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HomeMy WebLinkAbout20070416 - VI-06OFFICE OF DAKOTA COUNTY ATTORNEY Jl~1'IES G. t~flGf~ST1~4M COUNTY ATTOtZNEY VI-6 Dakota County Judicial Center Telephone 1560 Highway SS (65 I) 438-4438 Hastings, Minnesota 55033-2392 FAX: (651) 438-4479 (Civil Division) Phillip D. F'rokopowicz. Chief Deputy R~X: 165 t) 438-4500 (Criminal Division) Karen A. Schaffer, First Assistant FAX: (6511 438-4499 IJUVenile/.~.dmin Divisions Monica Jensen, Community Relations Director E-mail: attorneyC~co.dakota.rnn.us March 30, 2007 TOM BAKKEN CITY OF HASTINGS 101 4~' ST E HASTINGS MN 55033 Direct Dial: (651) 438-4460 Email: (Cathy. Scott(a~co.dakota.rrm.us RE: Joint Powers Agreement between Dakota County and the City of Hastings for Household Hazardous Waste Collection Our File No.: K-07-97 Dear Mr. Bakken: Enclosed for signature please find the above-referenced Joint Powers Agreement, which I have approved as to form. Please have the Agreement signed and forward it to Tammy Drummond, Physical Development Division, 14955 Galaxie Avenue, Apple Valley, MN 55124, to obtain the signature from the appropriate Dakota County official- A copy of the fully-executed Agreement will be sent to you for your records. Thank you for your assistance in this matter. If you should have any questions or concerns, please feel free to contact this office. Sincerely ~~~~~ Kat P. Scott Assistant County Attorney /rjn Enclosure c: Tammy Drummond, Physical Development Laura Villa, Environmental Management Criminal Division Juvenile and Protective Services Division Scott n. Hersey, Head Donald E Bruce, Head vctimnvitness Coordinator Kelly Nicholson t1 30%post-consumer Ofrice Manager Patricia Ronken .M Equal Opportunity Employer LET'Transmi[ Civil Division lay R. Stassen. Head Child Support Enforcement Division Sandra M. Torgerson, dead S• ~® JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF HASTINGS FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION This Agreement is made and entered into between Dakota County (County) and the City of Hastings (City), through their respective governing bodies. WHEREAS, the County and the City desire to organize and implement a household hazardous waste collection (collection) program to be held for the benefit of the citizens of the City; and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar powers; and WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into a joint powers agreement with the City for a household hazardous waste collection program. THEREFORE, the parties agree to organize and implement a household hazardous waste collection program subject to the following terms and conditions. 1. DEFINITIONS. For purposes of this Agreement the terms defined in Minnesota Statutes Chapter 115A shalt have the meanings given them therein except as limited, amended or otherwise defined in this Agreement. 2. TERM. This Agreement shall be effective from April 28, 2007, or the commencement of services hereunder, whichever is first, and shall continue until all services are completed unless terminated in accordance with law or the terms of this Agreement. 3. PURPOSE. This Agreement shall establish the responsibilities of the parties in jointly organizing and implementing a household hazardous waste collection program for the residents of the City. The collection date is scheduled for April 28, 2007, from 9 a.m. to 1 p.m. and may be rescheduled as mutually agreed upon. 4. CONTRACTS W17H VENDORS. The packaging, analysis, storage, transportation and disposal of wastes generated by this collection shall be governed by the terms of separate contracts between the County and its vendor(s), copies of which will be provided to the City upon request. The City acknowledges and agrees to abide by the terms of said contracts. 5. SITE. The collection site shall be located at Hastings Public Works Facility, 1225 Progress Drive, Hastings, MN 55033. 6. DUTIES OF THE PARTIES Each party shall assist in the organizational duties associated with the collection, inGuding site set-up and coordination, volunteer coordination, publicity for the collection day, and a public participation survey. In general the County will provide equipment, staff persons, publicity outside the Hastings area and coordination and reimbursement of the disposal contractor (vendor). The County will be primarily responsible for delivery and sorting of waste. The County will be providing personal safety equipment, including gloves and, as needed, protective aprons and coveralls for the workers. In general, the City will provide a site at which the collection events will take place, publicity for the purpose of advertising the collection, staffing for the collection, management of solid wastes and recyclables received during the collection, and, if planned, management and disposal of various items, such as electronics, received during the collection. The City will be primarily responsible for educational activities, cardboard recycling, traffic coordination, public participation survey, and the collection and management of lead-acid batteries and used oil. The City will provide necessary operational equipment at the site, fire extinguishers, fork lift, dumpsters, chairs, directional signs, sanitary facilities and running water. 7. WORKERS. The County shall provide at least five (5) employees andlor volunteers to staff the collection site and the City shall provide at least ten(10) employees and/or volunteers to staff the collection site. Alt workers must be at least eighteen (18) years of age and will read and be familiar with the document entitled "Site Contingency Plan" (HHWCP) prior to the collection day. Each worker must sign a statement - acknowledging that he or she is familiar with the HHWCP and that he or she will follow the proper collection procedures. The HHWCP shall be present and easily accessible to all workers at the site. 8. HAZARDOUS WASTE GENERATOR NUMBER. The County shall act as the hazardous waste generator for all household quantities of accepted hazardous waste collected at the site during the collection program on the scheduled collection days}. 9. COSTS. A. Emplovees. Each party shall be responsible for payment to their own employees. No party shall be liable for any remuneration to any other party's employee- B. The City is liable for the cost of disposal for lead-acid batteries and used oil gathered at the collection. Disposal of these materials shall be governed by agreements between the City and contractor(s) of its choice. All donations received for disposal of these materials will be applied to the costs of their disposal. C. Except as to lead-acid batteries and used oil, the County shall be responsible for all costs for packaging, storage, transportation and disposal of household hazardous waste collected. 10. LIABILITY FOR OWN ACTS. Each party to this Agreement shall be liable for the acts to of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of other party its agents, volunteers or employees. Nothing in this Agreement is intended to permit stacking of benefits or joint and several liabilities. !t is understood and agreed 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. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat_ Ch. 466. 11. SUBCONTRACTING/SUCCESSORS. A. Parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. B. Successors. Each party binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement. 12. EXCUSED DEFAULT. Force Majeure. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 13. TERMINATION. A. Any party may terminate this Agreement without cause by giving notice to the Chairperson of the County Board and the Chairperson of the official governing body of the City. The terminating party shall serve on the other party a certified copy of the resolution of the governing board indicating its intent to terminate the Agreement. This notice shalt be given at least ten (10) days before the effective date of termination and in all cases at least ten (10) days before the scheduled collection date. B. Termination shall not discharge any liability, responsibility or right of any party that arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Z C. Termination by County. The County may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written or fax notice of termination will be provided to the Contractor. The County is not obligated to pay for any services that are provided after notice and effective date of termination. Contractor will be entitled to payment for services satisfactorily performed up to the date of termination to the extent that funds are available. The Contract will not be assessed any penalty or damages if the County is terminated due to lack of funding. 14. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 15. AUTHORIZED REPRESENTATIVE. A. Authorized Representative. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifigtions and subcontracts, except that, as to the County, the authorized representative shall have only the authority specifically or generally granted by the County Board. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. To Hastings: Michael Werner, Mayor City of Hastings 101 4m St E Hastings, MN 55033 Telephone: (651) 480-2365 To County: Greg Konat, Director Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7000 In addition, notification to the County regarding breach or termination shall be provided to the Office of the County Attorney, 1560 Highway 55, Hastings, MN 55033. B. Liaison. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: City of Hastings Liaison: Tom Bakken Phone number: (651) 480-2375 County Liaison: Laura Villa Phone number: (952) 891-7548 16. COMPLIANCE WITH LAWS/STANDARDS . The City and the County agree to abide by all Federal, State or local laws; statutes, ordinances, rotes and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible- This includes, but is not limited to all Standard Assurances, which are attached and incorporated as Exhibit 1. 3 ~~ 17. MODIFICATIONS. Any 2lteralions, variations, med~a~tians, er waivQrs of the provisions o~ lh~s Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of - the County and the City. 18. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either Drat or written, other than those contained herein. 19. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA Approved by Dakota County Board Resolution No. 07-115 Greg Konat Director, Physical Development Department Date of Signature CITY OF HASTINGS Date of Signature By City Clerk Date of Signature. Appro d as to fQ A istant ounty Attorney/Date K 7-97 Contract #6985 4 SA6/CA Standard-CA Revised: 04/06 EXHIBIT I STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status- Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for raining, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in alt solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard [o race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance status. No funds received under [his Contras shall be used to provide religious or sectarian training or services- The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant [o limit, laws which may be applicable: A. The Egual Employment Ootwrtunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. C. The Rehabilitation Act of 1973 as amended, 29 U.S.C. § 701 et seq. and 4S C.F.R. 84.3 (l) and (K) implementing Sec. S04 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. ¢ 621 et seq. as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963. as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn- Slat. Ch. 363A as amended, which generally prohibits discrimination because oC race, color, creed, religion, national origin, sex, rnarital status, status with regard [o public assistance, disability, sexual orientation or age. G_ Minn. Slat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contact for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contact. H. Americans wish Disabilities Act of 199Q 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 61 I, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used, maintained, or disseminated by Contactor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Slat. Chapter 13 and [he Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data [o the public if the public data are available from the governmental agency (County), except as required by the terms of this Contract. All subcontracts shall contain the same or similaz data practices compliance requirements. 3. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996. The Contactor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) which are applicable to the Contractor's duties under this Contact [n performing its obligations under this Contact, Contractor agrees to comply with the HIPAA Privacy requirements, the HIPAA Standards for Electronic Transactions, the HIPAA security requirements, and any other applicable HIPAA laws, standards and requirements now in effect or hereinafter adopted as they become law. 5 4. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and -- practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Slat. § 16C.05, subd. 5_ Such evidences are also subject to review by the Comptroller General of [he United States, or a duly authorized representative, if federal funds are used for any work under [his Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 5. WORKER HEALTH. SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under [his Contract. Contractor shat{ make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to [he tasks engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 6. CONTRACTOR DEBARMENT. SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the Federal govemment. Similarly, Minnesota Statutes, Section I6C.03, subd. 2 provides the Comrtrissioner of Administration with the authority to debar and suspend vendors who seek to contract with the Slate/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By Signing This Contract, 77te Contractor Certifies That It And Its Principals* And Employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and B_ Have not within athree-year period preceding this Contract: I) been convicted of or had a civil judgment rendered against [hem for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract, 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a govemmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; 2) violating any Cederal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destmction of records, making false statements or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation oCany of the certifications se[ forth above. E. Shall itnmediately give written notice to the Contracting Officer should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *"Principals" for [he purposes of this certif[cation means officers: directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions). Directions for On Line Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG)website at http_-y_ig,hhs.eov:fraud'exclusionsrlistofexcludzd.hml. I:/Exh SA6-Standard-CA 6