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HomeMy WebLinkAbout6.i. Joint Powers Agreement for Waste Abatement Community FundingROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Special Meeting: February 1, 2010 AGENDA ITEM: Joint Powers Agreement for Waste AGENDA SECTION: Abatement Community Funding Consent PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. , ATTACHMENTS: Contract Amendment APPROVED BY: ow 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. . ISSUE Eighteenth amendment to the 1992 Joint Powers Agreement QPA) between Dakota County and the City of Rosemount for waste abatement community funding in 2010. 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 soled waste and recycling program. Based on the estimated population and number of households in Rosemount, the City is prepared to receive $19,500 for this year's program. The City Council approved the original 2010 Application Form, which includes a breakdown of the program budget, at its meeting on November 3, 2009. 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. . C:\ Users\ajd%AppDatalocal\Microsofl \Windows \Temporary Internet Files \Content.OutlookWNLP97EA \Exec Sum- approving Joint Powers Agreement.doc Dakota County Contract #191720 EIGHTEENTH AMENDMENT TO 1992 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2010 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Rosemount (Municipality). WHEREAS, the County Board has provided performance -based funding for community programs since 1989; and WHEREAS, the County Board has provided funding for a portion of the costs incurred by cities and the Rural Solid Waste Commission (RSWC) for operating local reduction, reuse, and recycling activities through an annual application process; and WHEREAS, effective January 1, 1992, the County and the cities/RSWC entered into separate joint powers agreements (Agreements) to provide for cooperation and funding between the County and the cities /RSWC to implement and operate a local comprehensive landfill abatement program; and WHEREAS, each year the Agreements are amended to revise funding amounts to reflect changes in the number of housing units and waste management priorities; and WHEREAS, funds are allocated for operation and education, recycling containers and Local Negotiated Initiative Funds (LNIF); and WHEREAS, the Metropolitan Council's published housing data, an allocation per household, and base fund are used to determine the proposed fund allocation for operations and education; and WHEREAS, in 2010, the recycling container funds are proposed for public area recycling; and WHEREAS, the LNIF provides funding for cities or the RSWC to implement specific strategies that support Regional /Dakota County Solid Waste Master Plan outcomes, as part of a County /community workplan; and WHEREAS, community funding amounts are established by the County Board each year, as part of the Environmental Management Department budget. WHEREAS, by board resolution #09 -429, the Dakota County Board of Commissioners approved 2010 community funding as presented to the Physical Development Committee of the Whole on September 1, 2009, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2010 budget; and WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2010 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: Purpose. The purpose of this Agreement is to provide for cooperation and funding 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 2010 Community Funding Guidelines and the Community Funding Application submitted by the Municipality, which are attached and incorporated herein as Exhibit 1. Paragraph 2 of the Agreement shall be amended to read as follows: Term. Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect from January 1, 2010, and shall continue in effect until terminated in accordance with the provisions herein. This Agreement may be amended in accordance with paragraph 18 and incorporation of subsequent years' approved funding applications. 3. Paragraph 3 of the Agreement shall be amended to read as follows: 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 Master 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 (operations, community education, government leadership, and local negotiated initiatives) that are set forth in Exhibit 1, The Municipality's program must be designed to attain a level of recycling of their residential waste stream that supports Dakota County's 2010 recycling goal to increase residential recycling as part of the overall 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 2010 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. b. Funding Source Acknowledgment and Reference. All internal and community public education materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency (MPCA) as funding sources and the materials must include the Dakota County Environmental Management Department in the distribution. Any use of the Dakota County logo and Dakota County website references must use style guidelines as prescribed by the Dakota County Communications Department. C. Implementation of Abatement Activities. The Municipality shall implement the activities substantially as set forth in Exhibit 1 with a focus on enhanced residential recycling. The Environmental Management Department must be provided copies of public education materials prior to public distribution. The Dakota County Physical Development Director shall have the authority to approve modifications to the Municipality's Community funding 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 Dakota County Board of Commissioners and so long as the proposed modifications are consistent with the 2010 Community Funding Guidelines and Application. 4. Paragraph 4 of the Agreement shall be amended to read as follows: Funding Amount. The 2010 funding for the Municipality shall be in the total amount not to exceed $19,500.00 which includes a County agreed amount of $0 for a local negotiated fund project as set forth in Exhibit 1, contingent upon available funds. Such funding must be expended by December 31, 2010. 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 the containers requested in the Municipality's Application for Container Fund, which is part of Exhibit 1. Any 2 containers purchased by the County for the Municipality, pursuant to the Municipality's application for the same, will be provided at 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 pursuant to their application. b. Sustainable Environmental Grant, The Sustainable Environmental Fund is not proposed to be available in 2010. Payment upon Receipt of Annual Report for Grant Year 2009. Contingent upon receipt of the Annual Report (by February 15, 2010) and approval by the County of the Municipality's Annual Report for the funding year 2009, the County will pay the Municipality the funding amount set forth at paragraph 4.a. above. Payment will be made in one installment on February 28, 2010, or within 30 days of this fully signed Amendment to the 1992 Joint Powers Agreement, whichever occurs later. d. Annual Report for the Grant Year 2010. By February 15, 2011, the Municipality shall submit its Annual Report for the year 2010, on 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 previously amended and as amended 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. Approved by Dakota County COUNTY OF DAKOTA Board Resolution No.09 -429 Approved as to form: By a ev�.d fay 4-010 Lynn Thompson, Director A sistant toudty torney /Date Physical Development Division K -09- 225.011 Date of Signature CITY OF ROSEMOUNT (I represent and certify that I am authorized by the Municipality to execute this agreement and legally bind the Municipality) By Signature (Print name) (Print title) . ' ' . Date of Signature Attest Date of Signature 3