HomeMy WebLinkAbout6.c. Joint Powers Agreement for Waste Abatement Community Funding 4 ROSEI EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: December 4, 2012
AGENDA ITEM: Joint Powers Agreement for Waste AGENDA SECTION:
Abatement Community Funding Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. VC.
ATTACHMENTS: Contract Amendment APPROVED BY:
D2L
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
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 County 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 $20,300 for this year's program. The City Council approved the original 2013 Application Form,
which includes a breakdown of the program budget, at its meeting on November 5, 2012. 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.
This is the twenty first amendments to the 1992 Joint Powers Agreement (JPA) between Dakota County
and the City of Rosemount for waste abatement community funding. At a recent meeting with Recycling
Coordinators from throughout Dakota County, County staff indicated that in 2013 they will be looking
into updating the JPA rather than continuing to amend the decades old Agreement.
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. .
C:\Users\ddj\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LF8LVGEO\12 4 12 approving JPAgreement waste abate County.doc
Dakota County Contract#C0024463
TWENTY-FIRST AMENDMENT TO 1992 JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF ROSEMOUNT
FOR 2013 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
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 2013, 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 outcomes, as part of a County/community workplan; and
WHEREAS, in 2013, it is proposed that LNIF eligibility include activities for organics diversion; 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#12-521, the County Board approved 2013 community funding as presented
to the Physical Development Committee of the Whole on October 16, 2012, contingent upon the availability of
funds and subject to funding levels approved by the County Board as part of the 2013 budget; and
WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2013 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 implementation and operation of a local comprehensive landfill abatement
program by the Municipality in accordance with the Dakota County 2013 Community Funding
Guidelines and the Community Funding A pp lication submitted by the Municipality, which are attached
and incorporated herein as Exhibit 1.
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
January 1, 2013, 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 includes 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 strea m 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 increase recycling be submitted by the Municipality for the County's approval within 90
days of the submittal of the Municipality's 2013 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 and business
recycling, including organics diversion; and increased participation at The Recycling Zone.
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's 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 2013
Community Funding Guidelines and Application.
4. Paragraph 4 of the Agreement shall be amended to read as follows:
a. Funding Amount. The 2013 funding for the Municipality shall be in the total amount not to
exceed $20,300.00, which includes a County agreed amount of$0 for a local negotiated fund
project as set forth in Exhibit 1. The County may reduce, in whole or in part, the 2013 funding
for the Municipality if the County does not obtain funding from the Minnesota Legislature,
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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, 2013. Any funding that is not expended by that date shall 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
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 2013.
c. Payment upon Receipt of Annual Report for Grant Year 2012. Contingent upon receipt (by
February 15, 2013) and approval by the County of the Municipality's Annual Report for the
grant year 2012, 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, 2013, 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 2013. By February 15, 2014, the Municipality shall submit its
Annual Report for the year 2013, 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.
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
Bill Droste, Mayor
Date of Signature
Attest
(title)
Date of Signature
APPROVED AS TO FORM:
I1i1 tp f 01oia-
A in ; /Date
KS-12-257-009
County Board Res. No. 12-521
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