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Home My WebLink About6.j. 2015 Waste Abatement Community Funding Application and Joint Powers Agreement �CROSEMOLINT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: November 18, 2014 AGENDA ITEM: 2015 Waste Abatement Community AGENDA SECTION: Funding Application and Joint Powers Consent A reement PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6 • . . ATTACHMENTS: Resolution - Authorizing Application, Approving a Joint Powers Agreement between Dakota APPROVED BY: County and the City of Rosemount, Funding Application and the Joint Powers A reement RECOMMENDED ACTION: Motion to adopt a resolution that approves the 2015 Dakota County Waste Abatement Community Funding Application and the Joint Powers Agreement between Dakota County and the City of Rosemount and authorize the Necessa Si natures. ISSUE The Dakota Counri� I:nvironmental 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 Pxogram. The Count��makes thesc funds available to the cities to help defray the cost of administering a solid waste and xecycling program. Based on the estimated population and number of households in Rosemount, the City is prepared to receive $23,000 for this year's program. In oYder to receive these funds, the City must apply for the funding and must enter into a Joint Powers Agreement with Dakota County. r�ttached are a copy of the Funding Applicarion and a copy of the Joint Powers Agreement between Dakota County and the City of Rosemount. A resolution approving both the Application and the JPA is also attached. The application has been reviewed and approved by Dakota County Staff and the Joint Powers Agreement was prepaYed and written by County staf£ Funds axe distributed upon final appYOVaI of the executed Joint Powers Agreement fxom the City Council and submission of the 2014 rinnual Report to the County. In the past, a signed resolution authorizing the submission of the Community Funding Application was required by Dakota County before they would issue a Joint Powers agreement. This yeax, they are asking us to authorize the application for funding and approve the Joint Powers Agreement at the same time. SUMMARY 'I'his is a xequest for Council to authorize the application for Communih� Funding for waste abatement and to consider the Joint Powers Agreement between Dakota County and the City of Rosemount and authorize the necessary signatures. H:\WPDATA\COUNCIL\2014\11 18 14 Waste Abatement Funding application and Joint Powers Agreement.doc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2014 - A RESOLUTION AUTHORIZING APPLICATION TO DAKOTA COUNTY FOR FUNDING THE CITY OF ROSEMOUNT'S 2015 WASTE ABATEMENT PROGRAM AND APPROVING A JOINT POWERS AGREEMENT WHEREAS, according to the Dakota County Community Waste rlbatement Program guidelines as established in 1988 and amended in 1989, the Cit�� Council of Rosemount must submit a funding allocation and funding application to receive funding for the Cit��'s 2015 Waste rlbatement Progxam; and WHEREAS, the City of Rosemount has established and desires to maintain a waste abatement program which promotes recycling, waste xeduction, and reuse opportunities in the community and encourages landfill abatement; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount hereby approves the 2015 Waste Abatement Funding r�pplication authorizing the necessary signatures thereon and its distribution to Dakota County. BE IT FURTHER RESOLVED that the Ciry Council of the City of Rosemount also hereby appro�-es the Joint Po�vexs Agreement bet�veen Dakota County and the City of Rosemount and authorizes the necessary signatures. ADOPTED this 18th day of November, 2014. William H. Droste, I�layor �TTEST: Clarissa Had1eY, City Clexk CERTIFICATIONS I hereby certify�that the foregoing is a true and correct copy-of a resolution presented to and adopted by the City-Council of Rosemount at a du15-authorized meeung thereof,held on the 18th day of November,2014,as disclosed by the records of said City in my�possession. (SEAL) Clarissa Hadler,City-Clerk L:\TOM\Solid wasre,Recycling,&Clean ups\Annual Was�e Abatement Applications\2015\Resolution approving funding 2015 application and JPA.doc I�7otion by: Second b5�: Voted in favor: Voted against: L:\TOM�Solid waste,Recycling,&Clean ups\Annual Waste Abatement Applications`?01 S�Resolution approving funding 201�application and JPA.doc � Dakota County, Physical Development Division Environmental Resources Department Jenny Kedward,952-891-7043, �, ,�.�3�.�� . ��. . _ Application process:Joan Kowski,952-891-7965, C O U N T Y <' Rosemount 2015 Dakota County Community Funding Application Packet Application Packet and JPA Submittal Due Date: November 15, 2014 Funding Period: January 1, 2015- December 31, 2015 2014 ANNUAL REPORT DUE DATE February 15, 2015 Date Application Submitted , 2014 Submit completed Application Packet by: 1. Uploading to the Dakota County Local Solid Waste Staff(LSWS) SharePoint web site URL: �� i , ;,%sh��e�g�n�., �, ci 3i��.�; �� u�,, �u`.� ��u�t �,>:� -- --- __. '., '_ , 2. Or by sending to je_nny_kedwa_rd co.dakota,mr� . or by mail to: . - Jenny Kedward Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Contact Information for Municipality Designated Municipality Liaison : Tom Schuster Title: Parks Supervisor E-mail: tom.schuster@ci.rosemount.mn.us 2875 145th St. W., Rosemount, MN Mailing Address: 55068 City/State/Zip: Rosemount, MN 55068 Phone: 651-322-6005 FAX Number: 651-322-6080 a { Municipality: Rosemount Funding Year: 2015 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body(e.g., City Council or Commission) requesting the funding allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation. 2. Workplan Attach a Work Plan that includes activities,timeline, and deliverables. 3. Requested Budget Fill in the summary below and attach an itemized budget in Part VI. Fund Requesi County Fund Eliqibility Admin, Outreach/Education, Priority Issue $23,000 LNIF, if allocated $10,631 TOTAL 4. Compliance with Public Entity Laws Yes No* MN Stat. 115A.151 (internal recycling programs for facilities under the v municipality's control) MN Stat. 115A.552 (community recycling programs in place) v MN Stat. 115A.552 (residents have the opportunity to recycle) �/ MN Stat.473.848 and 115A.471 (management of solid waste collected v under contract from municipal operations) *If no, identify the timeline and steps being taken to obtain compliance. I certify that this 2015 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true,accurate,and complete to the best of my knowledge. I certify that a 2014 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15,2015. Tom Schuster Name of person completing document Signature (electronic signature acceptable) Park Supervisor Title Date 2 2015 Work Plan/Annual Report I. Administration Locai So1id Waste Staff(LSWSJ Meerings GOAL: Open communications to share activities and results between County and Municipal staff. The municipality's designated Municipality Liaison must plan to attend at least four out of the following six LSWS meetings per year. REPORT: When submitting the Annual Report, check each box next to the meetings attended. � � . - M❑ January 8 ❑ July 9 ' arch 12 ❑ September 10 ' - --_ __.. ❑ May 14 ❑_November 12 ' Internal Retycling Activities GOAL: Promote recycling and waste reduction in the municipality's administrative buildings. List the activity,general message, date and type of ineasurement(e.g., attendees to a presentation, number of labels placed on bins)for each internal outreach activity. REPORT: Update the table with actual measurement when submitting the annual report. � . . - . . , Example: Presentation at Parks What to 3/14/15 Number of 21 attendees Dept. staff ineeting recycle attendees (84%of staffJ; ___.._._. ---_ __--- _ _...__. ___ .. __.__ _ _... _ _. . Presentation at Parks Recycling Spring Number of Department Staff Meeting Attendees _ _�_. ..__ _---___ _------____.._. _ _ _ _.,__ __.____ __ .._..._._ Send Recycling tips/updates to Recycling/was 2 times Number of all employees te reduction per year employees II. Waste Abatement 8 Residential Recycling Website confent GOAL: Consistent recycling and waste abatement messaging through the County. � I verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Required Communication GOAL: Inform residents of waste abatement opportunities and household hazardous waste services at The Recycling Zone. Each municipality is required to produce at least one written and electronic (if applicable) communication to every new and existing household for each of the following topics: • Recycling (e.g., curbside and drop-off),waste reduction and/or reuse • The Recycling Zone services 3 List the means of outreach,general message, date produced and type of ineasurement(e.g., number of newsletters distributed)for each activity. REPORT: Update the table with actual measurement when submitting the annual report. s � . • � - . Example:Postcard to new Carton 5/1/15 Readership 1 postcard residents recycling 30 new �_�..�____�-----------___.____._----_.._._.--------------__..__ _�....____..__.___.___ residents Articles in Spring/Summer Recycling 3/13/15 Readership/households City newsletter __—� ____-- _. _,__ __..._ ____ ---._,.__.__ � ;�Articles in Fall City Waste 7/24/15 Readership/households � Newsletter reduction ___ _ Articles in Winter/Spring Recycling 12/3/15 Readership/households City Newsletter Zone Required Outreach (Large Communities only) Required of the Rural Solid Waste Commission and communities with over 1,000 households. GOAL: Education of residents including schools and businesses to increase recycling and waste reduction. Each municipality must complete at least FOUR eligible educational activities not covered in the above tables. Suggestions are listed below but other activities may be approved by Department. List the type of ineasurement(e.g., attendees to a presentation, number articles published). REPORT: Update the table with actual measurement when submitting the annual report • � . . . - . � Example: Promote What to 5/5/15 Residents Event attendance 60 j recycling at annual recycle attendees � River Clean Up Day curbside ; Event __ __�._ __----- ___ - --------- Articles in Composting 3/13/15 Residents Readership/households Spring/Summer City newsletter ___.__ ._-_— _.__ ___ ____—__ .. _. .__-_ ___.___ __ --------_____ , ___�. . _ ______ ; Promote recycling recycling 5/16/15 Residents Readership/households ' through clean-up Newspaper Articles ! day promotions , �._.._ _. __ . _ . _.. _ ..__..._____.___— - _ _.._�...__ w_ _____. Promote recycling Recycling/ 7/18/15 Residents Readership/households through Organic Leprechaun Days Composting promotion __ _ _ ____ _ ---— --------_ ----- � 1 ; Articles in Recycling 11/4/15 Residents Readership/households � Winter/Spring City Holiday ; Newsletter Lights and ' CFL _... _._.. (,___ _ _ _ ._. . ,�____ . _._ 4 ___ - _...__ .. ._...�___ ---._ _.._.__-__ _�__ __ ___--__ _ ____,__ __ _ _ .___. ..___._�__,. ..______� � Collection � i- -_ ___ - - ------_ _ --___---------- ------ ------ -----__ �� Eligible Educational Activities • Sponsor an event for Earth Day,America Recycles Day or Pollution Prevention Week • Coordinate an event for a school(s)about recycling, waste reduction or HHW • Distribute an additional printed or electronic outreach piece about recycling or waste reduction • Presentation/activity to community group (minimum 10 attendees) • Staff a booth at a community event with waste abatement information (minimum 50 attendees) • Post social media messages (posts must be at least monthly) • Other educational activity as approved by Department staff as part of the work plan meeting Waste Abaf�ment Events and Activities GOAL: Increase residential recycling in Dakota County Each municipality must develop programs to increase residential recycling. Use the table to list events and activities where materials are collected to be recycled or reused (not disposal). Activities that do not fit into the table requirements should be listed in the narrative below. REPORT: Update the table with actual measurement when submitting the annual report. Update the narrative with activity outcomes. Collection Events and Activities List the event or activity, date conducted, how it was promoted and the type of ineasurement(e.g., attendees to an event, weight or volume of material collected). Event promotion may also be used in residential outreach and education (above) if the activity also communicates general recycling, waste reduction and reuse knowledge. Activities that are not associated with a date should be described in the narrative questions below. � . . . . . . - . � Example: "Recyde Your 12/1/15- Facebook posts Pounds of lights 471bs. of string Holiday Lights"drop-off 1/31/16 Website collected lights at eurnsville Ice Center Newsletter article � Recycle Your Holiday 11/15/15 Poster Number of light , Lights' drop-off at — Website strings collected ' Rosemount Community 1/31/16 Newsletter Articles Center CFL bulb drop off at Ongoing Poster Number of bulbs Rosemount Community Website collected Center Newsletter Articles Spring clean Up 5/16/15 Website Pounds or numbers Newsletter Articles of recyclable i Local Newspaper materials collected, � #of participants 5 __ __._. Leprechaun Days 7/18/15 Newsietter articles Pounds of materials Recycling - Local Newspaper collected 7/25/15 Events Program i Recyclable collection at Leprechaun Days Parade Fall Cleanup Day Website Pounds or numbers 10/3/15 Newsletter Articles of recyclable Local Newspaper materials collected, #of participants , _ --- - __, NOTE: to add another row, click in the last box of the table and press TAB. NARRATIVE: Descr�i�� t>the- 4vastr abacemenr ac*,��tie4 and/o� program development canducted by municipalify, sifch a� m�r7��ir� t��..f!<y v,rast�- At our Spring and Fall Clean-up days we separate out the following materials from the waste stream and recycle them: • Appliances • Automotive batteries • Bicycles • Carpeting • Electronics • Mattresses/box springs • Scrap metal • Tires III. 2015 Waste Abatement Planning 1. Describe efforts to identify a quantitative waste diversion baseline and annual goal for your municipality(e.g., pounds recycled per household). In 2015 Rosemount will work with its licensed residential haulers and with Dakota County and other Local Solid Waste Staff(LSWS) members to attempt to develop a baseline for waste diversion and goals for improving the diversion rate. 2 ClescriF�� p4ar7nin; ef#or�ts tr� irri�rlern�r-�t mun4�i�al�ty-vu€c�� r��;arYics �livei�siryr�e_ Rosemount will work with Dakota County and other Local Solid Waste Staff members to begin to develop a plan to implement municipality wide organics diversion. 6 �� Pricaritv lssu� GOAL: Provide consistent recycling opportunities for public gathering areas, including parks, public areas,events and in municipally-owned non-administrative buildings. Municipalities must coordinate to offer recycling in public areas by the end of 2015. Fill out the following workplan by selecting the activities under each Goal that your municipality will accomplish during 2015. For the checked activities, identify when the activity will be completed (timeline). Expand on activity details if needed. REPORT: Fill in the 2015 Results column with outcomes and/or actual diversion measurements. NOTE: If you completed tasks in 2014, mark"completed" under Timeline column. • °, Objective 1: Provide recycling collection in park shelters and along major trails, and applicable public areas N ❑Form a team of stakeholders .� � ❑Review goals and expectations 0 ❑Get community input � OEvaluate parks, public areas completed � � � ❑List characteristics/challenges of completed "' each park ❑Prioritize parks, public areas completed ❑Conduct a waste sort (if needed) ❑Determine needs for each park c 0 Request labels/signs/bins from Spring/summer °J 2015 � department v Q „ � �Post labels/signs „ �Relocate existing bins „ �Place new bins „ �Identify maintenance improvements Y �Announce changes to municipal " ° staff � �Announce changes to public via " � press release or newspaper article � �Place signs explaining program at �� parks 7 Objective 2: Provide recycling collection in municipally-owned and operated buildings N ❑Form a team of stakeholders .� ° �Review goals and expectations Fall 2015 0 ❑Get input(e.g.,vendors, community) � ❑x Evaluate buildings Fall 2015 �o � ❑List characteristics/challenges of > w each ----- ❑Assess waste collected (e.g., waste sort) X❑Determine needs for each building Fall 2015 c ORequest labels/signage from County Fall 2015 a, � Fall 2015 v �Post labels/signage � � ---..------------------...._. — �Relocate existing bins(if needed) Fall 2015 �Place new bins (if needed) Fall 2015 ❑Maintenance improvements v DAnnounce changes to municipal staff Fall 2015 � � •� ❑Announce changes to public � � ❑Place signs explaining program at c°� buildings Objective 3: Provide recycling and/or organics collection at municipality-run and municipality-sponsored events Estimated Recycling, Name of Event Date(s)of event qttendance Organics,or both? Event location Recycling and Leprechaun Days July 18-25,2015 8,000—10,000 Organics Central Park Haunted Woodstrail October24, 2015 1,000-2,500 Organics Central Park 8 V. Local Negotiated Initiat+v� ��n�iing Is your municipality applying for LNIF: ❑Yes �No The 2015 Local Negotiated Initiative Fund (LNIF) focuses on organics diversion from residents and business recycling outreach. LNIF projects and programs are negotiated with Environmental Resources Department staff prior to submittal of the Application. Department approval is required to receive funding. Eligible LNIF projects: • Education and operation expenses supporting and promoting organics diversion for residents. • Recycling and/or organics diversion education/communication program for businesses. • Recognition program for businesses that implement waste reduction, reuse, recycling and/or organics diversion. • Organics diversion at municipality-sponsored events, such as parades, municipal celebrations, or other short-duration events. • Priority Issue development/completion. • OTHER activity that enhances organics diversion or business recycling or organics diversion LNIF Work Plan and Annual Report: Please identify and describe the proposed activities that your municipality will undertake in the current application year. Please note that LNIF project results must be included in the 2015 Annual Report and include all the below information: 1. Identify the cost and type of LNIF project from the above list of eligible projects that your municipality would like to complete. Name of project: Total cost: 2. Summarize in two or three paragraphs the work that your municipality would like to perform in this LNIF project area. Include a brief description of why you chose the specific project area, including a discussion of the municipal need. 3. Complete the Work Plan below for each approved initiative. The 2015 results column must be completed at the end of the year. 9 w `r , � .. :��: ° ��.�� Goal 1: Goal 2(if applicable): Goal 3(if applicable): 4 . .____ �-_.__.- �_-- ...----- -.;- ._._ .__._..._ . ...---�--._ ...__._-- - .. _.. . . .__. __ . . . .._.. REPORT:Answer the following questions when submitting the Annual Report. 4. Describe challenges encountered and possible solutions learned with the project. 5. Briefly describe how the LNIF project will be sustainable after this funding period. 10 . �1. 1i�' a ��r��rYiu�ity Fundir�g B��get c�r�c� �xpense Fc��>, Municipalities must enter estimated costs per line item based on the total community allocation. LNIF allocations are identified separately. Please list all municipality contributions (i.e.,financial, staffing, other). Use another table if necessary. Municipality contributions are not mandatory but help the Department identify needs for this program.The total County share may not exceed the "amount of funds eligible for" provided by County staff in the application. Funding from budgets may not be carried over to the next year. _. _. . . . - - . . .. ; . Salary 12,000 12,000 24,000 Mileage 200 200 400 Training/Subscription/Membership 100 100 200 Consultant/temporary help 3,400 1,500 4,900 Design/printing 3,000 3,000 Distribution/mailing 300 300 Advertisement 100 900 1,000 _— —_ __ _ Promotional Items 100 300 400 Special events fees 4,100 1,400 5.500 Data collection/evaluation Containers LNIF • • � � � � � � � *NOTE:To update formulas, press Ctrl +A, then press F9 Please identify the total percent FTE for your municipality to coordinate this program: 30 % 11 2015 Community Funding Performance Scorecard To be filled out by County staff to aid communities in completing annual workplan. The Community Funding Program enables each municipality to work with Department staff to develop and implement projects and programs for waste abatement towards achieving Master Plan objectives. . - - . . . - . . . • . . . . . - • . . Residential Curbside Recycling Services Provided � Residents have access to curbside recycling through a private hauler or municipality-sponsored program. Designated Municipal Liaison attended at least 4 out of 6 municipality/county meetings per year. Municipality participated in and submitted annual Work Plan, with Budget Waste abatement efforts in municipal operations continued Annual report is complete and submitted on time . - - . . . - . - - - . - - • . - . . - . - - • . . Communications&Outreach Municipality uses resources from the Residential and Business Toolkits (articles, images, etc.), provided by the Department ----__------------__ ____._____._- ---._ ______ _ __------------ Printed and electronic recycling resources for residents follow the Dakota County style guidelines for logo and website references, and use terminology and/or images provided by the Department. The municipality website content for solid waste management and household hazardous waste links to the County's respective webpages. At least one written and electronic(when applicable) communication is distributed to every existin� household about recycling,waste reduction and/or reuse. I At least one written and electronic (when applicable) communication is distributed to every new household about recycling,waste reduction and/or reuse. At least one written and electronic(when applicable) � communication is distributed to every existin household__ 12 f + about The Recycling Zone services. At least one written and electronic (when applicable) communication is distributed to every new household about The Recycling Zone services. At least four additional education activities accomplished from a menu of options developed by the Department(large communities only). Accuracy of information is verified with Department staff , before distribution. Printed materials identify funding source. Quantitative and qualitative measurements related to Master Plan objectives for each communication and outreach activity are provided. --- ------�_..________--__---- Operations, Programs& Recycling Events A municipality waste diversion baseline and annual goal for municipality is developed. Programs to increase residential recycling are developed and implemented. Planning is underway to implement municipality-wide organics diversion. ' Quantitative and qualitative measurements related to Master Plan objectives for each project/program activity is provided. . - . . . - . - - - • . , � . . • . . i Recycling collection is offered in municipality-owned non- ' administrative facilities (e.g., community centers). ! Recycling collection is offered in park shelters and along major trails as well as applicable public areas. Recycling collection is offered at municipality-sponsored ' events. ', Follow best practices provided by the Department. ' iPark, event, public space and internal recycling and trash I collection containers are labeled with signs/labels provided by ', the Department. '� , Residents and applicable coordinators/staff are educated � ' about recycling in parks, public areas and events. ; 13 ,� ATTACHMENT A JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Rosemount. 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) 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#14- , the County Board approved 2015 community funding as presented to the Physical Development Committee of the Whole on August 19, 2014, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2015 budget; and WHEREAS, separate Joint Powers Agreements with cities and the Rural Solid Waste Commission identify community and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and cities/Rural Solid Waste Commission shall derive from this Agreement, the County and 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 the Municipality in accordance with this Joint Powers Agreement and the 2015 Dakota County 1 � ATTACHMENT A 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. SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1, 2015, and shall continue in effect until December 31, 2015, or until termination in accordance with the provisions herein. This Agreement may be 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 described 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. 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. 2 ATTACHMENT A 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 and 2015, 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 city-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 city-sponsored events. o Park, event, public gathering areas and internal recycling and trash collection containers are identified with color-coded signs/labels consistent with the County template. 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. For 2016-2020, the Priority Issue is focused on organics diversion and multi-family recycling. This is subject to change pending Legislation or County strategic planning. 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. Master Plan Ob'ectives 2015 2020 2025 2030 Reduction & Reuse 1-2% 2-4% 3-5°/a 4-6% Rec clin 45-48% 47-51% 49-54% 54-60% Or anics Recover 3-6% 4-8% 6-12% 9-15% Resource Recover 32-34% 32-33% 30-31% 24-28% Land Dis osal ceilin 20% 17% 15% 9% 3 � ATTACHMENT A In 2014 and 2015, 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. 5.9 ANNUAL REPORT. By February 15, 2015, the Municipality shall submit its Annual Report for the year 2014, 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 2015 funding for the Municipality shall be in the total amount not to exceed $23,000, which includes a County-agreed amount of$ -0- for a local negotiated initiative fund project as set forth in Exhibit 1, Section V. 6.2 FUNDING PAYMENT. Contingent upon receipt(by February 15, 2015) and approval by Department staff of the Municipality's Annual Report for the funding year 2014, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2015. 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 2015, eligible expenses are for residential recycling projects/programs and education and outreach; priority issue activities; and LNIF activities (if applicable) and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities. b) Matching funds for other related grants, such as MPCA grants, consistent with this program. c) Subscriptions, memberships, and training (not including out-of-state travel or lodging) necessary for eligible activities. d) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion. f) Design and implementation of projects and programs to enhance residential curbside collection programs, park and public gathering area recycling. g) Other expenses with prior written approval from the Department. 6.3.2 Education and Outreach a) Production and dissemination of education information to increase awareness and participation in recycling programs. b) Promotional items (bags, water bottles, t-shirts, etc.) with Department-approved message and logo. c) Education materials for municipal employees, such as signs, trainings and mass communication. d) Other expenses with prior written approval of the Department. 6.3.3 Eligible Expenses Specific to Priority Issue a) Containers for parks, events, and non-administrative municipality-owned buildings. b) Special event displays and signage. c) Bin recycling/organics/waste labels and signs for park, arena, community center and event containers. 4 ! ATTACHMENT A d) Permanent or reusable banners and posters for buildings, parks and events. e) Services related to recycling and organics material management at public events using County- defined best management practices. f) Other expenses with prior written approval from the Department. 6.3.4Non-eligible expenses include: a) Expenses related to non-waste abatement waste issues (e.g., energy, water) b) Waste collection, transportation or management(i.e., reuse, recycle, disposal), except as provided for in Section 6.3.3(e) c) Food or refreshments, unless approved by the Department as compliant with Dakota County policy 1560. 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(e.g., containers, labels, among others) 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. • Designate a Municipality Liaison responsible for Community Funding Program implementation. 5 J ATTACHMENT A • 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 the Municipality Liaison or designee 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 increase residential recycling. • 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 projecUprogram 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. 6 � ATTACHMENT A 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 Steve Mielke, Director(or successor) Physical Development Division Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Mayor(or successor) 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: Jenny Kedward Telephone: (952) 891-7043 Email: jenny.kedward@co.dakota.mn.us Municipality Liaison: Name: Tom Schuster Telephone: 651 322-6005 Email: tom.schusterna.ci.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 authorized representative of the other party. Termination of this Agreement shall not discharge any 7 . � ATTACHMENT A 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 its 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 email or 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY Steve Mielke, Director Physical Development Division Date of Signature: 8 . • ATTACHMENT A CITY OF ROSEMOUNT , Mayor Date of Signature: Attest (title) Date of Signature: APPROVED AS TO FORM: Assistant County Attorney/Date -14- County Board Res. No. 14- 9