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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.. a , a. F t C:\ Users \dIs1AppData\LocalWlicrosoft \Windows \Temporary Internet Files \Content.Outlock\X4KGBMLO \Exec Sum- approving Joint Powers Agreement (3).doc �' Dakota County Contract #14519 • 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. z , t. t 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- • 2 a .. t 1 y ;3 d 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. • • • a ti • s 3 • 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 > i 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 t 4 •