Res 2021- 07 Approve JPA for 2021 Waste Abatement Community FundingCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
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RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BETWEEN
THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS
FOR 2021 WASTE ABATEMENT COMMUNITY FUNDING
WHEREAS, the Minnesota State Legislature has. mandated that communities in the
metropolitan area implement recycling programs in order to reduce the volume of waste
being taken for burial in landfills; and
WHEREAS, Dakota County has adopted. a solid waste master plan which sets goals
and targets for the accomplishment of solid waste recycling in each community in the
county; and
WHEREAS, Dakota County provides the local communities with grant funding for
implementation and maintenance of local community recycling programs; and
WHEREAS, the City of Mendota Heights has participated faithfully and successfully
in the Community Landfill Abatement Program from 1989 to 2020 and will continue to
participate in 2021.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the
City of Mendota Heights does hereby approve the Joint Powers Agreement for 2021 Waste
Abatement Community Funding.
Adopted by the Mendota Heights City Council this 12th day of January, 2021.
ATTEST:
CITY COUNCIL
COMMUNITY WASTE ABATEMENT
2021 GRANT AGREEMENT
This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County
of Dakota, acting through its Environmental Resources Department (County) and City of West St. Paul, acting as the fiscal
agent for the Cities of South St. Paul, Mendota Heights, Sunfish Lake, and Lilydale (Grantee).
WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551);
and
WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste
abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and
WHEREAS; the Dakota County Solid Waste Master Plan (Master Plan) governs all solid waste management in the
County (Minn. Stat. § 115A.46); and
WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the
Master Plan (Minn. Stat. § 115A.46); and
WHEREAS, the Master Plan supports performance -based funding for municipalities to develop and implement waste
abatement programs, education, and outreach; and
WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the
Community Waste Abatement Grant Program; and
WHEREAS, funding amounts are established by the County Board each year as part of the Environmental Resources
Department (Department) budget; and
WHEREAS, the Grantee agrees to perform all activities described in this Agreement and Dakota County Waste
Abatement Community Grant Program Exhibits 1 (Guidelines) and 2 (Application) (collectively referred to as the
"Exhibits") to the satisfaction of the County.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants
contained in this Agreement, the County and the Grantee agree as follows:
AGREEMENT
1. PURPOSE. The purpose of this Agreement is to provide grant funding to eligible municipalities to implement solid
wastea aenen activities as described in this Agreement and the Exhibits.
2. ELIGIBILITY. Eligible municipalities include Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove
Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St, Paul.
3. PARTIES. The parties to this Agreement are the County and Grantee, collectively referred to as the "parties".
4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall commence on
January 1, 2021 and terminate December 31, 2021, unless earlier terminated by law or according to the provisions of
this Agreement.
A. The activities identified in Exhibit 2 must be completed between January 1, 2021 and December 31, 2021.
B. To obtain reimbursement for the activities identified in Exhibit 2, and completed between January 1, 2021 and
December 31, 2021, a reimbursement request must be submitted on or before March 15, 2022.
5. GRANTEE OBLIGATIONS. The Grantee shall:
A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master
Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and the Exhibits.
B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1.
C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County
report forms (Exhibit 2) and additional agreed -upon reporting tools provided by the County Liaison.
6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantee may use allocated funds only on eligible items as identified in
Exhibit 1 and completed within the calendar year of this Agreement. Other waste abatement expenses may be eligible
with prior written approval from the County Liaison.
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FUNDING AMOUNT. Grantees receive performance -based funding in part from apass-through grant from the State.
Funding amounts are contingent upon available State and County funds and reflect the funding levels approved by
the County Board as part of the annual budget. Base Funding is allocated for administration, residential
communications, municipal facilities best management verification and employee education, and special collections.
Optional Supplemental Funding is allocated for multifamily recycling, municipal facilitieslparks infrastructure or reuse,
in -person education, event recycling/organics, and to meet funding gaps ineligible grant categories. The allocated
funding for the Grantee, or the fiscal agent of a legal entity acting on its behalf, shall be in the total amount not to
exceed $96,827.70, as set forth in Exhibit 2.
8. FUNDING MATCH. Grantees shall provide a 25% match of the total reimbursed grant funding amount through a cash
match, in -kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the
grant (i.e., any eligible expenses, whether new or ongoing).
9. FUNDING SOURCE ACKNOWLEDGEMENT. Provide funding source credit on all print materials, written as: Partially
funded by Dakota County and the Minnesota Pollution Control Agency.
10. RECORDS. The Grantee shall maintain financial and other records and accounts in accordance with requirements of
the County and the State of Minnesota. The Grantee shall manage funds in a dedicated account, maintain strict
accountability of all funds and maintain records of ali receipts and disbursements. Such records and accounts shall be
maintained in a form which will permit the tracing of funds and program income to final expenditure. All records and
accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt
of payment from the County pursuant to this Agreement.
11. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set
forth in this Agreement and the Exhibits on a report form provided by the County. Grantees may request
reimbursement for eligible expenses, Tess revenues or other funds received, incurred in connection with the
performance of activities in accordance with this Agreement and the Exhibits on a reimbursement form provided by
the County.
Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calendar year and by
January 15 following the grant calendar year. The Grantee must certify that the requested reimbursements are
accurate, appropriate and eligible in accordance with this Agreement, that the Grantee has submitted complete
documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not
been otherwise reimbursed.
Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial
reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary
and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for
reimbursement for each individual municipality.
Reimbursement request payment will not be made for activities with incomplete documentation. Complete
reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be
made to the Grantee within 30 calendar days of approved reimbursement request submissions. No reimbursements
will be made for expenditures incurred prior to the effective date of this Agreement or for reimbursement requests
received after February 15 following the grant calendar year.
12. FAILURE TO PERFORM. Upon review of each Grantee report, the County Liaison will notify the Grantee in writing of
any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of
the County within the terms of this Agreement.
13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve
modifications to the Funding Amount activities as requested by the Grantee, as long as the amount payable does not
exceed the amount allocated in Section 7 and so long as the proposed modifications are consistent with the
Agreement and Exhibits. The County Liaison shall have the authority to approve modifications to the Application
activities and related expenses within a funding category as requested by the Grantee, so long as the proposed
modifications are consistent with the Agreement and Exhibits.
14. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased
by the Grantee or by the County and provided to the Grantee to fulfill Grant obligations shall be the sole property of
the Grantee.
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15. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and
the results thereof to the extent authorized by law and shall not be responsible far the acts of the other party, its
officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other
applicable laws govern liability of the County and Grantee. The provisions of this section shall survive the expiration
or termination of this Agreement.
16. AUTHORIZED REPRESENTATIVES: The following named persons are designated as 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 modifications, except that the Authorized Representatives shall have only the authority
specifically granted by their respective governing boards. The parties shall provide written notification to each other of
any change to the Authorized Representative. Notice required to be provided pursuant 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 THE COUNTY TO THE GRANTEE
Georg T. Fischer, or successor, Director
Environmental Resources Department
14955 Galaxie Avenue
Apple Valley, MN 55124
Dave Napier, or successor, Mayor
James Francis, or successor, Mayor
Neil Garlock, or successor, Mayor
Dan O'Leary, or successor, Mayor
Warren Peterson, or successor, Mayor
17. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide
ongoing consultation, a liaison shall be designated by the County and the Grantee. The County and the Grantee 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:
COUNTY LIAISON
GRANTEE LIAISON
Gena Gerard Cassandra Johnson
Environmental Specialist Recycling Coordinator
952-891-7021 651-552-4118
gena.gerard(a.co.dakota.mn.us cjohnson@wspmn.gov
18. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice
or without cause by giving thirty (30) days' written notice, of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a
material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination
shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition,
notification to the County or the Grantee regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Termination of this
Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or
failure to adequately perform the terms of this Agreement prior to the effective date of termination.
19. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the
contrary, the County may immediately terminate this Agreement 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 Agreement. Written notice of termination sent by the County to the
Grantee by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any
services that are provided after written notice of termination for lack of funding. The County will not be assessed any
penalty or damages if the Agreement is terminated due to lack of funding.
20. USE OF CONTRACTORS. The Grantee may engage contractors to perform activities funded pursuant to this
Agreement. However, the Grantee retains primary responsibility to the County for performance of the activities and
the use of such contractors does not relieve the Grantee from any of its obligations under this Agreement. If the
Grantee engages any contractors to perform any part of the activities, the Grantee 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.
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B. The contractor must defend, indemnify, and hold harmless and save 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 through the term of this Agreement in amounts and types
of coverage as set forth in the Insurance Terms, which is attached and incorporated as Exhibit 3, 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 Grantee 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.
G. The contractor must use County toolkits (i.e., text, content, images) and follow the County's Waste Abatement
Education and Outreach Style Guide to provide standardized messaging.
21. COMPLIANCE WITH LAWSISTANDARDS. The County and Grantee agree to abide by all federal, state or local
laws, statutes, ordinances, rules 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, including but not limited to Minn. Stat. § 115A,
which requires cities to collect recyclable materials at all facilities under their control, wherever trash is collected, and
to transfer the recyclable materials to a recycler.
22. EXCUSED DEFAULT —FORCE MAJEURE. Neither party shall be liable to the other party for any Toss 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.
23. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE.
A. In General. 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. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the
waiving party's Authorized Representative. Awaiver is not an amendment to the Contract. The County's
failure to enforce any provision of this Contract does not waive the provision or the County's right to enforce it.
24. RECORDS RETENTION AND AUDITS. Each party's bonds, records, documents, papers, accounting procedures and
practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and
audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds
provided under this Agreement use federal funds these records are also subject to review by the Comptroller General
of the United States and his qr her approved representative. Following termination of this Agreement, the parties must
keep these records for at least six years or longer if any audit -in -progress needs a longer retention time.
25. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only
be valid when they have been reduced to writing and signed by the authorized representatives of the County and
Grantee.
26. ASSIGNMENT.
Neither party may
assign any of its
rights under this Agreement without the prior written consent of
the other party.
Consent under this
section may be
subject
to conditions.
27. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13.
28. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All
proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of
Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement.
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29. 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 provisions, either oral or written, not contained herein.
30. 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.
3t. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Contract
are intended to authenticate this writing and to have the same force and effect as wet ink signatures.
This Agreement may be executed in one or more counterparts, each of which so executed and delivered counterpart is
original, and such counterparts, together, shall constitute the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates) indicated below.
FOR DAKOTA COUNTY
(1 represent and warrant that 1 am authorized to
execute this contract on behalf of Dakota County.)
By:
Georg T. Fischer, Director
Environmental Resources Department
CITY OF WEST ST. PAUL
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By:
Signature line
Printed Name:
Date of signature: Title:
APPROVED AS TO FORM:
/s/ Helen R. Brosnahan 12/23/20
Assistant County Attorney/Date
KS-20-212-7
Dakota County Contract #C0033574
County Board Res. No. 19-577
Telephone:
Date of signature:
Attest:
Title:
Date:
Dakota County Contract #C0033574
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CITY OF SOUTH ST. PAUL
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By:
Signature line
Printed Name:
Title:
Telephone:
Date of signature:
Attest:
Title:
Date:
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CITY OF MENDOTA HEIGHTS
(1 represent and warrant that I am authorized by law to
execute this cqntract and legally bind the Grantee.)
Signature line
Printed Name: Stephanie Levine
Title: Mayor
Te I ep h o n e: 651-452-1850
Date of siqnature: 01/12/2021
Attest:
Title: City Clerk
Date: 01/12/2021
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CITY OF SUNFISH LAKE
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
ey:
Signature line
Printed Name:
Title:
Telephone:
Date of signature:
Attest:
Title:
Date:
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CITY OF LILYDALE
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By:
Signature line
Printed Name:
Title:
Telephone:
Date of signature:
Attest:
Title:
Date:
Dakota County Contract #C0033574
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