lease
agreement shall not be binding upon either party except to the
extent incorporated in this lease agreement.
15. MODIFICATION OF AGREEMENT. Any modification of this lease
agreement or additional obligation assumed by either party in
connection with this lease agreement shall be binding only if
evidenced in a writing signed by each party or an authorized
representative of each party.
CITY OF CHANHASSEN
BY:
Mayor
Attest:
City Manager
COUNTY OF CARVER
BOARD OF COMMISSIONERS
BY:
Chairperson
Attest:
0
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MINNESOTA POLLUTION CONTROL AGENCY
I CARVER COUNTY
CARVER COUNTY ENVIRONMENTAL SERVICES
600 EAST FOURTH STREET, BOX 3
CHASKA, MINNESOTA 55318 -2186
SUPPLEMENT NO. 1 TO CONTRACT 493 -020
WHEREAS, the Minnesota Pollution Control Agency (MPCA) has a contract
identified as Contract #93 -020 dated August 3, 1992 with Carver County
for the operation of a Metropolitan Household Hazardous Waste Management
Program (the "Contract "); and
WHEREAS, Section 8.4 of the Contract provides that the original term of
' the Contract is two (2) years from the date of execution of the
Contract; and
WHEREAS, the state and Carver County have agreed that the Contract be
extended an additional year.
NOW, THEREFORE, it is agreed by the parties that the Contract be
amended as follows:
1. Effective the date this supplement is executed, Section 8.4 is amended
as follows:
I a.) Section 8.4 of the original Contract is deleted and replaced with 2
new section 8:4 as follows:
I B.4. Term of Contract. This contract shall be effective upon such date as it
is fully executed and shall remain in effect until July 1, 1995, unless
terminated earlier as provided herein. It is the intent of the parties that
termination or expiration of this agreement shall not relieve the parties of
the obligations assumed under this agreement that occur after termination or
expiration, including without limitation, the obligations to properly close the
Metropolitan Facility or Facilities, to pay costs incurred during the term of
this agreement, and to defend, indemnify and hold harmless the other party
pursuant to Section 8.13.
I
I - EXHIBIT "A"
December 26, 1991
Contract between
the
Minnesota Pollution Control Agency
and Carver County for the
operation of a Metropolitan Household Hazardous
Waste Management Program
1.0. PARTIES
The parties to this contract are:
1.1 The Minnesota Pollution Control Agency (MPCA) and
1.2 Carver County (hereinafter "County ")
2.0. I
This is a contract between the MPCA and the County describing the
terms under which the MPCA and the County shall establish and
operate a Metropolitan Household Hazardous Waste Management Program
(Metropolitan Program) as authorized by Minn. Stat. g 115A.96
(1991). This contract results in no new expenditures of State
funds and does not require the encumbrance of funds by the
Commissioner of Finance.
3.O. DEFINITIONS
Terms as used in this contract shall have the following meanings:
3.1 Collection Site A permanent or temporary designated
location with scheduled hours for collection where individuals
may bring Household Hazardous Wastes, and which is operated in
accordance with the Metropolitan Implementation Manual.
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3.2. Counties Anoka, Carver, Dakota, Ramsey, Scott and
Washington Counties.
3.3. Event Collection A method intended to collect
Household Hazardous Waste from eligible residents and to
educate participants on proper Household Hazardous Waste
management which consists of a site temporarily designed and
set up to safely and efficientlk collect and package Household
Hazardous Waste for disposal or exchange.
3.4. First Aid Program A training program which is deemed
satisfactory by the MPCA relevant to job duties of
Metropolitan Facility staff which consist of American Red
Cross Standard First Aid and Cardiopulmonary Resuscitation
(CPR) procedures.
' 3.5. Generator Identification Number The site - specific
number a generator must obtain from the Environmental
' Protection Agency (EPA) prior to transportation, treatment,
storage, or disposal of any hazardous waste.
' 3.6. Household A single detached dwelling unit or a single
unit of a multiple dwelling unit and appurtenant structures.
3.7. Household Hazardous Waste (HHW) Waste as defined
' Minn. Stat. Section 115A.96, subdivision 1(b), 1991.
' 3.8. Metropolitan Implementation Manual The manual
developed by the MPCA and the Counties, which provides
guidance and procedures for establishing and operating the
Metropolitan Programs. This manual may be changed from time
to time by mutual agreement of the MPCA's Authorized
' Representative and the County's Authorized Representative.
3.9. Metropolitan Household Hazardous Waste Management
Facility (Metropolitan Facility) The portion of the
Metropolitan Household Hazardous Waste Management Program that
consists of one or more collection, management, and /or storage
facility or facilities which are located in the County and are
available for use by residents of another county in the
Metropolitan Service Area. A metropolitan facility may
consist of one or more stationary or mobile facilities. A
metropolitan facility may be publicly or privately owned
and /or operated.
3.10. Metropolitan Household Hazardous Waste Management
Program (Metropolitan Program) The program operated by the
Participating Counties and the MPCA which shall include the
following major elements: (1) an education and waste
reduction program for residents of the area served by the
Metropolitan Program, as agreed upon by the County, 'as
coordinated by the SWMCB, and approved by the MPCA; (2) a
Metropolitan Facility or Facilities and /or Event Collections.
3.11. Metropolitan Service Area The area included within
the boundaries of the Counties.
3.12. Participating Counties Counties entering into a
contract with the MPCA for the operation of a Metropolitan
Household Hazardous Waste Management Program.
3.13. Reciprocal Use Agreements Agreements entered into by
the Counties allowing use of the Metropolitan Facilities by
residents of the Metropolitan Service Area. Such Agreements
may be negotiated by the Counties and shall provide the terms
and conditions of the use of the Metropolitan Facilities,
including any fees charged to the Counties or residents.
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3.14. State Hazardous Waste Rules The Minnesota Pollution
Control Agency Rules, Chapters 7045 and 7001, as applicable.
' 3.15. SWMCB The Solid Waste Management Coordinating Board,
a joint powers board established pursuant to Minn. Stat.
Section 471.59 (1991).
'
4.0. ESTABLISHMENT OF
METROPOLITAN
EDUCATION AND WASTE REDUCTION
PROGRAM
'
3.13. State Contractor Services Hazardous waste
management
4.1. General
services which are performed for Metropolitan Program
activities and made available by the MPCA through its
'
contracts with hazardous waste management firms.
Hazardous
waste management services include supplying
materials,
'
receiving and sorting Household Hazardous Waste,
packaging,
repackaging, consulting, training, sampling,
analysis,
'
treatment, transportation, storage, and disposal.
- this contract.
3.14. State Hazardous Waste Rules The Minnesota Pollution
Control Agency Rules, Chapters 7045 and 7001, as applicable.
' 3.15. SWMCB The Solid Waste Management Coordinating Board,
a joint powers board established pursuant to Minn. Stat.
Section 471.59 (1991).
'
4.0. ESTABLISHMENT OF
METROPOLITAN
EDUCATION AND WASTE REDUCTION
PROGRAM
'
4.1. General
Provisions
The
parties to this contract agree
to establish and
operate a Household Hazardous Waste education
t and
reduction program in the
Metropolitan Service Area in
accordance with
the conditions
and requirements set forth in
'
- this contract.
' 4.2. Goals. The purpose of the Household Hazardous Waste
education program is to assist the general public in the
' Metropolitan Service Area in identifying, reducing, and
properly managing Household Hazardous Waste and to establish
an information service to answer the public's questions and
' provide technical assistance on proper management of Household
Hazardous Waste.
' 4.3. Training Staff for Education and Waste Reduction
Program Activities The MPCA shall provide a basic training
4
program for all persons who will participate in the education
and waste reduction program: This program shall train staff
on appropriate guidance for the following: what is a
hazardous waste; which wastes are acceptable through the
Metropolitan Facility, including guidelines to identify
commercial and agricultural wastes; waste reduction through
reuse and recycling; alternatives to household hazardous
products; and safe home treatment storage, and transportation
methods. In addition, the MPCA will provide an annual
training update as part of the program for staff persons who
have completed the basic training program.
4.4. HHW Metropolitan Education and Waste Reduction Plan
In consultation with the MPCA and the SWMCB, the County shall
prepare a HHW Education and Waste Reduction Plan outlining the
planned activities, an implementation schedule, and an
estimated budget for the contract term. The plan shall
incorporate the activities and materials outlined in Section
4.0 and other activities the County deems appropriate. The
County shall work with the SWMCB to ensure that the plan
coordinates individual county programs to provide consistent
management information. The County shall submit this plan to
the MPCA for review and comment.
4.5. Metropolitan HHW Education and Waste Reduction Program
Implementation The County shall implement a Metropolitan HHW
Education and Waste Reduction Program, in coordination with
the SWMCB and according to the plan outlined in Section 4.4.
and the following:
4.5.1. Implement A Telephone Advice System The County
shall provide telephone advice for -the County in accordance
with the MPCA's Telephone Advice Guidance Manual. The County
shall work with the MPCA and SWMCB to revise the manual to
reflect the Metropolitan Program.
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The MPCA will provide a Telephone Advice Guidance
Manual and training on the proper use of this manual to County
personnel, if requested by the County.
4.5.2. Promote Awareness of the Household Hazardous
Waste Issue
4.5.2.1. Promote Proper Management The County
shall promote identification and proper management of
Household Hazardous Waste utilizing local media, public
presentations, classroom education, solid waste haulers,
retailers, and other avenues the County deems appropriate.
4.5:2.2. Sample Public Education Materials At
the request of the County, the MPCA shall provide sample
public education materials which the County can adapt for
distribution including press releases, newspaper articles,
mailing inserts, , public service announcement scripts,
brochures, and fact sheets.
' 4.5.2.3. Public Speaking The County shall
solicit and respond to appropriate public speaking requests to
local community and service organizations.
4.5.2.4. Other Activities The County may
conduct other informational activities as deemed necessary or
appropriate.
' 4.5.3. Copies of Materials The County shall provide
' to the MPCA copies of all educational and promotional
materials produced and distributed under this contract and
copies of all print media coverage of this program.
W81MR50 • l • ; • i
5.1. General Provisions
5.1.1. Collection Program Establishment The County
agrees to establish a Metropolitan Facility and /or Event
Collection according to the conditions and requirements set
forth in this contract. I If a Metropolitan Facility -is
privately owned and /or operated, the County will require the
private owner or operator to meet the conditions and
requirements set forth in this contract. The County may agree
to enter into Reciprocal Use Agreements with the Counties
allowing use of the Metropolitan Facility and /or Event
Collections by residents of the Metropolitan Service Area.
5.1.2. Waste Management and Program Operations The
parties to this contract shall manage all Household Hazardous
Waste collected under this contract in compliance with all
federal, state, and local standards applicable to hazardous
waste generators as required by Minn. Stat. § 115A.96, subd.
4 (1991) and Minn. Rules ch. 7045. Facilities shall be
operated in accordance with the rules and the Metropolitan
Implementation Manual.
5.2 . Metropolitan Facility Design
5.2.1: County Proposes Metropolitan Facility The
County shall submit to the MPCA a written statement proposing
a Metropolitan Facility which meets the conditions identified
in Section 5.1.2. If a stationary facility is proposed, the
written statement shall include: (a) a legal description of
the property boundaries for the proposed location; (b) a map
showing the location of the structure(s) proposed to be used
for the collection area and the storage area; (c) a
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description of the structure; (d) the names and addresses of
all persons having title to the property proposed to be used
for the Metropolitan Facility; and (e) a certification that
the proposed Metropolitan Facility meets the conditions set
forth in Section 5.1.2.
Commissioner will approve or disapprove of the proposed design
within 30 days of receipt of the proposal and following a
5.2.2. Approval /Disapproval
of Proposed Metropolitan
the MPCA Commissioner rejects a proposed design, .he /she shall
Facility Design The MPCA
Commissioner may
reject any
proposed Metropolitan Facility
design if the MPCA Commissioner
Metropolitan Facility design originally proposed in order to
determines that the facility design fails to meet
the minimum
'
requirements set forth in
Section 5.1.2.
The MPCA
Commissioner will approve or disapprove of the proposed design
within 30 days of receipt of the proposal and following a
joint inspection of the site by the MPCA and the County. If
the MPCA Commissioner rejects a proposed design, .he /she shall
notify the County in writing of the reasons for rejection and
'
the County may, within a reasonable time period, propose an
alternative location and /or make necessary alterations to
Metropolitan Facility design originally proposed in order to
'
provide a Metropolitan Facility design acceptable to the MPCA
t the
Commissioner. The shall use its best efforts to assist
County in
identifying an alternative location and /or make
necessary alterations to the original design.
5.2.3. Inspection of Approved Metropolitan Facility
'
After the MPCA Commissioner approves the proposed design
for the collection.and storage areas, the MPCA staff and the
'
County shall inspect the approved Metropolitan Facility site
to ensure that all the conditions set forth in Section 5.1.'2.
'
have been satisfied. If the Metropolitan Facility does not
the
meet conditions set forth in.Section 5.1.2, the MPCA
_ shall notify the County of any deficiencies in writing and the
'
County will modify the Metropolitan Facility to meet with
MPCA approval.
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5.3. Establishment of Metropolitan Facility Before the
Metropolitan Facility commences operation, the following tasks
shall be completed:
5.3.1. Role of Metropolitan Implementation Manual
The County shall establish the Metropolitan Facility according
to the terms of the Metropolitan Implementation Manual.
5.3.2. Equip the Metropolitan Facility The County
shall provide an adequate supply of personal protective
equipment and emergency equipment and shall document regular
inspections of ' such equipment, as specified in the
Metropolitan Implementation Manual. The Metropolitan Facility
shall not be operated unless the equipment at the Metropolitan
Facility is fully operational and available for use.
5.4. Waste Management
5.4.1. Generator Identification Numbers The MPCA
will acquire site - specific Generator Identification Numbers
from the Environmental Protection Agency (EPA) which shall be
used in managing all Household Hazardous Wastes transported
and disposed of with State Contractor Services. The MPCA
shall track the uniform hazardous waste manifests and shall
provide copies of the manifests to the County. Non -state
contractor services for transportation and disposal may be
utilized if prior written authorization is obtained from the
MPCA . Such authorization shall not be unreasonably withheld.
The MPCA is not obligated to consider requests that would
cause the aggregate number of MPCA contractor disposal
facilities for the State to exceed 15.
The MPCA shall make available State Contractor Services and
shall be responsible for the acts of such contractors. The
MPCA shall notify the State Contractors that the County is
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authorized to act on the MPCA's behalf under the State
Contract.
Household hazardous waste collected and managed pursuant to
this Agreement may only be processed and /or disposed of at a
hazardous waste processing /disposal facility (Facility)
evaluated and approved by the MPCA. In the event that a
Facility is proposed that has not been approved by the MPCA as
of the date of the proposal, the County requesting the
approval or its contractor shall reimburse the MPCA for its
reasonable costs incurred in auditing the Facility for
purposes of approval or disapproval of the Facility.
If this contract is not renewed, and the County continues to
' operate the Metropolitan Facility, the County or its
contractor will cease to use the MPCA generator number and
' will obtain and use its own Generator Identification Number.
If the contract is not renewed or the Metropolitan Facility is
' closed, the MPCA shall inactivate the Generator
Identification Number.
1 6.0 OPERATION OF METROPOLITAN FACILITY
6.1. Goals. In entering into this contract, it is the goal
of the County and the MPCA to encourage citizens to manage
' their Household Hazardous Wastes, to the extent possible,
through reuse, recycling, or safe home treatment and disposal.
' In addition, nonhazardous items shall be discouraged from
being accepted for disposal at the Metropolitan Facility
unless no alternative reclamation or recycling options exist.
1
' 6.1.2. Acceptable Wastes The County will use its
best efforts to collect, store, or otherwise accept for
' disposal at the Metropolitan Facility only Household Hazardous
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Wastes which are acceptable as defined in the Metropolitan
Implementation Manual, unless other wastes are approved for '
management by the MPCA's Authorized Representative.
6.2. County Responsibilities t
6.2.1. Metropolitan Implementation Manual In '
addition to the requirements set forth in Section 6.1., the
County shall operate the Collection Sites according to the
terms of the Metropolitan Implementation Manual. '
6.2.2. Hours of Operation The County shall notify '
MPCA's Authorized Representative of the hours of operation of
the Metropolitan Facility. ,
6.2.3. Arrangements with MPCA for State Contractor '
Services The County shall abide by the requirements
described in the Metropolitan Implementation Manual to request '
State Contractor Services.
6.2.4. Procurement of Supplies and Equipment The I
County shall arrange for the provision of all the safety
equipment, personal protective equipment and other equipment
necessary for facility operations as outlined in the
Metropolitan Implementation Manual. I
6.2.5.. Notification of Staff for Metropolitan Facility I
Activities
6.2.5.1. Notification of Staff Designation The 1
County shall inform the MPCA of staffing arrangements,
in accordance with Metropolitan Implementation Manual, '
to perform the Metropolitan Program site activities
described in Section 6.2.1. through 6.2.4. The County '
shall notify the MPCA of the staff designated.
' 6.3. Training Program The MPCA shall provide a training
program for all County staff persons who will operate the
' collection sites. This training program shall include
training on what is a hazardous waste; acceptable collection
procedures; which wastes are acceptable through the
' Metropolitan Facility,--including guidelines- to. identify
commercial and agricultural wastes; hazardous materials
' handling and categorization; packaging and storage
requirements; safety procedures; and Occupational Safety and
' Health Right -To -Know training. All staff persons who will
operate the collection sites must successfully complete a
' MPCA's approved training program before the collection site
may be operated.
' 7.0. PROCEDURES FOR CLOSING METROPOLITAN FACILITY
' In the event County deems appropriate the temporary or permanent
closure of the Metropolitan Facility, the parties to this contract
' agree to close the facility as follows:
' 7.1. County Responsibilities The County agrees to complete
the following to close a Metropolitan Facility:
' 7.1.1. At least two weeks prior to closing the
facility, publicize and notify local media that the facility
' will no longer accept waste;
' 7.1.2. Close the facility by no longer accepting
waste;
' 7.1.3. 'Within 10 days of closing the facility,
_properly package and bulk all accumulated waste;
7.1.4. Within 90 days of closing the facility, send to
' the MPCA copies or microfiche all waste - related records, such
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as lab pack inventories and completed inventories for all
drums containing wastes..
7.1.5. If the closure of the facility is intended to
be permanent, it shall be closed in a manner that prevents any
contamination from occurring in accordance with the rules and
in consultation with the MPCA, including removal of all
collected wastes and materials and the decontamination of the
equipment, sorting area, and entire storage area.
7.1.6. In the event that the County fails to cure the
deficiencies in a timely manner, the MPCA may require the
County to close the facility. If the MPCA determines that
closure of the facility is appropriate, it shall notify the
County in writing. The County shall close the facility within
thirty (30) days of the date of the notice. Closure shall be
accomplished in compliance with items 7.1.1., 7.1.2., 7.1.3.,
and 7.1.4., above.
7.1.7. If the County fails to comply with Section
7.1.6., the MPCA may arrange for contractor services to
properly close the facility with 100 percent of the expense
the responsibility of the County.
7.2. Mobile Facilities Closure requirements for mobile
facilities shall be as set forth in the Metropolitan
Implementation Manual.
B.O. GENERAL CONDITIONS
8.1. Legal Authority This contract is made under the
MPCA's authority of Minn. Stat. § 115A.96 (1991) and 116.03
(1991) and under the County authority of Minnesota Statutes §
375.21, § 473.801 through § 473.834 (1991) and § 471.59
(1991).
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' 8.2. Authorized Representative and Administrator The
MPCA's authorized representative for administering this
' contract is Donna Portner, Pollution Control Specialist. The
County's authorized representative for administering this
contract is Leslie Loeffler. Each party agrees to notify the
' other party in writing if their authorized agent is changed.
8.5. Cancellation This contract may be canceled by the
MPCA or the County in writing thirty (30) days before the
' cancellation.
' 8.6. Renewal At the expiration of this contract, renewal
of the contract will be pursued if agreeable to both parties.
' In considering renewal, the MPCA will evaluate the County's
abilities to achieve the basic program objectives.
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8.3. Interpretation
of Contract This contract shall be
interpreted
pursuant to the laws of the State of Minnesota.
'
8.4. Term
of Contract This contract shall be effective
upon such date as it is fully executed and shall remain in
for
effect
a period of two ( 2 ) years from the date of
execution, unless earlier terminated as provided herein. It
'
is the intent of the parties that termination or expiration of
this agreement shall not relieve the parties of the
'
obligations
assumed under this agreement that occur after
termination
or expiration, including without limitation, the
'
obligations
to properly close the Metropolitan. Facility or
Facilities,
to pay costs incurred during the term of this
'
agreement,
and to defend, indemnify and hold harmless the
other party
pursuant to Section 8.13.
8.5. Cancellation This contract may be canceled by the
MPCA or the County in writing thirty (30) days before the
' cancellation.
' 8.6. Renewal At the expiration of this contract, renewal
of the contract will be pursued if agreeable to both parties.
' In considering renewal, the MPCA will evaluate the County's
abilities to achieve the basic program objectives.
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8.7. Assignment The parties shall neither assign nor
transfer any rights or obligations under this contract without
the prior consent of the other parties.
8.8. Compliance with Laws All acts performed by the
parties under this contract shall be performed in accordance
with all applicable federal, state and local laws.
8.9. Records and Audits
8.9.1. The County shall submit an annual report by
March 31 of each year in a format mutually agreed upon by the
Authorized Representative of the parties to this contract.
This report must include:
8.9.1.1. A discussion of work conducted during
the year in meeting education and waste reduction
objectives including a copy of all materials produced;
and
8.9.1.2. A summary of participation, waste
collected, and program performance and costs.
8.10. Remedies Unless otherwise provided in this contract,
all claims, counter claims, disputes and other matters in
question between the parties arising out of, or relating to,
this contract or the breach of it will be decided by
arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State of Minnesota.
8.11. Affirmative Action The County shall comply with the
affirmative action provision of Minn. Stat. § 363.073 (1991)
and Minn. Rules pts. 5000.3400 -3600.
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8.12. Amendments Any amendments to this contract shall be
in writing and shall be executed by all parties.
8.13. Liability It is the intent of the parties that any
liability which may arise as a result of activities
contemplated by this contract be governed according to the
following provisions:
8.13.1. Liability to third person The parties intend
that any claims or causes of action by third persons are
subject to the limitations upon liability provided in the
statutes.
8.13.2. Liability between the State and the County
The parties agree that they will be responsible for their own
acts and the results thereof and shall not be responsible for
the acts of the other party and the results thereof . The MPCA
therefore agrees that it will assume liability for itself, its
agents, employees, or contractors for any injury to persons or
property resulting in any manner from the conduct of its own
operations, and operations of its agents, employees or
contractors under State Contractor Services. .The MPCA shall
defend, indemnify and hold harmless the County for all
liability, obligations, claims, loss and expense, including
reasonable attorneys and other professional fees, resulting
from the acts of the MPCA, its agents, employees or
contractors, or obligations assumed by the MPCA in this
contract.
The County agrees that it will assume liability for itself,
its agents, employees, or contractors for any injury to
persons or property resulting in any manner from the conduct
of its own operations, and operations of its agents, employees
or contractors. The County shall defend, indemnify and hold
harmless the MPCA for all liability, obligations, claims, loss
- 16 -
and expense, including reasonable attorneys and other
professional fees, resulting from the acts of the County, its
agents, employees or contractors, or obligations assumed by
the County in this contract.
Nothing in this Section 8.13.2 is intended to act as a waiver
or limitation of any law, as provided in 8.13.1 above.
Further, nothing in this Section shall bar any legal remedies
that one party may have against another for failure to fulfill
its obligations pursuant to this contract.
8.13.3. Nothing in this contract is intended to waive
or limit the provisions of the Tort Claims Act, Minn. Stat. §
3.736 (1991) , or Minn. Stat. § 466.02 (1991) , or any other
law, legislative or judicial, which limits governmental
liability.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, intending to be bound thereby.
ASSISTANT COUNTY ATTORNEY
By
Date
As of form and execution by the
ATTORNEY GENERAL
By Z-A-1��
Title
Date
U C� 14- /
—is —
Date July 21. 1992