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HomeMy WebLinkAboutItem 06.gApril 19, 2010 Item No. � APPROVEJOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT Proposed Action Staff recommends adoption of the following motion: _Move to approve Joint Powers Agreement between Dakota County and the City of Lakeville for a Household Hazardous Waste Collection Event. Overview The City of Lakeville will hold its annual Household Hazardous Waste Drop-off Collection Event on Saturday, May 1St from 9:00 AM — 2:00 PM at the Central Maintenance Facility. Residents will have the opportunity to drop off household hazardous waste (i.e. paint, used oil and filters, household/automotive batteries, fluorescent light bulbs, solvents, etc.) free of charge. Residents will also have the opportunity to drop off appliances for $25.00 per unit as noted in attached flyer. Electronics will not be accepted at this year's event as a result of the Dakota County Recycling Zone in Eagan and Best Buy Stores accepting electronics for free or nominal fee. Dakota County and its vendor will be responsible for the packaging, analysis, transportation and disposal of all household hazardous waste collected. The City will be responsible for the collection and management of used oil, lead acid automobile batteries, and appliances, along with traffic coordination and providing operational equipment such as a forklift, dumpsters and directional signage. The County and the City will each provide employees and/or volunteers to assist the contracted hazardous waste collection vendor at the collection site. The County will accept donations during the event to help off -set the cost of household hazardous waste disposal. The Joint Powers Agreement is consistent with the previous agreements approved by the City Council in 1998-2009 for household hazardous waste collection events. Primary Issues to Consider • Has the event been successful in years past? Supporting Information • Joint Powers Agreement A • ro 'otion I Flyer Joh yenned P k )Maintenance & Operations Mgr Fin'Jncial Impact: Break Even Program Budgeted: Y/N Y Source: General Fund Related Documents (CIP, ERP, etc.): Notes: Appliance Disposal Fee to offset expenses Dakota County Contract #11967 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE FOR A ONE -DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION WHEREAS, 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 Hastings (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the parties desire to conduct a one -day household hazardous waste collection event in the City. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of a one -day household hazardous waste collection event to be held in the City during 2010 (EVENT). ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota (County) and the City of Lakeville, Minnesota (City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until completion by the parties of their respective obligations under this Agreement, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 OBLIGATIONS OF PARTIES 5.1 CONTRACTS WITH VENDORS. The packaging, analysis, storage transportation and disposal of household hazardous wastes generated by the EVENT shall be governed by the terms of separate contracts between the County and its vendors, copies of which will be provided to the City upon request. The packaging, analysis, storage, transportation and disposal of additional items collected by the City at the EVENT shall be governed by the terms of separate contracts between the City and its vendors, copies of which will be provided to the County upon request. The County and the City acknowledge and agree to abide by the terms of said contracts. 5.2 SITE. The collection site for the EVENT will be located at the Lakeville Maintenance Garage, 7570 1791h St. W., Lakeville, MN. 5.3 GENERAL DUTIES OF PARTIES. Each party shall assist in the organizational duties associated with the EVENT, including site set-up and coordination, volunteer coordination, and publicity for the EVENT. In general, the County will provide equipment, staff persons, publicity outside the City area and coordination and reimbursement of the disposal contractor (vendor). The County will be primarily responsible for collection and sorting of household hazardous waste. The County will provide personal safety equipment, including gloves, safety glasses and, as needed, protective aprons and/or coveralls for the County and City workers. In general, the City will provide a site at which the EVENT will take place, publicity for the purpose of advertising the EVENT, staffing for the collection, management of solid wastes and recyclables received during the EVENT, and, if planned, may also organize, collect, and properly manage additional items, such as tires, car batteries, used oil and oil filters, antifreeze, appliances, and scrap metal, received during the EVENT. The City will provide reimbursement to the disposal contractor (vendor) for all planned additional items collected. The City will be primarily responsible for cardboard recycling, traffic control and coordination, and the collection and management of lead -acid batteries, used oil, and oil filters. The City will provide necessary operational equipment at the site, fire extinguishers, forklift and forklift operator, dumpsters, chairs, directional signs, sanitary facilities and running water. 5.4 WORKERS. The County will provide at least five employees or volunteers to staff the collection site and the City shall provide at least 10 employees or volunteers to staff the collection site. All workers must be at least 18 -years of age and will read and be familiar with the document entitled "Household Hazardous Waste Site Safety Plan" (HHWSP) prior to the EVENT. Each worker must sign a statement acknowledging that he or she is familiar with the HHWSP and that he or she will follow the proper collection procedures. The HHWSP shall be present and easily accessible to all workers at the site. 5.5. HAZARDOUS WASTE GENERATOR NUMBER. The County will act as the hazardous waste generator for all household quantities of accepted hazardous waste collected at the site during the EVENT. ARTICLE 6 COSTS 6.1 EMPLOYEES. Each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 6.2 CITY'S COSTS. The City is responsible for the payment of the costs associated with the following: A. Supplying the operational equipment at the site, fire extinguishers, forklift, forklift operator, dumpsters, chairs, directional signs, sanitary facilities, running water, cardboard recycling, and traffic control and coordination. B. The collection, proper management and disposal of solid wastes, recyclables, and additional items received during the EVENT, such as tires, car batteries, lead -acid batteries, used oil and oil filters, antifreeze, appliances and scrap metal. Disposal of these materials shall be governed by agreements between the City and the vendor(s) of its choice. C. The City may charge residents for planned and publicized additional items collected during the EVENT. Any fees collected must not exceed the City's anticipated costs for managing the additional items. 6.3 COUNTY'S COSTS. Except as to lead -acid batteries and used oil, the County shall be responsible for the payment of all costs for packaging, storage, transportation and disposal of household hazard waste collected at the EVENT. 2 ARTICLE 7 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 for 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 the City. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 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: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Holly Dahl or successor, Mayor City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 In addition, notification to the County 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, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. 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: County Liaison Laura Villa Telephone: (952) 891-7548 Email: laura.villa@co.dakota.mn.us ARTICLE 9 TERMINATION City Liaison John Hennen Telephone: (952) 985-2715 Email: jhennen@ci.lakeville.mn.us 9.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving 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. 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. 9.2 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 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 City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services 3 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. ARTICLE 10 GENERAL PROVISIONS 10.1 SUBCONTRACTING. The 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. 10.2 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. 10.3 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 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. 10.4 COMPLIANCE WITH LAWS/STANDARDS. The City and the County 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. 10.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 10.6 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 the State of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 10.7 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. 10.8 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. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: Askistant C unty ttor y/Date K-10-96.002 County Board Res. No. 10 - 5 DAKOTA COUNTY By Lynn Thompson, Director Physical Development Division Date of Signature: CITY OF LAKEVILLE By By Holly Dahl, Mayor Date of Signature: , City Clerk Date of Signature: