Res 2021- 49 JPA Dakota Co Organics Drop Off SiteCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-49
JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND
THE CITY OF MENDOTA HEIGHTS FOR THE OPERATION OF
A RESIDENTIAL ORGANICS DROP-OFF SITE
WIIEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or
cooperatively exercise any power common to the contracting parties; and
WHEREAS, Dakota County ("County") is a political subdivision of the State of
Minnesota; and
WHEREAS, the City of Mendota Heights ("City") is a Minnesota municipal corporation
(collectively herein the County and the City are referred to as the "Parties"); and
WHEREAS, the County and City are desirous of entering into this Agreement to provide
a residential organics drop-off site at Mendakota Park, 2171 Dodd Road, Mendota Heights, MN
55120. The partnership responsibilities are further defined in Dakota County Contract
#C0034100.
NOW THEREFORE IT IS HEREBY RESOLVED, by the Mendota Heights City
Council that in consideration of the mutual benefits the County and the City shall derive from
this Joint Powers Agreement ("Agreement"), the Parties hereby enter into this Agreement for the
purpose of cooperation and funding by the County to the City for actual costs of the Project and
to define the responsibilities and obligations of the County and the City for cost contribution.
All funds provided by the County are to be used by the City solely for this purpose. The City
shall use funds pursuant to this Agreement exclusively for the payment of actual costs as
provided in this Agreement.
Adopted by the City Council of the City of Mendota Heights this first day of June, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
All
Step anie Levine, Mayor
ATTEST
AorriSmith, City Clerk
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF MENDOTA HEIGHTS
TO OPERATE A RESIDENTIAL ORGANICS DROP-OFF SITE
This Agreement is between the County of Dakota (County) and the City of Mendota Heights
(Municipality).
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise
any power common to the contracting parties; and
WHEREAS, the County and the Municipality are governmental units as that term is defined in Minn. Stat.
§ 471.59; and
WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn.
Stat. §115A.551); and
WHEREAS, by Resolution No.18-493 (September 18, 2018), the Dakota County Board of Commissioners
adopted the 2018-2036 Solid Waste Master Plan (Master Plan); and
WHEREAS, the Master Plan includes a strategy to expand opportunities for residential organics recovery;
and
WHEREAS, the Master Plan includes a tactic to co -develop and provide assistance for residential
organics drop off sites with priority municipalities and/or partners until curbside organics collection is
widely available; and
WHEREAS, the Municipality in partnership with the County desires a residential organics drop-off site to
be located at Mendakota Park, 2171 Dodd Road, Mendota Heights, MN 55120; and
WHEREAS, the County receives Select Committee on Recycling and the Environment (SCORE) funds
from the state to implement landfill abatement programs; and
WHEREAS, Minn. Stat. § 115A.557 requires the County to expend a portion of the state -allocated
SCORE funds on organics programming; and
WHEREAS, allocated SCORE funds are used for residential organics drop sites at Thompson County
Park, Lebanon Hills Regional Park, the Mulch Store in Empire Township, the Lakeville Water Treatment
Facility, and the Hastings Transportation Shop; and
WHEREAS, Municipality responsibilities include providing one drop-off location to collect organics from
Dakota County residents; retaining a licensed hauler; collaborating with the County on promotion and
communications; purchasing compostable bags; monitoring and maintaining the site; and administering
nvoicing and reimbursement submittals; and
WHEREAS, County responsibilities include maintaining a list of acceptable organic materials and
guidelines; developing and providing promotion, communications materials, and training; reimbursing the
Municipality for recurring operational expenses; and administering participant recruitment, registration,
and ongoing communication.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and
Municipality shall derive from this Agreement, the County and Municipality hereby enter into this
Agreement for the purposes stated herein.
SECTION 1
PURPOSE
The purpose of this
Agreement is
to provide
for cooperation and funding between the County and the
Municipality for the
operation of a
residential
organics drop off site.
Dakota County Contract tIC0034300 Page i 1 of 6
Joint Powers Agreement
SECTION 2
PARTIES
The parties to this Agreement are the County and the Municipality.
SECTION 3
TERM
Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect June 1, 2021,
and shall continue in effect until December 31, 2027, or until curbside organics collection is offered to
residents in the Municipality whichever comes first, or until termination in accordance with the provisions
herein. This Agreement may be amended in accordance with Section 11.
SECTION 4
COOPERATION
The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt
mplementation of the various provisions of this Agreement and to, in good faith, undertake resolution of
any dispute in an equitable and timely manner.
SECTION 5
RESPONSIBILITIES OF PARTIES
5.1 County Responsibilities. The County shall:
A. Ensure any necessary residential drop-off location approvals from the state, county, or
municipality are fulfilled.
B. Maintain a list of acceptable organic materials, compostable bag specifications, and drop site
guidelines.
C. Develop and supply outreach, education, and communications materials to County residents.
D. Provide recurring drop-off site participation promotion.
E. Reimburse drop-off site costs to the Municipality, including for recurring costs for compostable
bags; organics hauling and disposal service fees; and other supplies and services with pre -
approval from the County liaison.
F. Recruit initial participants through direct mail to all households located in the municipality.
G. Administer participant recruitment, registration, training and ongoing participant communication.
H. Provide a dedicated organics email for direct contact to County liaison for residents and
Municipality for regular communication.
I. Provide appropriate drop-off signage and labels to the Municipality.
5.2 Municipality Responsibilities, The Municipality shall:
A. Provide at
least one convenient and
safe drop-off site accessible from 5:00 am
—10:00 pm daily
for Dakota
County residents to drop
off acceptable organics.
B. Notify County staff if any local approvals or notifications are required.
C. Retain, manage and pay for licensed waste hauler services including containers) for organics
collection and delivery of collected organics from drop-off site to a permitted and licensed
commercial compost facility using adequate container size and at a frequency necessary for a
clean, well -maintained site, and at a frequency not less than one collection per week.
Dakota County Contract #00034100 Page 2 of 6
Joint Powers Agreement
D. Provide the waste hauling pickup schedule to the County.
E. Obtain County approval prior to changes in dumpster size and changes to hauling frequency.
F. Install bag distribution box, program signage and labels.
G. Provide training location and participate in up to three participant training sessions at no charge to
the County.
H. Collaborate for implementation and recurring promotion using County -supplied materials.
I. Refer all participant inquiries to the County's designated email.
J. Communicate to County's dedicated email any and all plans or unforeseen circumstances
impacting participant use of the sites(s).
K. Purchase and store a sufficient supply of BPI -certified compostable bags for use at the drop-off
site at a size determined by the County for residential use.
L. Provide daily monitoring (Monday -Friday) and necessary maintenance of drop-off area Sunday) to to ensure a clean, safe, and accessible drop-off site for residents, including snow and
ice removal; BPI -certified compostable bag restocking; and container capacity observations to
ensure proper sizing and hauling frequency.
M. Restock compostable bags at least once each day Monday —Friday, or as needed to ensure a
continuous supply of compostable bags is available for participants.
N. Observe dumpster capacity no later than 24 hours prior to scheduled collection service and report
to the County's dedicated email at least monthly.
O. Submit itemized invoices to the County in accordance with Section 6.2 for organics drop-off site
expenses, including: compostable bags; organics hauling and disposal service fees; and other
supplies and services pre -approved by the County liaison.
SECTION 6
FUNDING
6.1 FUNDING
AMOUNT. The allocated reimbursement
funding
for the Municipality shall be in the total
amount not to
exceed $28,500 as set forth in Exhibit 1.
6.2 FUNDING PAYMENT. The Municipality shall submit itemized invoices to the County covering drop-off
site expenses by June 30 of each program year and February 1 following the program year. Costs not
billed to the County by February 1 of a given calendar year may not be eligible for reimbursement. The
nvoices shall be paid within 35 days from the presentation of the claim.
6.3 ELIGIBLE EXPENSES. Municipality may use allocated funds only on eligible items as identified in
Section 5 and includes recurring costs for compostable bags; organics hauling and disposal service fees;
and other supplies and services including necessary maintenance with pre -approval from the County
aison.
SECTION 7
PROPERTY
Upon
termination of this
Agreement, any necessary infrastructure
purchased
by the County and provided
to the
Municipality shall
be the sole property of the Municipality.
Dako[a County Contract gC0034100 Page 3 of 6
Joint Powers Agreement
SECTION 8
INDEMNIFICATION
8A IN GENERAL. 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 for the acts of
the other party, its officers, employees or agents.
8.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59I the Municipal Tort Claims Act, Minn. Stat. ch.
466 and other applicable laws govern liability of the County and the Municipality. In the event of any
claims or actions are 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.
8.3 SURVIVORSHIP. The provisions of this Section shall su vive the expiration or termination of this
Agreement.
SECTION 9
AUTHORIZED REPRESENTATIVES AND LIAISONS
9.1 AUTHORIZED REPRESENTATIVES: 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 modifications, except that the authorized representative shall have
only the authority specifically or generally granted by their respective governing boards. Notice 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 THE COUNTY Georg T. Fischer
Environmental Resources Director
14955 Galaxie Avenue
Apple Valley, MN 55124
TO THE MUNICIPALITY Stephanie Levine, Mayor
1101 Victoria Curve
Mendota Heights, MN 55118
In addition, notification to the County regarding termination under Section 10 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.
9.2 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
Municipality. The County and the Municipality 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: John Exner, or successor
Telephone:(952)891-7112
Email: john.exner(cDco.dakota.mn.us
Municipality Liaison: Name: Ryan Ruzek, P.E.
Telephone: (651) 452-1850
Email: rvanr"wmendota-helghtS.Com
SECTION 10
TERMINATION
10.1 IN 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
Dakota County Contract 4C0034100 Page 4 of 6
Joint Powers Agreement
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. 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.
10.2 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 Municipality 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
f the Agreement is terminated due to lack of funding.
SECTION 11
GENERAL PROVISIONS
11.1 COMPLIANCE WITH LAWSISTANDARDS. The County and Municipality 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.
11.2 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.
11.3 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. 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.
11.4 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 or
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.
11.5 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 Municipality.
11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior
written consent of the other party. Said consent may be subject to conditions.
Dakota County Contract #C0034300 Page 5 of 6
Joint Powers Agreement
11.7 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.
11.8 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.
11.9 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.
11.10 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
hereto have executed this Agreement on the
dates) indicated
below.
DAKOTA COUNTY
Approved as to form:
/s/ Helen R. Brosnahan 5/25/21 Georg T. Fischer, Director
Assistant County Attorney/Date Environmental Resources Department
KS-21-236 Date of Signature:
County Board Res. No. 21-264
CITY OF ME TA HEIGHT%
CITY OF
, 5.4
Stephanie Levine, Mayor
City of Mendota Heights
Date of Signature: t�g
Attest: r7woi��
Lorri Smith, City Clerk
City of Mendota Height
Date of Signature:
Dakota County Contract NC0034100
Joint Powers Agreement
Page 16of6
Exhibit 1
Allocated Funds
Six (6) – Year Term
Anticipated reimbursement amount for the City of Mendota Heights Organics Drop-Off Site
Total Anticipated Reimbursement Amount
Hauling – Collection and Composting Fees (6 Years) $15,130
Compostable Bags – Participant Use $13,370
Total Reimbursement Amount $28,500