HomeMy WebLinkAbout6.q. Joint Powers Agreement for Waste Abatement Community Funding Zonint TexCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date February 15, 2005
AGENDA ITEM: Joint Powers Agreement for Waste
Abatement Community Funding
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks Recreation Director
AG
ATTACHMENTS: Contract Amendment
APPROVED BY:
RECOMMENDED ACTION Motion to approve the Contract Amendment fo the Joint
Powers Agreement between Dakota County and the City of Rosemount and Authorize
the Necessary Signatures
ACTION:
ISSUE
Thirteenth amendment to the 1992 Joint Powers Agreement (JPA) between Dakota County
and the City of Rosemount for waste abatement community funding in 2005
BACKGROUND
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 $13,500 for this year's program The City Council approved the original
2005 Application Form, which includes a breakdown of the program budget, at it s meeting on
November 16, 2004 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 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
January 27, 2005
Environmental Management
Thomas Schuster
Barry C Schade
Director
City of Rosemount
2875 145 Street West
Dakota County
Rosemount, MN 55068
Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124
Dear Mr Schuster
952 891 7557
Fax 952 891 7588
w co dakommn us
RE City Signatures to Amendment to the Joint Powers Agreement for 2005
Funding
Enclosed Is the thirteenth amendment to the 1992 Joint Powers Agreement
(JPA) between Dakota County and the City of Rosemount for waste abatement
community funding in 2005
Please obtain the appropriate signatures for your city on the attached Joint
Powers Agreement amendment You will need to obtain the signature of the
Mayor and the City Clerk or other appropriate officials on this amendment After
you have obtained these signatures, please return this copy of the Joint Powers
Agreement with the attached original grant application to me I will arrange for
the required County signatures and you will receive copies of the amendment for
each city after It has been fully executed by the County
You are reminded that city produced education pieces to households are
subject to the requirement that all community public education materials
shall credit the Dakota County Board of Commissioners and the
Minnesota Office of Environmental Assistance (OEA) as funding sources
You also are requested to supply copies of your 2005 community public
education materials, before distribution to households, to the Dakota
County Environmental Management Department for review
If you have any questions about the procedure or other concerns, please call me
at 952 891 -7021 Thank you for your attention and assistance
Sincerely,
Michael A Trdan
Environmental Specialist
Enclosure
O labatelmikelcommfu ndffundplans&JPA/MT- 05- Rsmtipa
C.
1-1. on rt[ytriJ PV«
mx ron�.a+rs�wss�.
AN vNr. Enao
THIRTEENTH AMENDMENT TO 1992 JOINT POWERS AGREEMENT
BETWEEN DAKOTA COUNTY AND
THE CITY OF ROSEMOUNT FOR THE
2005 WASTE ABATEMENT COMMUNITY FUNDING PLAN
This Agreement is between Dakota County (hereinafter "County") and the City of Rosemount
(hereinafter "Municipality")
WHEREAS, effective January 1, 1992, the County and the Municipality entered into a Joint Powers
Agreement (hereinafter "Agreement in order to provide for cooperation between the County and the
Municipality to implement and operate a local comprehensive landfill abatement program, and
WHEREAS, the Agreement has been in effect since January 1, 1992, as amended yearly, to provide
for continuing waste abatement funding from the County to the Municipality through 2004, and
WHEREAS, on October 26, 2004, the Dakota County Board of Commissioners authorized execution of
Amendments to the Joint Powers Agreement with Cities and the Rural Solid Waste Commission for 2005
Funds and
WHEREAS, the Dakota County Board of Commissioners approved solid waste abatement funding for
the year 2005, contingent upon available funds, and
WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2005 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
1 Purpose The purpose of this Agreement is to provide for cooperation 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 2005
Community Funding Application submitted by the Municipality, which is attached and
incorporated herein as Exhibit 1
2 Paragraph 2 of the Agreement shall be amended to read as follows
2 Term This Agreement shall be in effect from January 1, 2005, and shall continue in effect
until terminated in accordance with the provisions herein This Agreement may be amended in
accordance with paragraph 18, by the attachment and incorporation of subsequent years'
approved funding applications
3 Paragraph 3 of the Agreement shall be amended to read as follows
Program
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 Management 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 (Government Leadership, Responsibilities for Improvement,
Recycling Operations, and Solid Waste Education) that are set forth in Exhibit 1 The
Municipality's program must continue to attain a level of recycling of their residential
waste stream that supports Dakota County's 2005 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 2005 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 2005 Funding Community
Funding Source Acknowledgment All community public education materials shall
credit the Dakota County Board of Commissioners and the Minnesota Office of
Environmental Assistance (OEA) as funding sources and the materials must include
the Dakota County Environmental Management Department in the distribution
Implementation of Abatement Activities The Municipality shall implement the activities
substantially as set forth in Exhibit 1 The Dakota County Physical Development
Director or designee shall have the authority to approve modifications to the
Municipality's 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
County Board and so long as the proposed modifications are consistent with the
County's 2005 Community Funding Application
Paragraph 4 of the Agreement shall be amended to read as follows
Funding Amount Payment Schedule and Annual Report
Funding Amount The year 2005 funding for the Municipality shall be in the total amount
not to exceed Thirteen Thousand, Five Hundred and No /100 Dollars ($13,500), contingent
upon available funds Such funding must be expended by December 31, 2005 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 any Sustainable Environment Grant
funds The funding amount set forth in this paragraph also 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 by 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
Sustainable Environment Grant Due to budget constraints, the Sustainable
Environmental Fund is not proposed to be available in 2005
2
c Payment upon Receipt of Annual Report for Grant Year 2004 Upon receipt (by
February 15, 2005) and approval by the County of the Municipality's Annual Report for the
grant year 2004, the County will pay the Municipality the funding amount set forth at
paragraph 4 a above, in one (1) installment on February 28, 2005, or within 30 days of this
fully- executed 13th Amendment to the 1992 Joint Powers Agreement, whichever occurs
later
Annual Report for the Grant Year 2005 By February 15, 2006, the Municipality shall
submit its Annual Report for the year 2005, 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 Except as amended by the First through Twelfth Amendments and the Amendments 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
By
Gregory J Konat, Director
Approved by Dakota County Physical Development Division
Board Resolution No 04-438 Date of Sionature
Approved as to form
/ass tant CItfnty7attomey /Date
Da ota County Attorney's Office
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033 -2392
Telephone (651) 438 -4438
City of Rosemount
By
Signature
(print name)
(print title)
Date of Signature
Attest
Date of Signature
K K04 -402 template