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HomeMy WebLinkAboutVIII-07 Revised Joint Powers Agreement - Shared Solid Waste & Recycling Coordinator Position City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: September 19, 2022 Item: Revised Joint Powers Agreement: Shared Solid Waste & Recycling Coordinator Position Council Action Requested: Approve the attached Revised Joint Powers Agreement for a shared Solid Waste & Recycling Coordinator position between the cities of Hastings, Rosemount, and Farmington. Background Information: On April 4, 2022, City Council approved a JPA for this shared position. Since that time, it has become apparent that the most effective process for the Community Waste Abatement Grant is to have the Recycling Coordinator submit one (1) grant on behalf of all three (3) cities. The previous JPA required three (3) separate grants, which are time consuming documents. This is the only substantive change to the JPA. This Revised JPA supersedes and repeals all prior agreements. Attorneys from Hastings, Rosemount, and Farmington have all reviewed and approved the content of this JPA. Staff recommend approval of the attached Revised Joint Powers Agreement. Financial Impact: No alteration to the prior financial commitment for Hastings. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ Revised Joint Powers Agreement VIII-07 Page 1 of 6 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 VIII-07 Page 2 of 6 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- VIII-07 Page 3 of 6 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. VIII-07 Page 4 of 6 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 VIII-07 Page 5 of 6 Dated: __________________________ CITY OF HASTINGS BY: ________________________________________ Its Mayor AND: _______________________________________ Its City Clerk VIII-07 Page 6 of 6 Dated: __________________________ CITY OF ROSEMOUNT BY: ________________________________________ Its Mayor AND: _______________________________________ Its City Clerk VIII-07