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