Loading...
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