Loading...
HomeMy WebLinkAbout5.d. Household Hazardous Wast Program / Joint Powers Agreement : . . .. . � . �� ! f ��.t� ���+� � � .� 6'..,,`, r..A . '� � �''���,.1 � t ���.. �� � � _�, s d H4USEHOLD HAZARDOUS WAS7E COLLECTION DAY Dakata County/City of Rosemount SATURDAY, DCTOBER 1, f988 9:00 a.m, - 3:00 p.m. City Maintenance Facility 145th Street & Brazil Avenue October 1, 1988 9:00 a.m. - 3:00 p.m. r� � : � � � � c.°� `� ^ � T'4' M M � ti C ~ � S`� i� H Q � � . � � � . � � Y � . � � . � � � � . . . � � � �� . . � a � � � . . . . � � . . � . �. . . . .. . . . 'p p .� O U 4 � t45t� St. �`~ U Co Rd 42 0 c Y CSAH 42 � 0 d � i� �,+ . , , , ,: , _ - _ .. _ � . s � ti � • , P.C). $OX 510 i (���� 0 2$75-1d5TN ST. W. ' ROSEMOUNT, MINNESOTA SSO6N osernoun� 612-4?3-4b11 � �. ' TO: Mayor Hoke Councilmembers: Napper Oxborough { Walsh s Wippermann � FROMs Ste han Ji1k Administrator/Cl.erk � p � ; I DATE: September` 16, 1988 � RE: . Household Hazardous Waste Collection Joint Powers Agreement with Dakota County � � To accomplish t�the Household Hazardous Waste Collection utili.zing � " ` the County program it will be necessary to enter into a Joi.nt ' � Powers Agreetnent with them. Roger Knutson, of Dave Grannis's i office has prepa�ed such an agreement for your consideration. � This agreement is attached for your review. Complete explanation 1 of the agreement along with an update of the` collection planned � for October 1 wi�.l be given by Dean Johnson at the meeting. � ' We recommend your approval to enter into this �o3.nt powers � agreement. i � � 1� ; : , :, i , , t , , � 1 , , , , a i a , I � ` • � LAW OFFICES GRANNIS, GRANNIS, FARRFLL ec KNUTSON DAVID L.GRANNiS- ISJ4-19G1 PROFFSSIONAL ASS+DCIA'I'ION , ����4 DAYID L.GAANNIS,Ja.- 1910-1980 Posr OF��cE Box 57 (612)455-2359 DAVID L. HARMEYER VANC&B.GRANNfS 4O3 NORWFST BANK BUILDING ` ��,jpn�, j�NE'TSCH VANCE B.GAANMS,�R. IG1 NORTH GONCORD EXCHANGE MICHAEL J. MAYER PATR[CK A. FARRELL TIMCSTNY J. $ERG DAVtQ L.GAANNIS,III SouTH Sr. PAut, MINNESOTA SS��S Roc�n N. ICNu�rsoN TELEPNONE(6I2)�SS-IC�1 September 14 , 1988 Mr. Stephan Jilk Rosemaunt City Hall 2875 - 145th Street West Rosemount, Minnesota 55068 RE: Household Hazardous Waste ' Dear Steve: Enclased please find revised Jaint Powers Agreement between Dakota County and the Ci�y. Changes were mad� at the reques� of I�ean Johnson. Flease call if ycau have any questions. Ver truly yours, 'GR NNIS, RANNIS, FARRELL K SQN, P.A. Y Roger N. Knutson RNK:srn Enclosure - ec: Dean Johnson ,� R ��� 1�/`EC� SEP 15 19�8 GL.LF�F<'::� C�)F=C�..1�.�;�=.. ClTY UF ROSEM�UNT r . . . ��i N..�. . t • � A�r . �� M � � � � � . . ��' � . .. , JOINT POWERS At�REEi�I�N�` � THIS AGREEM��T is entered into be�ween ' the DAKOTA CdU�i�'Y BOARD OF COMMISSIONER� (NCountyn) , State Ck� Minnesota, and th� ��TY � �, ' : OF ROSEMOUNT ("Rosemt�Ltnt"} , a Minnesota m'�hiCipal corporatiori,;; ' _': ;: . through its governing 'council. ° �„�; WHEREAS, th� County and Rosemoun� �de�ire ta organizt e�hd implement a hc�useho].d hazardaus waste co11+�Ction (hereinafter ' , "coilectionN) program to be held far the b�nefit of the citiz�n� of Rosemount; and WHEREAS, Minnesota Statutes § 4?]..59 authorizes two c►r more governmental units to enter into agreements t0 �flI.21tI.y or cooperatively exeraise any power common ta the contracting part�.es or any similar powers: and WHEREAS, th� County Board by Board Re�alution No. � , authorized the County� ta enter into a joint powers contract ft�r a household hazardnus �t�ste callection progra�n; THEREFORE, the parties agree to organize and irnplemen�` a household hazardous waste collection pragram subject to the fal�.awing terms and conditions:. " 1 ` ; 1. Definitions. For the purpose of this I�greement 1��� , terms defined in Minn. Stat. § 115A.96 shall have the meaning� given �� them therein except as limited, amended, or otherwise definec� in this Agreement. 2. Term. This Agreement shall b� effective from th� -dat� of execution by all parties or the commencement of services r hereunder, whichever is first, and shall �ontinue until alI services . ` � , . �' '�� t. � � i;�, y �e. are completed unless t�+�rminated in accordaM�� wi�h paragraph �.�,'� �� ,ti��:: yr B�` herein. �,:. �� __ � � �,��. � � � , ,� 3. Purpose.' :`,This Agreement sha11 �st�xbli.sh the �t ; _. �� n,. ��' responsibilities of th� parties in jointly :ts�c�ahizing and ��F :. , �,, implementing a househt�id hazardous waste c+�1�.+eetion program i+��F�the ; � : ta{�. . residents of Rosemount. Collection day is �ch�c�uled for Octab�� i, ��,. 1988, and may be rEsc��au��a as mutually agz'�er� 'upon. ���� � . �;: :��-' ` 4. Contractg with Private Gontrae�t�r. The packagin�;;'df wastes generated by t�►is collection shall �� governed by the ��!i�ms of � ,_ a separate contract between the County and � private contraCta�.: The analysis, storage, transportatian, and disposal of wastes gene��ted • by this callectian shall be governed by Mi.nne�ota 5tate Contr�+�� M- •, 8475 which provides, by its terms, that th� cantract may be e3��end�d to political subdivisians of the state. Ra��maunt acknowledge�� �nd agrees to abide by th� terms of said contY�ct�. 5. 8ite. The collection site sh��.l kre located at th+� City � � � � � � � � � ���� �: � of Rasemaunt Public Works Facility, 14455 $�`a�il Avenue, Rose�n+��unt, Minnesota 55068. '� i: 6. Duties e� the Parties. Each �i�r�y� shall assist �,�ti =the organizational duties associated with the col�.�ction includirtg�e.�te x: set-up and coordinatibn, volunteer coordinatidn, publicity far�the collection day, and a 'public participation survey. The County t�ii�.l be �� primarily responsible for delivery and sorting of waste and praviding personal safety equipment including glovesi boots, and hardhat� ,�'or ......i' , . ! workers. Rosemount wi11 be primariiy responsible for traffic t eoordination, the pub�.ic participation survey, and all other = � � t. � : , necessary operational equipment at the sit� including tables, �ire _2_ - � � � � ��.i�. � . t, . � � extinguishers, dumpsters, chairs, directional signs, sanitary facilities, and running water. 7. Workers. The County and Rosemc�unt shall each pravide emplayees and/or volunteers ta staff the collection site. All workers must be at least eighteen (18) years of age and will read and be fami],iar with the Pollutinn Gontrol Aqency dcseum�nt entitled yHausehold Hazardous Waste Co].lection Projects--0perations M�nual" (HHWCP) prior to the aollection day. Each worker must siqn a statement acknowledging that he or she is familiar with the HHWCP and that he or she will follow the proper collectian procedures. The HHWCP shall be present and easily accessible to all workers at the site. _ . 8. Hazardous Waste Generator Number. The County shali act as the hazardous waste generator for all household quantities of hazardous waste collected at the site during ttie collection program on the scheduled collection days except for the following waste materials: acids/bases, adhesives, aerosols, chlorinated solvents, and fiammable solvents. Aptus 5h�11 act as th� hazardous waste generator for the above-tnentioned materials. 9. Costs. A. Each party ,,shall be responsible for the payment` to their own employees. No party shall be liable for any renumeration to �� any other party's employee. B. Exc�pt as to the above, the County and the City shall be responsible for all costs for packaging, storage, transportation, and disposal of household hazardous waste coll�cted under the provisians of this cantract. -3- � � 10. Indemnificatian/Liability. Each party to �his Agr�ement shall be liable far its own acts to the extent provided by law and hereby agrees that it Will indemnify and hold the other parti+��;�nd , their officers, emplayees, agents, and voluritee�' workers harml.+��� � : , , from any claims, suit�, or damages resulting frc�m or caused b� �ihy act of neglect, intentional tort, or omiss�.on af th� party, i�ts officers, employees, ��ents, or volunteer work�rs in the perfaiwrit�nce of the services provided for by this Agreement, except that it is understood and agreed that the limits of �uch indemnification shall not exceed the limits of the party's applicable liability iia��ir�nce. I1. Subcontracting/Successors. A. Part�es shall not enter into any subcontract for the perfarmance of the services contempiated under this Agreement or assign any interest in the Agreement without prior written consent of all parties and subject to such canditions and pravisions as are deemed necessary. Such cansent shall rtot be unreasonably withheld. The subcontracting or assign,,ing party shall be responsible �or the performance af its subcontractors or assignors unless atherwise agreed. B. Successors. Each party binds itself and it� ' successors, legal representatives, and assigns to the other p�trty to this Agreement and to the partners, successors, legal ,� representatives, and-assigns of such ather party, in respect to all eovenants of this Agreement. 12. Excused Default. A. Force Majeure. No party �hall be held responsible for delay or failure to perform when such delay or failure is due ta _4_ ` � * , �; . any of the following t�nless the a�t or occU�z+?n�e could have ���n 'r � ' � foreseen and reasanabse action could have ki�t�r� �aken to prev�tl��,:�he ,: delay or failure: fi�re, flood, epidemic, i�t�ik�s, wars, act� t�� God, �r unusually severe weather, acts of public atxtt�c�r3.ties, or del��' a�',c�r , ; �x` defaults eaused by publ,ic carriers, provide�d th� defaulting �3��y gives notice as soon �s possible to the oth�r p�rty of the i�t�,��.lity � � ' ; � � to perfar�n. � � � � � � � � � ,� �� �. 13. Terminat3.on. 1 f, A. Any party may terminate this A�reement witht�t�t�'�ause ; by giving notice to the Chairperson af the County Board and th��' Mayor of Rosemount. The terminating party shall serv� ' on the ather ��Y'ties a certified copy of the resolution of the gov�rning board inc�ic�ting its intent to terminate the Agreement. This rtotice shall be g.�v�n at least ten (10) days before the �ffective d�rte� c�f termination �1�t� in all cases at least t�n (10) days before th� seh�duled collect�.o�i 3 date. �. B. Termination shall not di��h2trge any liabilit�,; responsibility, or right of any party whi�t� arises from the performance of or fa�.lure to adequately p��'ii�rm the terms o�: ��iis ;�; : Agreement prior to the effective date of t�rminatian. 14. Contract Riqhts Cumulative Not Ex�lusive. A. All remedies available tc� e3.ther party for breaeh of this contract��are cumulative and may be exercised concurrently or separately, and the exercise of any one r�medy shall not be de�med an � � ��� election of such remedy to the exclusion bf other remedies. Th:� . . . . . +r`. . . ri.ghts and remedies provided in this contraet shall not be eX�lusive and are in addition to any other rights and 'remedies provided 'by law. —5— : 's f � � � B. Waiver for any default shall not be deem�d to be a waiver of any subsequent default, Waiver af breach of any provision of this contract shal3 not be construed to be modification for the terms o£ this contract unless stated to be such in writing and signed by authorized representatives Qf the County and the Gontractor, 15. Liaison Notification. A. Liaison. To assist the parties in the day-ta-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, liaison shall be designated by each party. The parties shall keep each other continuaily infarmed, in writing, of any char�ges in the designated liaison. At the time of execution of this contraet the following persons are the designated liaisons: COUNTY LIAISON: George Kinney TELEPHUNE NUMBER: 450-2793 R�SEMOUNT LIAISf7N: Dean Johnson TELEPHONE NUMBER: 423-4411 B. Notification. Notification required to be provided pursuant to this Agreement shall be provided to the foll4wing named persons and addresses unless otherwise stated in this Agreement, or in a moda.fication of this Agreements TO ROSEMOUNT: Stephan Jilk 2875 - 145th Street West P.O. Box 510 �� Rasemount, MN 55068 (622) 423-4411 TO THE COUNTY: Lyle D. Wray 1564 West Highway 55 Hastings, MN 55033 (612) 438-441$ -6- . !i � In addition, notification to the County regarding breach or termination shall be provided to the offic� of the County Attorney, 1560 West Highway 55, Hastings, Minnesota 55�33. 16. Compliance with Requirements rif the Law, The Caunty and Rosemount agree to cflmply with all federal, st�tte, and lacal I.aws or , ordinances, and all applicable rules, regillations, �nd standard:� established by any ageney of such gov�rnm�ntal unit�, which ar� r�ow or hereafter promulgated insofar as they relate to the County's and Rosemount's activities under the provisions of this Agreemen�. 17. Equal Employment Opportuniti�s. In all activit�.es' related to the terms of this Agreement, RQsemo�int and the County agree to comply with all federal, state, and local iaws, ordit�ances, rules, regulations, and execute arders pertaining to unlawful discrimination on account of race, color, c�eed, religion, national origin, sex, marital status, status with regard to public assi�tance, disability, or age. 18. Access to RecordsjAudits. A. The County and Rosemount shall have full acc��s to all records relating ta the performance of this Agreement pursu�nt to Minn. 5tat. § 16. 06, subd. 4 . B. The County and Rosemount 'agree to maintain reCords relating to the terms of this Agreement, and shall retain aI.l such �� documentation far three (3) ;�years following the last date in which a household hazardous waste co�lection was held by the parties or following the termination of this Agreement, whichever is lat�r. 5uch records shall be made available for audit or inspection at any time -7- , . � • upon request af the Caunty of Rosemaunt or its �uthoriaed representative. 19. Madifica.tions. Any alteratiofi�, variations, modifications, or waivers of the pravision�l of this Agreement �P�all only be valid when they have been reduced ��► w�iting, signed �i�t authorized represent�tives of the County at�tcl �t+�semount. 20• Merger. This Agreement is th� fin�l expression c��' the agreement of the parties and the complete �rid exclusive stat�m�rit of the terms agreed upvn, and shall supercede all prior negotiat�ons, understandings, or agreements. There are n�t representations, warranties, or stipulations, either oral or written, not herefn contained. 21. Severability. The provisions of tt�is 11e�recment �h�ll be deemed severable. If any part of this Agreement is rendered vaid, invalid, or unenforceable, such rendering shall not affect the � validity and enforCeability of the remainder of this Agreement t�nless the part or parts which are void, �.nvalid, c�r otherwise unenfarceable shall substantially impair the value of the entire Agreement w9.�1� � � �_ � � a;�� ; respect to either party. ,. IN WITNESS WHEREOF, the parties hereto have caused thie� Agreement to be duly executed and warrant and represent that the person whose signature appears below is authorized by iaw and ��.1` ,, necessary corporate action to execute this eontract, intending that it shall be legally binding upon them and their respective heirs, estates, successors, and assigns. -8- � i , . n ; � ;�� �� Approved as to form: . COUNTY oF, bI�KC�mA � , ` � � , .. ,, BY' ', { #, Asst. County Attorney/Date � Chai�t��n, Boarc�' a� C�mmissioner� �: Approved as to execution: : :�' ' Date of �'�,�n�'�tzre: ` i' M" �Kk : Asst. County Attorney/Date ATTEST: �: �u t�r �.. , Approved by Dakota County ' � Resolution No. Date of 5�.c�t���ure: �, ;' � �� � �,�,,. CITY OF �tC�,���'IUUNT BY: , Roll�n Hoke, Mayor ;. ` � � AND Stephan ik, Administr��mr THIS INSTRUMENT DRAFTED BY: Grannis, Grannis, Farrell & Knutson, P.A. ' �' # 403 Norwest Bank Building � � 161 North Concord Exchange ' South St. Paul, MN 55075 (612) 455-1661 � � �_ , � �'•� � � ;, � �' � � � t" F � � � �4d ,�� � !� #4� � � � � ' � ��� � ii I` . . . . � . . � �, � . � j . " . . . . . . � . _ � �. � . . �. ��. . � ��, �. . . . . . � � � . � �i � � ' s� q � . � � . . 7�� • � . ,. ' �;. . � . , . . � � . � .j . . . . .. . . . .. � ,� . . . . . � , 1,� �.� . . � � . � ��� . .� . . � � . ..� . . . . . . �. � � 4 �t .. , . . � . . . �c. � .. . . . f ... . . . .