HomeMy WebLinkAbout6.m. Joint Powers Agreement for Waste Abatement Community Funding ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: December 17, 2013
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AGENDA ITEM: Joint Powers Agreement for Waste AGENDA SECTION:
Abatement Community Funding Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. (0.W1.
ATTACHMENTS: Joint Powers Agreement between
Dakota County and the City of APPROVED BY:
Rosemount
RECOMMENDED ACTION: Motion to approve the Joint Powers Agreement between
Dakota County and the City of Rosemount for 2014 Waste Abatement Community Funding
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 $22,000 for this year's program. The City Council approved the original 2014 Application Form,
which includes a breakdown of the program budget,at its meeting on November 19,2013. Attached is a
copy of the Joint Powers Agreement between Dakota County and the City of Rosemount.Funds are
distributed upon final approval of the Joint Powers Agreement from the City Council and submission of
the 2013 Annual Report to the County.
This is a new Joint Powers Agreement. For more than two decades,each year the Council was asked to
approve an amendment to the original 1992 Joint Powers Agreement (JPA) between Dakota County and
the City of Rosemount for waste abatement community funding. This new JPA is specific to 2014 and
includes language describing Dakota County's most current priorities in the 2014-2015 Priority Issue
Program.
SUMMARY
This is a request for Council to consider the Joint Powers Agreement between Dakota County and the
City of Rosemount and authorize the necessary signatures.
L:\TOM\Solid waste,Recycling,&Clean upsWnnual Waste Abatement Applications\2014\Exec Sum-approving 2014 Joint Powers Agreement.doc
Dakota County Contract#C0025493
JOINT POWERS AGREEMENT TEMPLATE
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF ROSEMOUNT
FOR 2014 WASTE ABATEMENT COMMUNITY FUNDING
This Agreement is between Dakota County(County)and the City of Rosemount(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 of Dakota(County)and the cities and the Rural Solid Waste Commission
(RSWC)(Municipalities)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, counties may require local cities and townships to develop and implement programs,
practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and
WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have
a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan
(Master Plan); and
WHEREAS; by Resolution 12-154(March 27, 2012), the Master Plan (Master Plan)was adopted by the
County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control
Agency on May 24, 2012; and
WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the
County meet new waste management objectives; and
WHEREAS,the Master Plan identifies performance-based funding for Municipalities to develop and
implement waste abatement programs, education, and outreach; and
WHEREAS, community funding amounts are established by the County Board each year as part of the
Environmental Resources Department(Department)budget; and
WHEREAS, by Board Resolution#13-562,the County Board approved 2014 community funding as
presented to the Physical Development Committee of the Whole on October 8, 2013, contingent upon the
availability of funds and subject to funding levels approved by the County Board as part of the 2014
budget; and
WHEREAS, separate Joint Powers Agreements with each Municipality identify community and County
responsibilities and fund allocations.
NOW,THEREFORE, in consideration of the mutual promises and benefits that the County and
Municipalities shall derive from this Agreement, the County and the city of Rosemount 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 implementation and operation of a local comprehensive landfill abatement program by
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the Municipality in accordance with this Joint Powers Agreement and the 2014 Dakota County
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Community Funding Application Packet(attached and incorporated herein as Exhibit 1)that is submitted
by the Municipality.
SECTION 2
PARTIES
The parties to this Agreement are the County of Dakota, Minnesota and the City of Rosemount
(Municipality).
SECTION 3
TERM
Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1,
2014, and shall continue in effect until December 31, 2014, or until termination in accordance with the
provisions herein. This Agreement maybe amended in accordance with Section 12 and incorporation of
subsequent years' approved funding application packet.
SECTION 4
COOPERATION
The County and the Municipality 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.
SECTION 5
PROGRAM
5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid
Waste Master Plan (Master Plan)on March 27, 2012, as required, to implement the Minnesota Pollution
Control Agency's (MPCA)2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master
Plan identifies performance-based funding for Municipalities to develop and implement waste abatement
programs, education, and outreach.The Community Funding Program's primary purposes are to: ensure
that residents have the opportunity to recycle; and to develop, implement, and maintain projects,
programs, practices, and methods to meet waste abatement objectives as defined in the Master Plan.
The Community Funding Program supports the County's efforts for broad-based education and
implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste
management, and organics diversion as described in the Master Plan.
5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste
Commission (RSWC)representing the 13 townships, and six small cities in rural Dakota County.
5.3 ANNUAL APPLICATION,WORK PLAN AND BUDGET.Annually, each Municipality shall submit an
Application,Work Plan, and itemized budget breakdown for each funding activity to the Department by
the due date specified in writing by the Department and on forms provided by the Department. Public
entities have statutory obligations for waste management that are more restrictive than obligations of the
private sector. The Application requires communities to identify the status of compliance during this
funding period. If not in compliance, communities must identify a timeline and steps being taken to
comply. Referenced statutes include: MN Stat. 115A.151 (internal operations recycling); MN Stat.
115A.552 (programs to meet the County's recycling goal); MN Stat. 115A.552 (providing the opportunity
to recycle); and MN Stat. 473.848 and 115A.471 (internal waste management).The Work Plan shall
include a description of annual waste abatement and Priority Issue Program activities and actions,
completion date, and methods for qualitative and quantitative measurement for each education/outreach
and project/program activity.
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5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive
landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance
110 and Exhibit 1.
5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all residents and
businesses. Municipalities must develop and implement programs to increase residential recycling,
including at least bi-weekly curbside recyclables collection for single family and multi-family homes.
Recyclables collected must include: plastic containers; three colors of glass; metal; and paper. In 2014,
municipalities must begin planning to implement community-wide organics diversion.
5.6 PRIORITY ISSUE PROGRAM. The County,with input from Local Solid Waste Staff, develops a
Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. For 2014-2015,
the Priority Issue is to increase recycling by expanding the opportunity to recycle for public gatherings,
including at municipality-sponsored events, parks and non-administrative facilities(e.g., community
centers):
o Recycling collection is offered in municipality-owned non-administrative facilities(e.g.,
community centers).
o Recycling collection is offered in park shelters and along major trails as well as applicable
public gathering areas.
o Recycling collection is offered at municipality-sponsored events.
o Park, event, public gathering areas and internal recycling and trash collection containers
are identified with color-coded signs/labels provided by the County.
o Residents and applicable coordinators/staff are educated about recycling in parks, public
gathering areas and events.
Department staff will identify effective strategies and provide newly-developed materials for municipalities
to implement the Priority Issue Program. If the Priority Issue is not achieved in the given time period, the
municipality has two options for the next funding cycle: 1)merge Priority Issue tasks into the
Municipality's Recycling Program activities; 2)apply for a Local Negotiated Initiative Fund to continue
working on the Priority Issue activities.
5.7 LOCAL NEGOTIATED INITATIVE FUND(LNIF). Municipalities may request a LNIF allocation to 1)
prepare for the next funding cycle's Priority Issue; 2)complete a previous year's unmet Priority Issue; or
3)to develop/implement activities not defined in this Joint Powers Agreement or Application Packet to
divert residential or business waste from land disposal. Municipalities competitively apply for limited LNIF
allocations. Department staff will select projects based on feasibility and waste diversion outcomes.
5.8 PERFORMANCE. The County will evaluate the Municipality's performance pursuant to the criteria set
forth in this Section. A Performance Scorecard for each Municipality will be used by Department staff for a
qualitative analysis of municipal programs and activities.The Scorecard is developed annually by County
staff with input from LSWS. The Scorecard will be used to create the Work Plan.
The Master Plan identifies numeric objectives for waste reduction, recycling, organics recovery, resource
recovery, and land disposal in five-year increments. Each Municipality's program must be designed to
support the Master Plan objectives, as demonstrated cumulatively through annual reporting. Monthly
updates must be submitted to the Department that include: metrics for communication activities(e.g.,
newspaper readership for paid advertising)and tonnage/volume collected based on project/program
activities and events.
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2015 2020 2025 2030
Reduction &Reuse 1-2% 2-4% 3-5% 4-6%
Recycling 45-48% 47-51% 49-54% 54-60%
Organics Recovery 3-6% 4-8% 6-12% 9-15%
Resource Recovery 32-34% 32-33% 30-31% 24-28%
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Land Disposal (ceiling) 20% I 17% 15% 9%
In 2014, the County will work with each Municipality to identify a quantitative waste diversion baseline for
the community as a whole, and annual community diversion goals to help meet the Master Plan
objectives. Failure to perform will result in the requirement that a plan to meet goals be submitted by the
Municipality for the County's approval within 90 days of the submittal of the Municipality's Annual Report.
5.9 ANNUAL REPORT. By February 15, 2014, the Municipality shall submit its Annual Report on the form
provided by the County for the year 2013, in the form prescribed by the County. The Annual Report is a
measure of the Municipality's performance of the activities identified in the Application Packet. Changes
in any funding amounts submitted in the Application must be identified in the Annual Report.
SECTION 6
FUNDING
6.1 FUNDING AMOUNT. Communities receive performance-based funding in part from pass-through
grants from the State. Funding amounts are contingent upon available State and County funds, and
reflect the funding levels presented to the County Board as part of the annual budget. The 2014 funding
for the Municipality shall be in the total amount not to exceed $22,000.00,which includes a County-
agreed amount of$0 for a local negotiated initiative fund project as set forth in Exhibit 1, Section VI.
6.2 FUNDING PAYMENT. Contingent upon receipt(by February 15, 2014)and approval by the County of
the Municipality's Annual Report for the funding year 2013, the County will pay the Municipality the
funding amount set forth in paragraph 6.1 above for 2014. Payment will be made in one installment within
30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application
and an approved Annual Report receive 100% payment for eligible expenses. If the Community is to
receive a LNIF, the fund allocation and the LNIF payment are combined in a single payment.
6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described
below. In 2014, eligible expenses are for residential recycling projects/programs and education and
outreach; priority issue activities; and LNIF activities(if applicable)and include:
Administration
• Salary and benefits of personnel, full-time and temporary, and consultant services while working
directly on the planning, implementing, and promoting of eligible activities.
• Matching funds for other related grants, such as the MPCA grants, consistent with this program.
• Subscriptions, memberships, and training(not including out-of-state travel or lodging)necessary
for eligible activities.
• Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill
abatement activities.
• Oversight of municipal solid waste policy, ordinance issues and contracts related to landfill
diversion.
• Design and implementation of projects and programs to enhance residential curbside collection
programs, park and public gathering area recycling.
• Other expenses with prior written approval from the Department.
Education and Outreach
• Production and dissemination of education information to increase awareness and participation in
recycling programs.
• Promotional items(logo(bags,water bottles,t-shirts, etc.)with Department-approved message
and logo.
• Education materials for municipal employees, such as signs, trainings and mass communication.
• Other expenses with prior written approval of the Department.
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Eligible Expenses Specific to Priority Issue
• Containers for parks, events, and non-administrative municipality-owned buildings.
• Special event displays and signage.
• Bin recycling/organics/waste signs for park, arena, community center and event containers.
• Permanent or reusable banners and posters for buildings, parks and events.
• Other expenses with prior written approval from the Department.
Non-eligible expenses include:
• Expenses related to non-waste abatement waste issues(e.g., energy,water)
• Waste collection,transportation or management(i.e., reuse, recycle, disposal)
• Food or refreshments, unless approved by the Department as compliant with Dakota County's
policies
Questions about an eligible expense should be directed to Department staff.
6.4 FUNDING PAYMENT ADJUSTMENTS.The Dakota County Physical Development Director shall
have the authority to approve modifications to the Funding Amount as requested by the Municipality in the
Application, as long as the amount payable under this Agreement does not exceed the amount approved
by the Dakota County Board of Commissioner and so long as the proposed modifications are consistent
with Exhibit 1. Municipalities must expend the community fund and LNIF allocation by the end of the
calendar year, unless prior written approval is received from the Department. Municipalities must return
unspent funds(the difference between the amount of funds provided and the amount a Municipality
reports as expended)and must return funds if expenditures or activities that are determined by
Department staff as not consistent with the Application and Work Plan.
6.5 FUNDING SOURCE ACKNOWLEDGEMENT.All community printed public education/communication
materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control
Agency as funding sources.Any use of the Dakota County logo and Dakota County website references
must use style guidelines as prescribed by the Dakota County Communications Department.
SECTION 7
RESPONSIBILITIES OF THE PARTIES
7.1 The County, through its Environmental Resources Department, shall include the following
responsibilities under this Agreement:
• Administer Community Funding Program through this Joint Powers Agreement.
• Develop and provide annual templates for the Application,Work Plan/Annual Report and
Performance Scorecard.
• Provide technical assistance for each Municipality to apply, plan for, and report on work efforts.
• Develop and complete a Performance Scorecard for each Municipality.
• Provide messages(e.g.,for print pieces and electronic media), templates, and images for use in
community education and outreach efforts for waste abatement and for the Recycling Zone.
• Provide preferred terminology based on Regionally-approved language.
• Ensure municipalities are familiar with and have access to all new materials in multiple ways,
including electronically.
• Provide equivalent support(e.g.,technical assistance, messages, templates, images, materials)
for the Priority Issue Program.
• Provide effective strategies, best practice approaches and infrastructure support for Municipalities
to implement the Priority Issue Program.
• Evaluate Municipality performance.
• Allocate, manage and distribute funds.
7.2 The Municipality shall include the following responsibilities under this Agreement:
• Develop, implement, and maintain a comprehensive landfill abatement program.
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• Designate a community representative responsible for Community Funding Program
implementation.
• Ensure the opportunity to recycle exists for residents and businesses in the Municipality.
• Ensure curbside recycling services are provided for all single-and multi-family residents.
• Develop and submit an annual Application, Work Plan and itemized budget.
• Ensure Municipal representative attends at least four out of six Municipality/County meetings
each year.
• Ensure Municipality website content for recycling and household hazardous waste link to the
respective Dakota County web pages.
• Conduct waste abatement education for Municipal operations.
• Follow the Dakota County style guidelines for logo and website references, and use terminology
and images developed by the Department.
• Develop and distribute at least one written and electronic(when applicable)communication to
every new and existing household about recycling,waste reduction and/or reuse.
• Submit all print materials to the Department for review prior to distribution.
• Develop and distribute at least one written and electronic(when applicable)communication to
every new and existing household about The Recycling Zone services
• Provide funding source credit from the Dakota County Board of Commissioners and the
Minnesota Pollution Control Agency in all printed materials.
• Coordinate with Department staff to identify a quantitative waste diversion baseline and annual
goal.
• Develop and implement collection events of materials to be recycled.
• Develop and implement projects and programs to achieve residential recycling objectives.
• Except for municipalities with 1,000 housing units or less, implement at least four additional
education activities from a menu of options developed by the Department.
• Implement planning for community-wide organics diversion.
• Develop Priority Issue Program:
o Coordinate with stakeholders to identify opportunities and improvements for recycling in
public gathering areas, including parks and non-administrative buildings(e.g., community
centers).
o Prioritize Municipality gathering areas for recycling based on cost,feasibility, and public
attendance.
o Expand or initiate collection of recyclables and/or organics at special events and other
away-from-home locations.
o Ensure all trash, recycling and organics containers for parks, public gathering areas and
events have consistent messages, images and colors, and follow best practices, as
defined by the Department.
o Provide education materials to Municipality employees such as signs, trainings and mass
communication to implement the Priority Issue.
• Develop and report quantitative and qualitative measurements for each communication and
outreach activity, waste abatement project/program activity and event.
• Develop and submit an Annual Report to the Department.
SECTION 8
PROPERTY
Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by
the County and provided to the participating Municipality shall be the sole property of the Municipality.
SECTION 9
INDEMNIFICATION
9.1 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.
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9.2 LIMITATIONS. The provisions of Minn. Stat. §471.59,the Municipal Tort Claims Act, Minn. Stat. ch.
466 and other applicable laws govern liability of the County and the Municipality
9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this
Agreement.
SECTION 10
AUTHORIZED REPRESENTATIVES AND LIAISONS
10.1 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 Brandt Richardson
County Administrator
Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124
TO THE MUNICIPALITY Bill Droste, Mayor(or successor)
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
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, MN
55033.
10.2 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
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: Dale Stoerzinger
Telephone: (952)891-7550
Email: dale.stoerzinger @co.dakota.mn.us
Municipality Liaison: Name: Tom Schuster
Telephone: 651-322-6005
Email: tom.schusteraci.rosemount.mn.us
SECTION 11
TERMINATION
11.1 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
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
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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.
11.2 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 it's 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.
SECTION 12
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be
valid when they have been reduced to writing, approved by the parties' respective Boards, and signed by
the Authorized Representatives of the County and the Municipality.
SECTION 13
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 County of Dakota, State of Minnesota.
SECTION 14
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.
SECTION 15
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated
below.
COUNTY OF DAKOTA
Brandt Richardson
County Administrator
Date of Signature:
CITY OF ROSEMOUNT
Bill Droste, Mayor
Date of Signature:
Attest
(title)
Date of Signature:
APPROVED AS TO FORM:
s/Helen R. Brosnahan 12/5/13
Assistant County Attorney/Date
KS-13-470
County Board Res. No. 13-562
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