Loading...
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 w 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 s cot 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)