Loading...
HomeMy WebLinkAbout6.m. Joint Powers Agreement for Waste Abatement Community FundingAGENDA ITEM: Joint Powers Agreement for Waste Abatement Community Funding AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks Recreation Director AGENbANO, 6t'a ATTACHMENTS: Contract Amendment APPROVED BY: l'W RECOMMENDED ACTION: Motion to approve the Contract Amendment for the Joint Powers Agreement between Dakota County and the City of Rosemount and authorize the Necessary Signatures. i 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: February 7, 2006 H 1WPOATAICOUNCIL1200612 7 06 Jo nt Powers Agreement Waste abatement doe EXECUTIVE SUMMARY ISSUE Fourteenth amendment to the 1992 Joust Powers Agreement JPA) between Dakota County and the City of Rosemount for waste abatement community funding in 2006. BACKGROUND The Dakota County Environmental Management Department has estabhshed 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 sohd waste and recycling program Based on the estimated population and number of households in Rosemount, the City is prepared to receive $16,100 for this year's program. The City Council approved the onginal 2006 Apphcation Form, which includes a breakdown of the program budget, at its meeting on November 15, 2005 Attached is a copy of the joint Powers Agreement Amendment between Dakota County and the City of Rosemount. Funds are distributed upon final approval of the Joint Powers Agreement from the City Council 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. FOURTEENTH AMENDMENT TO 1992 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF ROSEMOUNT FOR THE 2006 WASTE ABATEMENT COMMUNITY FUNDING PLAN This Agreement is between Dakota County (hereinafter "County and the City of «murnapality» (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 2005; and WHEREAS, on November 1, 2005, the Dakota County Board of Commissioners authorized execution of Amendments to the Joint Powers Agreement with Cities and the Rural Solid Waste Commission for 2006 Funds and WHEREAS, the Dakota County Board of Commissioners approved solid waste abatement funding for the year 2006, contingent upon available funds, and WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2006 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 2006 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, 2006, 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. 3. Program. a. General The Municipality shall implement and operate a local comprehensive landfill abatement program that substantially complies with the current program guidelines set forth in Exhibit 1 The Municipality is responsible for maintaining the level of service outlined in the Regional /Dakota County Solid Waste 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 2006 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 2006 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 2006 Funding Community b. Funding Source Acknowledgment. All community public education materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency as funding sources and the materials must include the Dakota County Environmental Management Department in the distribution. c. 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 2006 Community Funding Application 4. Paragraph 4 of the Agreement shall be amended to read as follows: 4 Funding Amount, Payment Schedule and Annual Report. a. Funding Amount The year 2006 funding for the Municipality shall be $14,600 (base funding) plus $1,500 (Local Negotiated Initiative Fund) for a total amount not to exceed Sixteen Thousand, One Hundred and No /100 Dollars ($16,100 00), contingent upon available funds Such funding must be expended by December 31, 2006 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 2 Approved by Dakota County Board Resolution No 05 -528 Approved as to form b. Sustainable Environment Grant. Due to budget constraints, the Sustainable Environmental Fund is not proposed to be available in 2006 c. Payment upon Receipt of Annual Report for Grant Year 2005 Upon receipt (by February 15, 2006) and approval by the County of the Municipality's Annual Report for the grant year 2005, the County will pay the Municipality the funding amount set forth at paragraph 4 a. above, in one (1) installment on February 28, 2006, or within 30 days of this fully- executed 14th Amendment to the 1992 Joint Powers Agreement, whichever occurs later. d. Annual Report for the Grant Year 2006. By February 15, 2007, the Municipality shall submit its Annual Report for the year 2006, 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 Thirteenth 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. KiK05 -287 rosemount unty Attorney /Date Dakota County Attorneys Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 -2392 Telephone (651) 438 -4438 a75-6o By 3 COUNTY OF DAKOTA By Gregory J. Konat, Director Physical Development Division Date of Signature City of «municipality» Attest Signature (print name) (print title) Date of Signature (title) Date of Signature