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HomeMy WebLinkAbout6.g. Approval of Joint Powers Agreement Between the County of Dakota and the Dakota County Community Development Agency and the City of Rosemount for the 2020 Environmental Legacy Fund Grant E X E C U T I V E S U M M A R Y City Council Meeting Date: August 4, 2020 AGENDA ITEM: Approval of Joint Powers Agreement Between the County of Dakota and the Dakota County Community Development Agency and the City of Rosemount for the 2020 Environmental Legacy Fund Grant AGENDA SECTION: Consent PREPARED BY: Eric Van Oss, Economic Development Coordinator AGENDA NO. 6.g. ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve Joint Powers Agreement Between the County of Dakota and the Dakota County Community Development Agency and the City of Rosemount for the 2020 Environmental Legacy Fund Grant and Authorize the Mayor and City Clerk to sign the Agreement BACKGROUND In 2015, the County Board established an Environmental Legacy Fund (ELF), with the purpose of “protection, preservation or enhancement of the environment." The Board later established a pilot program in which a portion of ELF would be directed to investments in communities impacted by landfills. On Jan. 21, 2020 the County Board approved the second round of the ELF Grant Pilot Program. Up to $3 million was available for projects that met the eligibility requirements. On April 1st, 2020 City staff submitted an application requesting $600,000 to be used for demolition and abatement costs related to the Morrison redevelopment project in Downtown Rosemount. On June 23, 2020 the Physical Development Committee of the Whole approved Rosemount’s application and awarded $500,000. On June 30, 2020, the Board of Commissioners approved $500,000 for the project. The action requested is to have the Council approve the Joint Powers Agreement and have the Mayor and City Clerk authorized to sign the agreement. The County Board will take action on the agreement in August. RECOMMENDATION Staff recommends the City Council approve a Joint Powers Agreement between the County of Dakota, the Dakota County Community Development Agency, and the City of Rosemount for the 2020 Environmental Legacy Fund Grant. Dakota County C0032964 1 ELF City of Rosemount-CDA Contract C0032964 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF ROSEMOUNT FOR 2020 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”), the Dakota County Community Development Agency, 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 Downtown Planned Unit Development project; and The Dakota County Board of Commissioners has approved awarding grant funds to the City for the Downtown Planned Unit Development 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. The City project consists primarily of development and redevelopment activities within the City; and By special legislation and by county board resolutions, the County has previously delegated its statutory redevelopment and economic development authorities to the CDA; and Now, Therefore, in consideration of the mutual promises and covenants herein, the County, the CDA and the City agree as follows: Dakota County C0032964 2 ELF City of Rosemount-CDA Contract C0032964 1. Term of Agreement. 1.1. Effective Date. This Agreement is effective as of the date of signature by all parties. Once fully executed, this Agreement is retroactive to May 1, 2020. 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 CDA to extend the term of this Agreement. The CDA shall notify the County of the extension request and 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: Section 5: Accounting, Record and Audit Requirements Section 8: Indemnification; Liability; Insurance Section 9: Government Data Practices Section 14: Governing Law, Jurisdiction, and Venue 2. Grant of Monies Grant Amount. The County will provide grant funds to the CDA after receipt of a reimbursement request from the City, up to a maximum of $500,000.00 during the term of this Agreement, and the CDA will make available to the City $500,000 to reimburse the City for eligible costs to complete the project. In no event will the obligation of the County of the CDA exceed the Grant Amount. 3. Obligations of the City. 3.1. The objective of the project is for a planned unit development located in Rosemount’s downtown development district, as more specifically provided in the City’s grant application that is incorporated herein by reference or attached as Exhibit A to this Agreement. 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 and CDA. 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 and the Dakota County Community Development Agency 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. 4. Reimbursement. Dakota County C0032964 3 ELF City of Rosemount-CDA Contract C0032964 4.1 The City may claim reimbursement for expenditures incurred by the City or by a contractor, developer or landowner working in coordination with the City on 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 Using grant funds provided by the County only, the CDA will reimburse the City within 60 days of the City’s submission of invoices to the CDA. Invoices must be submitted in a form acceptable to the County and CDA. All request 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, the CDA, the 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 simultaneously to the County and the CDA, on June 30 and December 31 each calendar year during the grant term, summarizing the status 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 and CDA 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 and CDA, 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 Dakota County C0032964 4 ELF City of Rosemount-CDA Contract C0032964 Telephone: 952.891.7153 Email: erin.stwora@co.dakota.mn.us Erin Stwora, or the successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The CDA’s authorized representative is: Tony Schertler Executive Director Community Development Agency, 1228 Town Centre Drive Eagan, MN 55123 Telephone: 651.675.4400 Email: tschertler@dakotacda.state.mn.us Tony Schertler, or the successor CDA authorized representative, 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 Indemnification; Liability; Insurance. Each party to this Agreement is liable for the acts or omissions (Collectively acts) of its own officers, employees and agents and the results of the acts to the extent allowed by law. A Party is not responsible for the acts of another Party, its officers, employees and agents and the results of the acts. Under Minnesota Statute Section 471.59 subdivision 1a, for the purpose of this Agreement the Parities are deemed to be a single governmental unit and the total cumulative liability for the Parities shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statute Section 466.04, subdivision 1. This paragraph does not protect a Party from liability for its own independent acts or omissions not directly related to this Agreement. This clause shall not be construed to bar any legal remedies Party may have for the failure of another Party to fulfill its obligations under this Agreement. 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 Dakota County C0032964 5 ELF City of Rosemount-CDA Contract C0032964 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. 8. 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. 9. Assignment; Use of Contractors. 9.1. 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, the CDA and the City. 9.2. 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 and the CDA 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 CDA 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. Dakota County C0032964 6 ELF City of Rosemount-CDA Contract C0032964 (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 or the CDA 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. 10. Amendments. Any amendment to this Agreement must be in writing and executed by the County, the CDA and the City. 11. Permits and Approvals. The City or a contractor, developer or landowner working in coordination with the City on activities that are eligible for reimbursement in accordance with the Agreements is responsible for the obtaining all application local and state licenses, permits and authorizations necessary for completing the Project. 12. 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, the CDA and the City, nor shall the County or the CDA 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 or the CDA shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 13. 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. 14. Default and Remedies. 15.1. Events of Default. Unless waived in writing by the County and the CDA, 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 or the CDA 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 nd the schedule required to cure the event of default. Dakota County C0032964 7 ELF City of Rosemount-CDA Contract C0032964 15.3. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County and the CDA may enforce any or all of the following remedies, as applicable: (a) The County may refrain from disbursing the grant monies; provided, however, the CDA may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (b) The County and the CDA may enforce any additional remedies it may have in law or equity. (c) The County and the CDA 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. 15. Waiver. If the Party 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. 16. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County, the CDA 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 By: Matt Smith Dated: Dakota County Manager CAO File #: KS-2020-00307-003 Date: ___________________________ Resolution No. 20-___ County Contract No. C0032964 Dakota County C0032964 8 ELF City of Rosemount-CDA Contract C0032964 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY __________________________________ By: Tony Schertler Title: Executive Director Date: ______________________________ CITY OF ROSEMOUNT _________________________________ By: William Droste Title: Mayor Date: ____________________________ ___________________________________ By: Erin Fasbender Title: City Clerk Date: ____________________________