HomeMy WebLinkAbout6.i. Joint Powers Agreement to Submit a Joint Grant Application for Solid Waste and Recycling Funding
EXECUTIVE SUMMARY
City Council Meeting Date: September 20, 2022
AGENDA ITEM: Joint Powers Agreement to Submit a
Joint Grant Application for Solid Waste
and Recycling Funding
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.i.
ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve a Joint Powers Agreement to submit a joint
Community Waste Abatement Grant application for 2023 on behalf of the cities of
Rosemount, Hastings and Farmington
BACKGROUND
The Dakota County Environmental Management Department has established funds to be allocated to the
communities of Dakota County for the purpose of funding a Recycling and Solid Waste Management
Program. The County makes these funds available to the cities to help defray the cost of administering a
solid waste and recycling program.
Over the past several years the cities of Rosemount, Farmington and Hastings have all applied individually
to receive the County funding. Because we now have a new shared Solid Waste and Recycling Coordinator
between the three cities, staff is recommending that we submit a joint Community Waste Abatement
Grant application for 2023. The City of Rosemount would submit a waste abatement program application
for itself and the cities of Farmington and Hastings. This type of application is also used by two other local
consortiums, Dakota Valley Recycling (cities of Apple Valley, Burnsville, Lakeville and Eagan) and the
joint effort by the cities of West St. Paul, Lilydale, Sunfish Lake, Mendota Heights and South St. Paul.
RECOMMENDATION
Staff recommends the Council approve a Joint Powers Agreement to submit a joint Community Waste
Abatement Grant application for 2023 on behalf of the cities of Rosemount, Hastings and Farmington.
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JOINT POWERS AGREEMENT
TO PROVIDE RECYCLING SERVICES
AGREEMENT made this ______ day of _______________ 2022 by and among the Cities of
ROSEMOUNT, HASTINGS, and FARMINGTON (hereinafter individually referred to as the “City”
and collectively referred to as the “Cities”).
1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statute § 471.59.
2. PURPOSE. The purpose of this Agreement is to provide recycling services for the Cities to
fulfill responsibilities pursuant to a waste abatement program implemented by Dakota County
(“Dakota County” or “County”).
3. WASTE ABATEMENT PROGRAM SERVICE. The City of Rosemount shall implement a
waste abatement program (“Program”) as described in the Dakota County Community Waste
Abatement Grant Application (“Application”) for itself and the cities of Farmington and
Hastings.
If either the City of Hastings or the City of Farmington desire additional waste abatement services
outside of those described in the Application, the City desiring the additional service(s) may enter
into a separate agreement with Rosemount for those services and pay for those services with
funds other than those awarded pursuant to the County’s waste abatement grant.
4. FINANCE.
A. The City of Rosemount shall act as the fiscal agent for the Cities and shall maintain a
separate fund for the purpose of operating the Program. The City of Rosemount is
authorized to pay Program expenses and receive reimbursements.
B. For each calendar year of the Program, the City of Rosemount, following review and
consultation with the other Cities in August and September of that year, shall submit an
application on behalf of the three Cities for a Dakota County Community Waste
Abatement Grant.
C. The City of Rosemount shall submit a reimbursement request that complies with the
Dakota County Community Waste Abatement Grant Program Guidelines and
Application.
D. The City of Rosemount shall purchase equipment and supplies for the Program through
procedures that, in Rosemount’s discretion, are most beneficial to the Program. Contracts
let and purchases made shall conform to statutory requirements applicable to the Cities.
5. CONTRIBUTIONS OF FACILITIES AND FUNDS BY CITIES.
A. Each City shall determine which of its resources will be available to the Program,
including specifically any facilities, equipment, funds, or personnel to be made available
for Program activities. Each City will use reasonable efforts to provide a workspace with
appropriate office supplies and equipment to allow a Solid Waste and Recycling
Coordinator to fulfill the requirements of the Program. If a City chooses to have the
coordinator spend office time at their facility, that City will provide a workspace with
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appropriate office supplies and equipment to allow the Solid Waste and Recycling
Coordinator to fulfill the requirements of the Program.
B. The Cities anticipate that the Program will be fully funded by Dakota County with some
City in-kind waste diversion activity or funding by each City as a percentage match
determined by the County to the County’s funding. The Cities will attempt to operate
within the funding provided by Dakota County, but it is feasible that the costs to operate
the Program could potentially be higher than the funding provided. In the case of a
funding shortage, Cities shall make up the funding deficit in the below manner for each
situation described:
1) If costs are higher than funding: Rosemount shall alert the Cities as soon as it is
aware that the potential exists for a funding shortage and shall attempt to make
modifications to the services that still meet the requirements of the Program to offset
the shortage prior to the shortage occurring. If measures cannot be taken to address
the shortage, the shortage shall be made up by the Cities according to the grant
funding percentage paid to or on behalf of each City in relation to the total grant
funding received by the Cities (as determined by the County’s grant funding
allocation model).
2) If a City does not provide its in-kind waste diversion or funding or inaccurately
report it to Rosemount by required deadlines in accordance with County
requirements, then that City shall be responsible for any funding shortage associated
with its lack of reporting or failure to provide its in-kind waste diversion or funding.
C. The Solid Waste and Recycling Coordinator in charge of the Program will be housed in
the Rosemount Community Center. The Parks Supervisor will supervise the Solid Waste
and Recycling Coordinator with input from designated supervisory contacts in
Farmington and Hastings.
6. PERSONNEL. The City of Rosemount shall establish standards and qualifications for its
personnel. Rosemount’s Recycling Services personnel shall be deemed employees of the City of
Rosemount, not of the other member Cities. Rosemount personnel shall be responsible for
carrying out the Program and the terms and conditions of the Application and any resulting grant.
7. INSURANCE AND INDEMNIFACTION.
A. General Liability Insurance. Each individual City agrees to maintain in force
comprehensive general liability insurance equal to or greater than the maximum liability
for tort claims under Minn. Stat. § 466.04. Each City shall maintain public liability
insurance coverage on the Public Resources made available for the Program. If any City
is notified that its insurance is cancelled, it will immediately notify the other Cities in
writing. If any City is unable to obtain or keep in force at least the minimum coverage
required by this paragraph, any City may withdraw from this Agreement after giving the
other member Cities as least thirty (30) days written notice of its intent to withdraw.
B. Workers’ Compensation Insurance. Each City shall be responsible for injuries to or death
of its own employees. Each City shall maintain workers’ compensation coverage or self-
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insurance coverage, covering its own employees while they are providing services
pursuant to this Agreement. Each City waives the right to sue any other City for any
workers’ compensation benefits paid to its own employee or their dependents, even if the
injuries were caused wholly or partially by the negligence of any other City or its
officers, employees, or agents.
C. Indemnification. The Cities shall agree to indemnify and hold harmless each other and
each other’s respective employees, trustees, directors, officers, subcontractors, agents, or
other members of its workforce, each of the foregoing referred to as “indemnified party,”
and all liability to third parties arising from or in connection with any breach of this
Agreement or from any negligence or wrongful acts or omissions by the indemnifying
party or its employees, trustees, directors, officers, subcontractors, agents, or other
members of its workforce in connection with the indemnifying party’s performance under
this Agreement.
Accordingly, on demand, the indemnifying party agrees to reimburse the indemnified
party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs,
or expenses (including reasonable attorney’s fees) which may for any reason be imposed
upon any indemnified party by reason of any suit, claim, action, proceeding, or demand
by any third party that results from the indemnifying party’s breach of any provision of
this Agreement or from any negligence or wrongful acts or omissions by the
indemnifying party or its employees, trustees, directors, officers, subcontractors, agents,
or other members of its workforce in connection with the indemnifying party’s
performance under this Agreement.
The Cities agree that liability under this Agreement is controlled by Minnesota Statute §
471.59, subdivision 1a, and that the total liability for the participating cities hall not
exceed the limits on governmental liability for a single entity of government as specified
in Minnesota Statute § 466.04, subdivision 1.
8. DURATION.
A. Any City may withdraw from this agreement on December 31 of any year. Written notice
of termination must be given to the other Cities as least ninety (90) days prior thereto.
B. Upon a City’s withdrawal from the Agreement or termination of the Agreement, any
resources will be promptly returned to the City that provided a resource to the Program.
C. In the event of a written notification to withdraw, the remaining Cities shall meet to
consider modifying the Agreement to continue without the withdrawing City or to
terminate.
9. ENTIRE AGREEMENT; AMENDMENTS. This Agreement is the entire agreement between
the parties and supersedes and repeals all prior agreements among the Cities related to the
recycling service. Any amendments to this Agreement must be in writing and executed by both
parties.
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10. GOVERNING LAW. This Agreement will be governed by the laws of the State of Minnesota.
11. SEVERABILITY. Should any part of this Agreement be deemed illegal or non-binding
by a court of law, the remainder of the Agreement shall remain in effect.
12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts by the
parties.
13. NOTICES. Any notices required under this Agreement must be personally delivered or mailed
to:
Dan Schultz, City of Rosemount Parks & Recreation Director
13885 South Robert Trail
Rosemount, MN 55068
dan.schultz@rosemountmn.gov
651-322-6012
Chris Jenkins, City of Hastings Parks & Recreation Director
920 West 10th Street
Hastings, MN 55033
cjenkins@hastingsmn.gov
651-480-6176
Lynn Gorski, City of Farmington City Administrator
430 Third St.
Farmington, MN 55024
lgorski@farmingtonmn.gov
651-280-6801
IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their
respective duly authorized officers.
Dated: __________________________ CITY OF FARMINGTON
BY: ________________________________________
Its Mayor
AND: _______________________________________
Its City Clerk
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Dated: __________________________ CITY OF HASTINGS
BY: ________________________________________
Its Mayor
AND: _______________________________________
Its City Clerk
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Dated: __________________________ CITY OF ROSEMOUNT
BY: ________________________________________
Its Mayor
AND: _______________________________________
Its City Clerk