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HomeMy WebLinkAbout6.g. Environmental Legacy Fund Pilot Program Grant Joint Powers Agreements EXECUTIVE SUMMARY City Council Regular Meeting: August 6, 2018 AGENDA ITEM: Environmental Legacy Fund Pilot Program Grant Joint Powers Agreements AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. 6.g. ATTACHMENTS: Joint Powers Agreements APPROVED BY: LJM RECOMMENDED ACTION: Motion to authorize that the City of Rosemount enters into four JPAs with Dakota County to provide grant funding through the Landfill Host Community - Environmental Legacy Fund Pilot Program for the following projects: • Horseshoe Lake - $250,000 • Carroll’s Woods /Schwarz Pond Park – $71,300 • Dunmore section of The Rosemount Greenway $23,900 • Horseshoe Lake section of the Rosemount Greenway $32,100 BACKGROUND The City of Rosemount recently applied for and received grant funding for four City park projects. The funding was made available from Dakota County as part of the Landfill Host Community - Environmental Legacy Fund Pilot Program. Dakota County collects Landfill Host Fees to mitigate the negative effects of landfills. Those host fees are deposited into the Environmental Legacy Fund, which supports programs and projects for the purposes of “protection, preservation, or enhancement of the environment.” Because Rosemount is host to a landfill we were eligible to apply for grant funding. The City of Rosemount applied for six grants and received funding on four of the requested projects. The first grant being awarded is for $250,000 and will assist with the funding for the construction of Horseshoe Lake Park in the Bella Vista development. The second grant being awarded is for $71,300 to be used towards the restoration of Carroll’s Woods and Schwarz Pond Park that is slated to start later this fall. The third grant was awarded for $23,900 for design services to create plans and specifications for Dunmore section of the Rosemount Greenway. The fourth and final grant being awarded is for $32,100 and will be used for design services to create plans and specifications for the Horseshoe Lake section of the Rosemount Greenway. In all, the City will be receiving $377,300 in grant funding to be used for projects currently in the City’s CIP Budget. Attached to this executive summary are four Joint Powers Agreements (JPAs) for the grants that Rosemount will be receiving. The City Attorney has reviewed the JPAs and did not have any issues with the agreements. RECOMMENDATION Staff is recommending that the City Council approve the four JPAs with Dakota County to provide grant funding through the Landfill Host Community - Environmental Legacy Fund Pilot Program. JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2018 ENVIRONMENTAL LEGACY FUND GRANT This grant Agreement (Agreement) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, 1590 Highway 55, Hastings, Minnesota 55033 (“County”), and the City of Rosemount (“City”), by and through their respective governing bodies. RECITALS The County receives funds from operating landfills located in the County pursuant to host fee agreements entered into by the County and the landfill owners; and The County holds the landfill host fee payments in a special revenue fund referred to as the Environmental Legacy Fund for the purpose of protection, preservation or enhancement of the environment; and In 2018 the County established a pilot program to offer grants to cities having an operating landfill within its political boundary in recognition of the detrimental impacts of landfills on these cities; and The City submitted a grant application for its Carrols Woods-Schwarz Pond Park Restoration project; and The Dakota County Board of Commissioners has approved awarding grant funds to the City for the Carrols Woods-Schwarz Pond Park Restoration project as being consistent with Environmental Legacy Fund purposes and to assist in mitigating the impacts of hosting an operating landfill; and The City represents that it is qualified and willing to utilize the grant funds consistent with its grant application and this Agreement. Now, Therefore, in consideration of the mutual promises and covenants herein, the County and the City agree as follows: 1. Term of Agreement. 1.1. Effective Date. This Agreement is effective as of the date of signature by all parties. 1.2. Term. This Agreement shall continue for two years from the Effective Date, or until all project tasks are completed by the City, whichever occurs first 1.3. Extension. If the City determines that it is unable to complete the project tasks funded by the ELF grant prior to the expiration of the Term, the City may submit a written request to the County to extend the term of this Agreement. The County shall promptly consider the matter and approve or deny the request. 1.4. Survival of Terms. The following clauses survive the expiration of this Agreement: 8 Liability; 5 Audit; 9 Data Practices; 14 Governing Law, Jurisdiction and Venue. 2. Grant of Monies Grant Amount. The County agrees to make available to the City during the term of this Agreement $71,300 for the purpose of reimbursing the City for eligible costs to complete the project. In no event will the County’s obligation exceed the Grant Amount. 3. Obligations of the City. 3.1. The objective of the project is to implement the Natural Resource Management plan for Carroll's Woods/Schwarz Pond Park by (1) restoring native plant communities, (2) improving water quality, vegetation and aquatic life of the wetland, (3) improving wildlife habitat, and (4) increasing biological diversity. 3.2. Use of Funds. The City shall use the proceeds of this grant only for the eligible costs of the project as described in this Agreement. 3.3. Administration and Supervision. The City shall be responsible for the administration, supervision, management, and oversight of the Project as required for the work performed. 3.4. Acknowledgment of Funding Source. The City shall include a statement on printed, online, and other materials related to the Project that funds for the Project were provided (in part when appropriate) by the County. If the City Project includes improvements to real property, buildings or fixtures, the City shall post a project identification sign in a prominent location while work is in progress and after completion stating that the Project was made possible (in part when appropriate) through a grant funded by the Dakota County Environmental Legacy Fund. 3.5. City Contribution. The City shall obtain and contribute its own funds to the project in an amount and consistent with the grant application submitted by the City for this project. The City will provide $70,000 in matching City funds for this project, consistent with the City’s grant application. 4. Reimbursement. 4.1. The City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with the Agreement. Project costs incurred by the City or its contractors prior to the Effective Date of this Agreement are not eligible for reimbursement from this grant. 4.2. The County will reimburse the City within 45 days of the City’s submission of invoices to the County. Invoices must be submitted in a form acceptable to the County. All requests for reimbursement must be submitted before expiration of the Agreement. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. 5. Accounting, Record and Audit Requirements. 5.1. Accounting and Record Keeping. The City agrees to establish and maintain a separate account for the Project and to maintain accurate and complete books, records, documents and other evidence pertaining to the costs and expenses of the Project. 5.2. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. 6. Reports. 6.1. Progress Reports. The City shall submit reports, at least semi-annually each calendar year of the grant term, on the progress of the Project. The report shall describe the financial, construction, and consulting activities undertaken for the Project and shall provide sufficient documentation of grant eligible expenditures and such other information as County staff reasonably requests. The reports shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 6.2. Final Report. Within three (3) months following the expiration of this Agreement, the City shall submit a final report in a format determined by the County, detailing the total Project activities, expenditures and receipts and containing a statement by the City administrator that all grant funds were expended in accordance with this Agreement. The final report shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 7. Authorized Representatives. The County's authorized representative is: Erin Stwora Physical Development Assistant Director 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7153 Email: erin.stwora@co.dakota.mn.us Erin Stwora, or her successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The City’s authorized representative is: William Droste Mayor City of Rosemount 2875 145th Street West Rosemount, MN 55068 Telephone: (651) 423-4411 Email: mayor@ci.rosemount.mn.us 8. Indemnification; Liability; Insurance. The City agrees to indemnify, save, and hold harmless the County, its agents and employees from any claims or causes of action, including attorney’s fees, incurred by the County that arise from the performance of the Project funded, or partially funded, through this Agreement. The indemnification obligations do not apply in the event the claim or cause of action is the result of the County’s sole negligence. This clause shall not be construed to bar any legal remedies the County may have for the City’s failure to fulfill its obligations under this Agreement. The Parties agree that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from the Project, the City agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the term of the Project. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 9. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City related to this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as applicable Federal regulations on data privacy. The City agrees to abide by these statutes, rules and regulations. 10. Assignment; Use of Contractors. 5. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 6. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement. (b) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (c) The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the County as an additional insured, and provide to the County prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage. (d) The contractor must be an independent contractor for the purposes of completing the contracted work. (e) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (f) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. 11. Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. 12. Permits and Approvals. The City is responsible for obtaining all applicable local and state licenses, permits and authorizations necessary for completing the Project. 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons that participate in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Default and Remedies. 15.1. Events of Default. Unless waived in writing by the County, the following shall, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. 15.2. Notice of Event of Default and Opportunity to Cure. Upon the County providing the City with a written notice of an event of default, the City shall have thirty (30) days in which to cure such event of default, or such longer period of time as agreed to by the Parties (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. 15.3. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County may enforce any additional remedies it may have in law or equity. (c) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. 16. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 17. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral is binding on either party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA ________________________________ Assistant County Attorney/Date By: Matt Smith County Manager Date: ___________________________ Resolution No. 18-___ County Contract No. ___________ CITY OF ROSEMOUNT _________________________________ By: William Droste Title: Mayor Date: ____________________________ ___________________________________ By: Jeff May Title: Deputy City Clerk Date: ____________________________ KS18-183-005 ELF Grant Rosemount for Carrols Woods-Schwarz Pond Park Restoration Project v1 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2018 ENVIRONMENTAL LEGACY FUND GRANT This grant Agreement (Agreement) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, 1590 Highway 55, Hastings, Minnesota 55033 (“County”), and the City of Rosemount (“City”), by and through their respective governing bodies. RECITALS The County receives funds from operating landfills located in the County pursuant to host fee agreements entered into by the County and the landfill owners; and The County holds the landfill host fee payments in a special revenue fund referred to as the Environmental Legacy Fund for the purpose of protection, preservation or enhancement of the environment; and In 2018 the County established a pilot program to offer grants to cities having an operating landfill within its political boundary in recognition of the detrimental impacts of landfills on these cities; and The City submitted a grant application for its Rosemount Greenway Corridor Dunmore Segment project; and The Dakota County Board of Commissioners has approved awarding grant funds to the City for the Rosemount Greenway Corridor Dunmore Segment project as being consistent with Environmental Legacy Fund purposes and to assist in mitigating the impacts of hosting an operating landfill; and The City represents that it is qualified and willing to utilize the grant funds consistent with its grant application and this Agreement. Now, Therefore, in consideration of the mutual promises and covenants herein, the County and the City agree as follows: 1. Term of Agreement. 1.1. Effective Date. This Agreement is effective as of the date of signature by all parties. 1.2. Term. This Agreement shall continue for two years from the Effective Date, or until all project tasks are completed by the City, whichever occurs first 1.3. Extension. If the City determines that it is unable to complete the project tasks funded by the ELF grant prior to the expiration of the Term, the City may submit a written request to the County to extend the term of this Agreement. The County shall promptly consider the matter and approve or deny the request. 1.4. Survival of Terms. The following clauses survive the expiration of this Agreement: 8 Liability; 5 Audit; 9 Data Practices; 14 Governing Law, Jurisdiction and Venue. 2. Grant of Monies Grant Amount. The County agrees to make available to the City during the term of this Agreement $23,900 for the purpose of reimbursing the City for eligible costs to complete the project. In no event will the County’s obligation exceed the Grant Amount. 3. Obligations of the City. 3.1. The objective of the project is to prepare construction plans and specifications for the Dunmore Segment of the Rosemount Greenway Corridor trail along the east side of the Dunmore development. 3.2. Use of Funds. The City shall use the proceeds of this grant only for the eligible costs of the project as described in this Agreement. 3.3. Administration and Supervision. The City shall be responsible for the administration, supervision, management, and oversight of the Project as required for the work performed. 3.4. Acknowledgment of Funding Source. The City shall include a statement on printed, online, and other materials related to the Project that funds for the Project were provided (in part when appropriate) by the County. If the City Project includes improvements to real property, buildings or fixtures, the City shall post a project identification sign in a prominent location while work is in progress and after completion stating that the Project was made possible (in part when appropriate) through a grant funded by the Dakota County Environmental Legacy Fund. 3.5. City Contribution. The City shall obtain and contribute its own funds to the project in an amount and consistent with the grant application submitted by the City for this project. The City will provide $5,000 in matching City funds for this project, consistent with the City’s grant application. 4. Reimbursement. 4.1. The City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with the Agreement. Project costs incurred by the City or its contractors prior to the Effective Date of this Agreement are not eligible for reimbursement from this grant. 4.2. The County will reimburse the City within 45 days of the City’s submission of invoices to the County. Invoices must be submitted in a form acceptable to the County. All requests for reimbursement must be submitted before expiration of the Agreement. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. 5. Accounting, Record and Audit Requirements. 5.1. Accounting and Record Keeping. The City agrees to establish and maintain a separate account for the Project and to maintain accurate and complete books, records, documents and other evidence pertaining to the costs and expenses of the Project. 5.2. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. 6. Reports. 6.1. Progress Reports. The City shall submit reports, at least semi-annually each calendar year of the grant term, on the progress of the Project. The report shall describe the financial, construction, and consulting activities undertaken for the Project and shall provide sufficient documentation of grant eligible expenditures and such other information as County staff reasonably requests. The reports shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 6.2. Final Report. Within three (3) months following the expiration of this Agreement, the City shall submit a final report in a format determined by the County, detailing the total Project activities, expenditures and receipts and containing a statement by the City administrator that all grant funds were expended in accordance with this Agreement. The final report shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 7. Authorized Representatives. The County's authorized representative is: Erin Stwora Physical Development Assistant Director 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7153 Email: erin.stwora@co.dakota.mn.us Erin Stwora, or her successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The City’s authorized representative is: William Droste Mayor City of Rosemount 2875 145th Street West Rosemount, MN 55068 Telephone: (651) 423-4411 Email: mayor@ci.rosemount.mn.us 8. Indemnification; Liability; Insurance. The City agrees to indemnify, save, and hold harmless the County, its agents and employees from any claims or causes of action, including attorney’s fees, incurred by the County that arise from the performance of the Project funded, or partially funded, through this Agreement. The indemnification obligations do not apply in the event the claim or cause of action is the result of the County’s sole negligence. This clause shall not be construed to bar any legal remedies the County may have for the City’s failure to fulfill its obligations under this Agreement. The Parties agree that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from the Project, the City agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the term of the Project. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 9. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City related to this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as applicable Federal regulations on data privacy. The City agrees to abide by these statutes, rules and regulations. 10. Assignment; Use of Contractors. 5. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 6. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement. (b) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (c) The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the County as an additional insured, and provide to the County prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage. (d) The contractor must be an independent contractor for the purposes of completing the contracted work. (e) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (f) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. 11. Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. 12. Permits and Approvals. The City is responsible for obtaining all applicable local and state licenses, permits and authorizations necessary for completing the Project. 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons that participate in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Default and Remedies. 15.1. Events of Default. Unless waived in writing by the County, the following shall, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. 15.2. Notice of Event of Default and Opportunity to Cure. Upon the County providing the City with a written notice of an event of default, the City shall have thirty (30) days in which to cure such event of default, or such longer period of time as agreed to by the Parties (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. 15.3. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County may enforce any additional remedies it may have in law or equity. (c) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. 16. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 17. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral is binding on either party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA ________________________________ Assistant County Attorney/Date By: Matt Smith County Manager Date: ___________________________ Resolution No. 18-___ County Contract No. ___________ CITY OF ROSEMOUNT _________________________________ By: William Droste Title: Mayor Date: ____________________________ ___________________________________ By: Jeff May Title: Deputy City Clerk Date: ____________________________ KS18-183-006 ELF Grant Rosemount Greenway Corridor Dunmore Segment Project v1 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2018 ENVIRONMENTAL LEGACY FUND GRANT This grant Agreement (Agreement) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, 1590 Highway 55, Hastings, Minnesota 55033 (“County”), and the City of Rosemount (“City”), by and through their respective governing bodies. RECITALS The County receives funds from operating landfills located in the County pursuant to host fee agreements entered into by the County and the landfill owners; and The County holds the landfill host fee payments in a special revenue fund referred to as the Environmental Legacy Fund for the purpose of protection, preservation or enhancement of the environment; and In 2018 the County established a pilot program to offer grants to cities having an operating landfill within its political boundary in recognition of the detrimental impacts of landfills on these cities; and The City submitted a grant application for its Rosemount Greenway Corridor Horseshoe Lake Segment project; and The Dakota County Board of Commissioners has approved awarding grant funds to the City for the Rosemount Greenway Corridor Horseshoe Lake Segment project as being consistent with Environmental Legacy Fund purposes and to assist in mitigating the impacts of hosting an operating landfill; and The City represents that it is qualified and willing to utilize the grant funds consistent with its grant application and this Agreement. Now, Therefore, in consideration of the mutual promises and covenants herein, the County and the City agree as follows: 1. Term of Agreement. 1.1. Effective Date. This Agreement is effective as of the date of signature by all parties. 1.2. Term. This Agreement shall continue for two years from the Effective Date, or until all project tasks are completed by the City, whichever occurs first 1.3. Extension. If the City determines that it is unable to complete the project tasks funded by the ELF grant prior to the expiration of the Term, the City may submit a written request to the County to extend the term of this Agreement. The County shall promptly consider the matter and approve or deny the request. 1.4. Survival of Terms. The following clauses survive the expiration of this Agreement: 8 Liability; 5 Audit; 9 Data Practices; 14 Governing Law, Jurisdiction and Venue. 2. Grant of Monies Grant Amount. The County agrees to make available to the City during the term of this Agreement $32,100 for the purpose of reimbursing the City for eligible costs to complete the project. In no event will the County’s obligation exceed the Grant Amount. 3. Obligations of the City. 3.1. The objective of the project is to prepare construction plans and specifications for the Horseshoe Lake Segment of the Rosemount Greenway Corridor trail through the Belle Vista development and adjacent to Horseshoe Lake. 3.2. Use of Funds. The City shall use the proceeds of this grant only for the eligible costs of the project as described in this Agreement. 3.3. Administration and Supervision. The City shall be responsible for the administration, supervision, management, and oversight of the Project as required for the work performed. 3.4. Acknowledgment of Funding Source. The City shall include a statement on printed, online, and other materials related to the Project that funds for the Project were provided (in part when appropriate) by the County. If the City Project includes improvements to real property, buildings or fixtures, the City shall post a project identification sign in a prominent location while work is in progress and after completion stating that the Project was made possible (in part when appropriate) through a grant funded by the Dakota County Environmental Legacy Fund. 3.5. City Contribution. The City shall obtain and contribute its own funds to the project in an amount and consistent with the grant application submitted by the City for this project. The City will provide $15,000 in matching City funds for this project, consistent with the City’s grant application. 4. Reimbursement. 4.1. The City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with the Agreement. Project costs incurred by the City or its contractors prior to the Effective Date of this Agreement are not eligible for reimbursement from this grant. 4.2. The County will reimburse the City within 45 days of the City’s submission of invoices to the County. Invoices must be submitted in a form acceptable to the County. All requests for reimbursement must be submitted before expiration of the Agreement. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. 5. Accounting, Record and Audit Requirements. 5.1. Accounting and Record Keeping. The City agrees to establish and maintain a separate account for the Project and to maintain accurate and complete books, records, documents and other evidence pertaining to the costs and expenses of the Project. 5.2. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. 6. Reports. 6.1. Progress Reports. The City shall submit reports, at least semi-annually each calendar year of the grant term, on the progress of the Project. The report shall describe the financial, construction, and consulting activities undertaken for the Project and shall provide sufficient documentation of grant eligible expenditures and such other information as County staff reasonably requests. The reports shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 6.2. Final Report. Within three (3) months following the expiration of this Agreement, the City shall submit a final report in a format determined by the County, detailing the total Project activities, expenditures and receipts and containing a statement by the City administrator that all grant funds were expended in accordance with this Agreement. The final report shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 7. Authorized Representatives. The County's authorized representative is: Erin Stwora Physical Development Assistant Director 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7153 Email: erin.stwora@co.dakota.mn.us Erin Stwora, or her successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The City’s authorized representative is: William Droste Mayor City of Rosemount 2875 145th Street West Rosemount, MN 55068 Telephone: (651) 423-4411 Email: mayor@ci.rosemount.mn.us 8. Indemnification; Liability; Insurance. The City agrees to indemnify, save, and hold harmless the County, its agents and employees from any claims or causes of action, including attorney’s fees, incurred by the County that arise from the performance of the Project funded, or partially funded, through this Agreement. The indemnification obligations do not apply in the event the claim or cause of action is the result of the County’s sole negligence. This clause shall not be construed to bar any legal remedies the County may have for the City’s failure to fulfill its obligations under this Agreement. The Parties agree that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from the Project, the City agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the term of the Project. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 9. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City related to this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as applicable Federal regulations on data privacy. The City agrees to abide by these statutes, rules and regulations. 10. Assignment; Use of Contractors. 5. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 6. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement. (b) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (c) The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the County as an additional insured, and provide to the County prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage. (d) The contractor must be an independent contractor for the purposes of completing the contracted work. (e) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (f) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. 11. Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. 12. Permits and Approvals. The City is responsible for obtaining all applicable local and state licenses, permits and authorizations necessary for completing the Project. 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons that participate in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Default and Remedies. 15.1. Events of Default. Unless waived in writing by the County, the following shall, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. 15.2. Notice of Event of Default and Opportunity to Cure. Upon the County providing the City with a written notice of an event of default, the City shall have thirty (30) days in which to cure such event of default, or such longer period of time as agreed to by the Parties (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. 15.3. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County may enforce any additional remedies it may have in law or equity. (c) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. 16. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 17. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral is binding on either party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA ________________________________ Assistant County Attorney/Date By: Matt Smith County Manager Date: ___________________________ Resolution No. 18-___ County Contract No. ___________ CITY OF ROSEMOUNT _________________________________ By: William Droste Title: Mayor Date: ____________________________ ___________________________________ By: Jeff May Title: Deputy City Clerk Date: ____________________________ KS18-183-007 ELF Grant Rosemount Greenway Corridor Horseshoe Lake Segment Project v1 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2018 ENVIRONMENTAL LEGACY FUND GRANT This grant Agreement (Agreement) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, 1590 Highway 55, Hastings, Minnesota 55033 (“County”), and the City of Rosemount (“City”), by and through their respective governing bodies. RECITALS The County receives funds from operating landfills located in the County pursuant to host fee agreements entered into by the County and the landfill owners; and The County holds the landfill host fee payments in a special revenue fund referred to as the Environmental Legacy Fund for the purpose of protection, preservation or enhancement of the environment; and In 2018 the County established a pilot program to offer grants to cities having an operating landfill within its political boundary in recognition of the detrimental impacts of landfills on these cities; and The City submitted a grant application for its Horseshoe Lake Park project; and The Dakota County Board of Commissioners has approved awarding grant funds to the City for the Horseshoe Lake Park project as being consistent with Environmental Legacy Fund purposes and to assist in mitigating the impacts of hosting an operating landfill; and The City represents that it is qualified and willing to utilize the grant funds consistent with its grant application and this Agreement. Now, Therefore, in consideration of the mutual promises and covenants herein, the County and the City agree as follows: 1. Term of Agreement. 1.1. Effective Date. This Agreement is effective as of the date of signature by all parties. 1.2. Term. This Agreement shall continue for two years from the Effective Date, or until all project tasks are completed by the City, whichever occurs first 1.3. Extension. If the City determines that it is unable to complete the project tasks funded by the ELF grant prior to the expiration of the Term, the City may submit a written request to the County to extend the term of this Agreement. The County shall promptly consider the matter and approve or deny the request. 1.4. Survival of Terms. The following clauses survive the expiration of this Agreement: 8 Liability; 5 Audit; 9 Data Practices; 14 Governing Law, Jurisdiction and Venue. 2. Grant of Monies Grant Amount. The County agrees to make available to the City during the term of this Agreement $250,000 for the purpose of reimbursing the City for eligible costs to complete the project. In no event will the County’s obligation exceed the Grant Amount. 3. Obligations of the City. 3.1. The objective of the project is to development a nature based park adjacent to Horseshoe Lake to serve as a local and regional recreation resource, with access to the nearby county regional trail. 3.2. Use of Funds. The City shall use the proceeds of this grant only for the eligible costs of the project as described in this Agreement. 3.3. Administration and Supervision. The City shall be responsible for the administration, supervision, management, and oversight of the Project as required for the work performed. 3.4. Acknowledgment of Funding Source. The City shall include a statement on printed, online, and other materials related to the Project that funds for the Project were provided (in part when appropriate) by the County. If the City Project includes improvements to real property, buildings or fixtures, the City shall post a project identification sign in a prominent location while work is in progress and after completion stating that the Project was made possible (in part when appropriate) through a grant funded by the Dakota County Environmental Legacy Fund. 3.5. City Contribution. The City shall obtain and contribute its own funds to the project in an amount and consistent with the grant application submitted by the City for this project. The City will provide $250,000 in matching City funds for this project, consistent with the City’s grant application. 4. Reimbursement. 4.1. The City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with the Agreement. Project costs incurred by the City or its contractors prior to the Effective Date of this Agreement are not eligible for reimbursement from this grant. 4.2. The County will reimburse the City within 45 days of the City’s submission of invoices to the County. Invoices must be submitted in a form acceptable to the County. All requests for reimbursement must be submitted before expiration of the Agreement. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. 5. Accounting, Record and Audit Requirements. 5.1. Accounting and Record Keeping. The City agrees to establish and maintain a separate account for the Project and to maintain accurate and complete books, records, documents and other evidence pertaining to the costs and expenses of the Project. 5.2. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. 6. Reports. 6.1. Progress Reports. The City shall submit reports, at least semi-annually each calendar year of the grant term, on the progress of the Project. The report shall describe the financial, construction, and consulting activities undertaken for the Project and shall provide sufficient documentation of grant eligible expenditures and such other information as County staff reasonably requests. The reports shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 6.2. Final Report. Within three (3) months following the expiration of this Agreement, the City shall submit a final report in a format determined by the County, detailing the total Project activities, expenditures and receipts and containing a statement by the City administrator that all grant funds were expended in accordance with this Agreement. The final report shall include any specific performance measures the City included in its grant application, or other measures mutually agreed to by the Parties. 7. Authorized Representatives. The County's authorized representative is: Erin Stwora Physical Development Assistant Director 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7153 Email: erin.stwora@co.dakota.mn.us Erin Stwora, or her successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The City’s authorized representative is: William Droste Mayor City of Rosemount 2875 145th Street West Rosemount, MN 55068 Telephone: (651) 423-4411 Email: mayor@ci.rosemount.mn.us 8. Indemnification; Liability; Insurance. The City agrees to indemnify, save, and hold harmless the County, its agents and employees from any claims or causes of action, including attorney’s fees, incurred by the County that arise from the performance of the Project funded, or partially funded, through this Agreement. The indemnification obligations do not apply in the event the claim or cause of action is the result of the County’s sole negligence. This clause shall not be construed to bar any legal remedies the County may have for the City’s failure to fulfill its obligations under this Agreement. The Parties agree that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from the Project, the City agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the term of the Project. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 9. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City related to this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as applicable Federal regulations on data privacy. The City agrees to abide by these statutes, rules and regulations. 10. Assignment; Use of Contractors. 5. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 6. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement. (b) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (c) The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the County as an additional insured, and provide to the County prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage. (d) The contractor must be an independent contractor for the purposes of completing the contracted work. (e) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (f) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. 11. Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. 12. Permits and Approvals. The City is responsible for obtaining all applicable local and state licenses, permits and authorizations necessary for completing the Project. 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons that participate in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Default and Remedies. 15.1. Events of Default. Unless waived in writing by the County, the following shall, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. 15.2. Notice of Event of Default and Opportunity to Cure. Upon the County providing the City with a written notice of an event of default, the City shall have thirty (30) days in which to cure such event of default, or such longer period of time as agreed to by the Parties (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. 15.3. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County may enforce any additional remedies it may have in law or equity. (c) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. 16. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 17. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral is binding on either party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA ________________________________ Assistant County Attorney/Date By: Matt Smith County Manager Date: ___________________________ Resolution No. 18-___ County Contract No. ___________ CITY OF ROSEMOUNT _________________________________ By: William Droste Title: Mayor Date: ____________________________ ___________________________________ By: Jeff May Title: Deputy City Clerk Date: ____________________________ KS18-183-004 2018 ELF Grant Rosemount Horseshoe Lake Park Project v1