HomeMy WebLinkAbout6.l. Joint Powers Agreement for Waste Abatement Community Funding n 1VlQt..11 VT
EXECUTIVE I SUMMARY
CITY COUNCIL '
City Council Meeting Date: January 3, 2012
.AGENDA ITEM: ,Joint Powers Agreement for Waste •
Abatement Community Funding •
PREPARED BY: Dan Schultz, Parks & Recreation Director •
ATTACHMENTS: Contract.Amendment ' ' ' • =
RECOMMENDED ACTION: Motion to approve the Contract Amendment for the Joint
Powers Agreement between Dakota County and the City of Rosemount and authorize the
Necessary Signatures. .
ISSUE
Twentieth amendment to the 1992 Joint Powers Agreement (JPA) between Dakota County and the City of
Rosemount for 2012 waste abatement community funding`
BACKGROUND w�
The Dakota County Environmental Management Department has established funds to be allocated to the
communities of Dakota County for the purpose of funding a Recycling and Solid Waste Management
Program. The makes these funds available to the cities to help defray the cost of administering a
solid waste and recycling program:
Based on the estimated population and number of households in Rosemount, the City is prepared to
receive $20,200 for this year's program, plus an additional $900 for a Local Negotiated Initiative Fund, for
a total of $21,100. The additional $900 will be used to further develop the organic composting program
used during Leprechaun Days. The City Council approved the original 2012 Application Form, which
includes a breakdown of the program budget, at its meeting on October 18, 2011. Attached is a copy of
the Joint Powers Agreement Amendment between Dakota County and the City of Rosemount. Funds are
distributed upon final approval of the Joint Powers Agreement from the City Council.
SUMMARY
This is a request for Council to consider the Contract Amendment between Dakota County and the City
of Rosemount and authorize the necessary signatures..
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Dakota County Contract #14519
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TWENTIETH AMENDMENT TO 1992 JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF ROSEMOUNT
FOR 2012 WASTE ABATEMENT COMMUNITY FUNDING
This Agreement is between Dakota County (County) and the City of Rosemount (Municipality).
WHEREAS, the County Board has provided performance -based funding for community programs since 1989;
and
WHEREAS, the County Board has provided funding for a portion of the costs incurred by cities and the Rural
Solid Waste Commission (RSWC) for operating local reduction, reuse, and recycling activities through an
annual application process; and s
WHEREAS, effective January 1, 1992, the County and the cities /RSWC entered into separate joint powers
agreement (Agreements) to provide for cooperation and funding between the County and the Municipality to
Implement and operate a local comprehensive landfill abatement program; and
WHEREAS, each year the Agreements are amended to revise funding amounts to reflect changes in the
number of housing units and waste management priorities; and
WHEREAS, funds are allocated for governmental leadership, operations and education, recycling container,
and Local Negotiated Initiative Funds (LNIF); and
WHEREAS, the Metropolitan Council's published housing data, an allocation per household, and base fund are
used to determine the proposed fund allocation for governmental leadership, operations and education; and
WHEREAS, in 2012, the recycling container funds are proposed for public area recycling; and
WHEREAS, the LNIF provides funding for cities or the RSWC to implement specific strategies that support
Regional /Dakota County Solid Waste Master Plan outdomes, as part of a County /community workplan; and
WHEREAS, community funding amounts are established by the County Board each year as a part of the
Environmental Management Department budget; and
WHEREAS, by board resolution #11 -387, the County Board approved 2012 community funding as presented to
the Physical Developrrient Committee of the Whole on August 16, 2011, contingent upon the availability'of
funds and subject to funding levels approved by the County Board as part of the 2012 budget; and
WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2012 and to` enable both
parties to continue to enjoy the mutual benefits it provides; and
WHEREAS, Paragraph 18 of the Agreement provides that any amendments, alterations, variations,
modifications, or waivers shall be valid only when reduced to writing duly signed by the parties,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree that the
Agreement is hereby amended as follows:
1. Paragraph 1 of the Agreement shall be amended to read as follows:
Purpose. The purpose of this Agreement is to provide for cooperation and funding between the County
and the Municipality for the irhplementation and operation of a local comprehensive landfill abatement
program by the Municipality in accordance with the Dakota County 2012 Community Funding
Guidelines and the Community Funding Application submitted by the Municipality,-which are 'attached
and incorporated herein as Exhibit 1.
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2. Paragraph 2' of the Agreement shall be amended to read as follows:
Term. Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect from
January 1, 2012, and shall continue in effect until terminated in accordance with the provisions herein. •
This Agreement may be amended in accordance with paragraph 18 and incorporation of subsequent
years' approved funding applications,
3. Paragraph 3 of the Agreement shall be amended to read as follows:
a. General. The Municipality shall implement and operate a local comprehensive landfill
abatement program that substantially complies with the current program guidelines set forth in
Exhibit 1, The Municipality is responsible for maintaining the level of service outlined in the
Regional /Dakota County Solid Waste Master Plan (as amended) and for maintaining a solid
waste abatement program that inoludes at least bi- weekly recyclables collection for single
,family and multi - family households using a recycling container. The solid waste abatement
program requires collection of the following recyclables: newspaper, corrugated cardboard,
residential office paper, magazines, cans (food and beverage), plastic containers with a neck,
and three colors of glass. If the Municipality fails to maintain the above levels of service, 'the
County will provide such service and assess the costs back to the residents of the Municipality.
Other responsibilities of the Municipality depend upon the size of the community and are
divided into four areas (operations, ''education, government leadership, and local negotiated
initiatives) that`are set forth in Exhibit 1. The Municipality's program must be designed to attain
a level of • recycling of their residential waste stream that supports Dakota County's overall
recycling goal of fifty percent (50 %). The County will determine the residential generation upon
which.this percentage is calculated, unless the Municipality is able to measure its residential
'generation - amount. Failure to achieve this percentage goal will result in the requirement that a
plan to.lncrease recycling be submitted by the Municipality for the County's approval within 90 =.
days of the submittal of the Municipality's 2012 Community Annual Report. The Municipality's
performance will be evaluated by its success in meeting its responsibilities and the criteria set
forth In Exhibit 1,
b. Funding Source Acknowledgment, All internal and community public education materials shall
credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency
(MPCA) as funding sources and the materials must include the Dakota County Environmental
Management Department In the distribution. Any use of the Dakota County logo and Dakota
County website references must use style guidelines as prescribed by the Dakota County
Communications Department.
c. Implementation of Abatement Activities. The Municipality shall implement the activities
substantially as set forth In Exhibit 1 with a focus on enhanced residential recycling. The
Environmental Management Department must be provided copies, of public education
materials 'prior to public distribution, The Dakota County Physical Development Director shall
have the authority to approve modifications to the Municipality& Community Funding
Application (Exhibit 1) as requested by the Municipality, as long as the amount payable under
this Agreement does not exceed the amount approved by the Dakota County Board of
Commissioners and so' long as the proposed modifications are consistent with the 2012
Community Funding Guidelines and Application.
4. Paragraph 4 of the Agreement shall be amended to read as follows:
,a. Funding Amount. The 2012 funding for the Municipality shall be in the total amount not to
exceed $21,100.00, which includes a County agreed amount of $900.00 for a localnegotiated
fund project as set forth In Exhibit 1. The County may reduce, in whole or In part, the 2012
funding for the Municipality if the County- 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. Such funding
must be expended by December 31, 2012, Any funding that is not expended by that date shall-
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be returned to the County. The funding amount set forth in this paragraph does not include the
containers requested in the Municipality's Application for Container Fund, which is part of E ,
Exhibit 1. Any containers purchased by the County for the Municipality, pursuant to the
Municipality's application for the same, will be provided at the sole discretion of the County and
will only be provided if sufficient funding is available. The County will inform the Municipality in
writing of the number of containers to be provided to them pursuant to their application,
b. Sustainable Environment Grant, Due to budget constraints, the Sustainable Environmental
Fund is not proposed to be available in 2012.
c. Payment upon Receipt of Annual Report for Grant Year 2011. Contingent upon receipt (by
February 15, 2012) and approval by the County of the Municipality's Annual Report for the
grant year 2011, the County will pay the Municipality the funding amount set forth at paragraph
4.a. above. Payment will be made in one installment on February 28, 2012, or within 30 days of
this fully signed Amendment to the 1992 Joint Powers Agreement, whichever occurs later.
d. Annual Report for the Grant Year 2012. By February 15, 2013, the Municipality shall submit its
Annual Report for the year 2012, in the form prescribed by the , County. The County will
evaluate the Municipality's'performance pursuant to the criteria set forth in Exhibit 1.
5. Paragraph 6.A. of the Agreement shall be amended by adding the following as its last sentence: "Such
certified resolution or minutes is attached and incorporated herein as Exhibit 2."
6. Paragraph 19 of the Agreement shall be amended by adding, a second paragraph ,that reads as
follows:
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 Municipality by 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.
7, Except as previously amended and as amended herein, the 1992 Joint Powers Agreement shall
remain in full force and effect until terminated in accordance with the provisions herein.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.
COUNTY OF DAKOTA
Lynn Thompson, Director
Physical Development Division
• Date of Signature
CITY OF ROSEMOUNT
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William H. Droste, Mayor
Date of Signature
Attest
(title)
Date of Signature
APPROVED AS TO FORM:
ee wa. 1
A istant Cty "A torney /Date
K -11- 253.009
County Board Res. No. 11 -387
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