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HomeMy WebLinkAbout6.i. Joint Powers Agreement for Waste Abatement Community Funding 4ROSEN IOLIN TEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: April 1, 2008 AGENDA ITEM: Joint Powers Agreement for Waste AGENDA SECTION: Abatement Community Funding Consent PREPARED BY: Dan Schultz, Parks Recreation Director AGENDA NO. b i. ATTACHMENTS: Contract Amendment APPROVED BY: yj/ 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 Consider the sixteenth amendment to the 1992 Joint Powers Agreement QPA) between Dakota County and the City of Rosemount for waste abatement community funding in 2008. 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 $18,600 for this year's program. The City Council approved the original 2008 Application Form, which includes a breakdown of the program budget, at its meeting on November 20, 2007. 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. H:\WPDATA \COUNCIL \2008 \4 1 08 Joint Powers Agreement Waste abatement.doc Dakota County Contract #8285 SIXTEENTH AMENDMENT TO 1992 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2008 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Rosemount (Municipality). WHEREAS, the Dakota County Board of Commissioners has provided a performance -based funding system for waste abatement community programs since 1989; and WHEREAS, the Dakota County Board of Commissioners has provided funding for a portion of the costs incurred by County 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 Municipality entered into a Joint Powers Agreement (Agreement) in order to provide for cooperation and funding between the County and the Municipality to implement and operate a local comprehensive landfill abatement program; and WHEREAS, each year the County revises funding amounts to reflect changes in the number of housing and waste management priorities; and WHEREAS, waste abatement funds are divided into operation and education funds, recycling container funds, 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 allocations for County cities and the RSWC; and WHEREAS, fund allocations are used to promote the Regional /Dakota County Solid Waste Master Plan (Master Plan) outcomes; and WHEREAS, fund allocations require community education and reduction, reuse, and recycling in government operations; and WHEREAS, the number of expected new housing units determines the recycling container fund amount for County cities and the RSWC; and WHEREAS, the LNIF provides funding for County cities or the RSWC to implement specific strategies that support Master Plan outcomes, as part of a County and community work plan; and WHEREAS, community funding amounts are approved by the County Board each year, as a part of the Environmental Management Department budget; and WHEREAS, the County Board approved 2008 funding as presented to the Physical Development Committee of the Whole on October 16, 2007, consistent with the 2008 funding levels approved by the County Board as part of the 2008 budget and subject to approval by the County Attorney's Office as to form; and .WHEREAS, the parties wish to amend the Agreement to provide funding for the year 2008 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: is 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 2008 Community Funding Guidelines and 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: Term. Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect from January 1, 2008, 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: 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 (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 2008 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. b. 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. c. Implementation of Abatement Activities. The Municipality shall implement the activities substantially as set forth in Exhibit 1. The. Dakota County Physical Development Director 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 2008 Community Funding Guidelines and Application. 4. Paragraph 4 of the Agreement shall be amended to read as follows: a. Funding Amount. The year 2008 funding for the Municipality shall be in the total amount not to exceed Eighteen Thousand Six Hundred and no /100 Dollars ($18,600.00), contingent upon available funds. Such funding must be expended by December 31, 2008. Any funding that is not expended by that date shall be returned to the County. The funding amount set forth in this 2 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 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 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 2008. c. Payment upon Receipt of Annual Report for Grant Year 2007. Contingent upon receipt (by February 15, 2008) and approval by the County of the Municipality's Annual Report for the grant year 2007, 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, 2008, 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 2008. By February 15, 2009, the Municipality shall submit its Annual Report for the year 2008, 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 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.07 -491 App ed as to for I By 1 V Gregory J. Konat, Director s istant unty Attorney /Date Physical Development Division K -)7- 305.018 Date of Signature CITY OF ROSEMOUNT (1 represent and certify that I am authorized by Municipality to execute this agreement and legally bind the Municipality) By Signature (print name) (print title) Date of Signature Attest (title) Date of Signature K07 -305 template 3