HomeMy WebLinkAbout6.o.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
AGENDA NO. (0.0.
ATTACHMENTS: Contract Amendment
APPROVED BY
RECOMMENDED ACTION: Motion to approve the Contract Amendment for th Joint
Powers Agreement between Dakota County and the City of Rosemount and authorize the
Necessary Signatures
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting Date: December 19, 2006
EXECUTIVE SUMMARY
ISSUE
On an annual basis the City Council is asked to consider approving amendments to the 1992 Joint Powers
Agreement for Waste Abatement Community Funding
Staff is requesting the Council to consider approving the fifteenth amendment to the 1992 Joint Powers
Agreement QPA) between Dakota County and the City of Rosemount for waste abatement community
funding in 2007.
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 Sohd Waste Management
Program. The County makes these funds available to the cities to help defray the cost of administering a
sohd waste and recychng program.
Based on the estimated population and number of households in Rosemount, the City is prepared to
receive $15,400 for this year's program. The City Council approved the original 2007 Apphcatton Form,
which includes a breakdown of the program budget, at it's meeting on November 7, 2006 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 authonze the necessary signatures.
OFFICE OF DAKOTA COUNTY ATTORNEY
JAMES C. BACKSTROM
COUNTY ATTORNEY
Dakota County Judicial Center
1560 Highway 55
Hastings. Minnesota 55033 -2392
Phillip D Prokopowicz, Chief Deputy
Karen A Schaffer, First Assistant
Monica Jensen, Community Relations Director
December 12, 2006
Tom Schuster
2875 145th St W
Rosemount MN 55068
Re: Fifteenth Amendment to 1992 Joint Powers Agreement Between Dakota County and Rosemount
for the 2007 Waste Abatement Community Funding Plan
Our File No. K06- 219.010
Dear Mr. Schuster:
Enclosed please find the above referenced Amendment. Please have the Amendment signed and
forward it Tammy Drummond, Physical Development Division, Western Service Center, 14955 Galaxie
Avenue, Apple Valley, MN 55124, to obtain the signatures from the appropriate Dakota County
official. A copy of the fully executed Amendment will be forwarded to you.
Thank you for your assistance in this matter. If you should have any questions or concerns, please feel
free to contact this office.
Since y,
Katri yn P. Scott
Assistant County Attorney
/rjn
Enclosure
6 Scs
c: Tammy Drummond, Physical Development
Mike Trdan, Environmental Management
Criminal Division
Scott A Hersey, Head
Victim/WSiness Coordinator
Kelly Nicholson
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6i
30% post consumer
Juvenile and Protective Services Division
Donald E Bruce, Head
Office Manager
Patricia Ronken
An Equal Opportunity Employer
Telephone
(651) 438 -4438
FAX (651) 438 -4479 (Civil Divis on)
FAX (651) 438 -4500 (Criminal Division)
FAX (651) 438 -4499 (Juvenile/Admin Division)
E-mail attorney @co dakota mn us
Civil Division
Jay R Stassen. Head
Child Support Enforcement Division
Sandra M Torgerson, Head
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FIFTEENTH AMENDMENT TO 1992 JOINT POWERS AGREEMENT
BETWEEN DAKOTA COUNTY AND
THE CITY OF ROSEMOUNT FOR THE
2007 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 2007; and
WHEREAS, on October 17, 2006, the Dakota County Board of Commissioners authorized execution of
Amendments to the Joint Powers Agreement with Cities and the Rural Solid Waste Commission for 2007
Funds and
WHEREAS, the Dakota County Board of Commissioners approved solid waste abatement funding for
the year 2007, contingent upon available funds, and
WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2007 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 2007
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, 2007, 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 2007 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 2007 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 2007 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 2007 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 2007 funding for the Municipality shall be in the total amount
not to exceed $15,400, contingent upon available funds Such funding must be expended
by December 31, 2007 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.
b Sustainable Environment Grant Due to budget constraints, the Sustainable
Environmental Fund is not proposed to be available in 2007.
2
1
V
Approved by Dakota County
Board Resolution No.06 -427
Dakota County Attorneys Office
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033 -2392
Telephone: (651) 438 4438
K06 -219 template
c. Payment upon Receipt of Annual Report for Grant Year 2006 Upon receipt (by
February 15, 2007) and approval by the County of the Municipality's Annual Report for the
grant year 2006, the County will pay the Municipality the funding amount set forth at
paragraph 4 a. above, in one (1) Installment on February 28, 2007, or within 30 days of this
fully- executed 15th Amendment to the 1992 Joint Powers Agreement, whichever occurs
later.
d. Annual Report for the Grant Year 2007. By February 15, 2008, the Municipality shall
submit Its Annual Report for the year 2007, 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 Fourteenth 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
Approved as to form City of Rosemount
stant
unty Attorney /Date
3
By
Gregory J. Konat, Director
Physical Development Division
Date of Signature
By
Attest
Signature
(print name)
(print title)
Date of Signature
Date of Signature
(title)