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HomeMy WebLinkAbout4.d. Ratify Recycling Joint Powers Agreement with County f . � � � i - ; � � `— City of Ra►semount � ; Resa�lution 1989� � A Resolution ApprQving the � ; "Communi#y Abaterr�ent Funding Program" i -Jc�int Pow�rs Agreement ; WHEREAS, the Caunty of Dakota has �ppraved the City of � Rosemount's agptieation for funding under the County's Commanity ? Abatemeat Funding Pragram Gt�idelines. i NOW THERE�p&E BE IT RESOLYED, the City Council o€ tbe City { af Rosemaunt hereby approves the "Commvnity Abatement Funding J Pragram Joint Powers Agreement, between the City of Rosemount ; and the County af Dakota, and authorizes the necessary signatares i thereon. i Adopted t6ris 17th day af Jsanary, i989. �: � � , � i Rollan Hake, M�yor i ATTEST: ! ; i Stephan Jilk, AdministratorlClerk . ? , ; 1 � ( � �, �� � i � i i JOINT POK£RS AGREEMEf�T This Agreement is between Oakota County (hereinafter "GounLy") and the City ef Rosemount (hereinafter "�lunicipality"), throagh their Board and Council, respective}y. W1�ER�AS, on July 2G, 1988, after a publ ic hearing t,liereon, the Dakota County Board of Co�r►issioners adapted its County Recyciing Poticies and Gomnunity Abatement Funding Program Guidelines �Resolution No. 88�650 and Resolution No. 88-65I); and WHEREAS, the County Recycling Policies include a requirement that a11 cities and townships within the Caunty participate in recycling activities; ��,a NNEREAS, the County desires to provide a portion of tlae costs incurred by cities and townships to implement and aperate local comprehensive landfitl abatement programs; and 1�lFiEREAS, tMe Municipality intends to implement and ap�rate a iocal comprehensive landfill abatement program wlthin its �urisdiction and desirses to rece:ive such County funding support as may be available; and 1�'NEREAS, any locai governmentai unit may act tQgetMer with any county under a �oint powers agreement to accompiish landfill abatement �rswant to Minn. Stat. 473.811, subd. 7; and klt�EREAS, the Dakota County �oard af Comrnissianers has al�crcated funds expected to be received from surcharge collections pur�suant to Minn, Stat. 115A.914. h4W, THEREFORE, tfie County and tt� Munficipatity agree to this Joint Powers Agreement pursuant to Minn. Stat. 4�I.59 an�i �73.81i, sut�d. �, a�s fol�ows; 1. Pur ose, The purpose of thjs Rgreement is to prvvide fvr cooperation �etween ttie County and the Municipatity ta implement a 1uca1 camprehensive land€itl abatement program. 2. Term, TMe term of this Ar�reement is fr�in Ja��uary i, �989 thrvug)t December 31, 1991, unl ess termi nated earl i er pursuant ta Paragraph 18. 3. Program. The Municipality shall impiement a lacal com�rehensive lan�ifill abatement program designect to meet or exceed t}�e following recyclin� rates: Page 1 of 7 � 1984 1990 1 g91 Residential Recyclin9 9� 12� 14� � The t�unicipality shal] implement the activities substantiatly as set forth in and as approved by the County in Exhibit �A. The Dakota County Physical Deveiopment Director or his designee shall have the authority to apprvve modificatians to Exhibit � as requested by the Municipaltty, as ls�ng as the amaunt payable under this Agreement does not exceed �69,8I4,a0 tn 1989, and so long as the proposed modificatians are consistent with the County's funding guidelines. 4. Payment Schedule and Annual Report. 1989. .____r__ , The County wi11 pay the Municipatity the grant amount speciF3ed in paragraph 3 in four (4) equai installments, upon County receipt and approval of progress rsports, as fottows: februarY i, 1989 t�lay 1, 1989 August 1, I989 November 1, 1989. Progress reports sha11 be submitted in the forin preseribed by the County. By January 30, 1990 the Municipality shall submit its 1989 Annual Repa►rt in the farm prescribed by the County. The County shall evaluate the Municipality's 19II9 performance pursuant to this tlgreement. The fotlawing evaluation formuta shatl be utilized; � full operation of targeted cor�nunity prvgram 50 points designed by the County or other County- approved plan by January 1, 1990 achievement of 9� residential 40 points recycling rate {4.4 points per l�j cvmpletion of carr�ercial/industriat IO po3nts recycting objectives in Exhibit A. The Municipality will reimburse the County the follo�ing percentages o� funds paid pursuant tp Faragraph 4 based on the follawing evaivatian scores: 0-5Q points 50� 51-15 points 25� 76-90 poir�ts 109� 9I-100 points 0� Page 2 of 7 � ! � If the Municipality receives funding pursuant to ti�is Agreement in 1940, sueta , reimt�ursement sha11 be deducted from the 199fl payments by the County to the Municipality. If �he Munic9pality does not rec�ive such funding in 199fl, sucl� reimt�ursement shail be �narde by February 28, 199U. � Monies received under Lhis Agreement or assets acquired arith funds provided under this Agreernent which are not used for or do not continue in use fior a Caunty-approved landflll abatement pro3ect shall be repaid or returned to the County. 5. PaNnent Schedule and Annual Reports: 1990 and I991. The County aill pay the Municipality fin 1990 an� in 1991 accarding to such policies as may be advpted by the Caunty for such years, The County agrees ta adopt its poli�ies ay July 1 of the preceding year and to execute such amendments to this Agreement as are necessary to implement such policies. Progress reports and Annuai Reparts for 1990 and 1991 shall be sutxnitted at the times and in the form prescribed by the County. 6. Eiigibility. Only those activities which are fincluded within an approved iipplication for Funding, attached hereto as Exhibit A, shall be eligfibie for fand3ng under this Agreement. Activities included within Exhibit A, to the extent reimbursed by a source other than as pravided for in this �lgreement, are not elig�ble for reimbursement under this Agreement. Any revenues reeeived hy tt�e t�unicipa]ity from activities re��ntwrsed pursuant to this flgre�ment shall be apptied to the costs of such activities. The Municipa� ity understands that the County's alivcation to the Municipal�ty under this Agreement for the years 1990 and 1�91 wilt be dependent upon availability to the County of surcharge colieetions pursuant to Minn'. Stat, 115A.919 and ather sources ava�lable for landfilt abatement aetivities. 7. Documentation. To receive funding from the Gounty pursuant to this Agreement, the Municipality shall: A. Reserve fundi ng al 1 ocati on for each cal endar year by submi tti ng to ' the County by Novemher 1, far 1989 and by October 1 for 199Q and 1991 an application, budget and support documentation as required bp the Caunty. The apPlicatian shali b� available from the pakota County Pianning and Program Management Qepartr�ent, The appiication Page 3 of 7 � ° � • � shall be accompanied by a cert�fied reso1utfan ar mintates froia the gaverning body of the Municipality requestirrg the funding ailocation and by documentatian which describes the municipal oFfice paper recycling program operated by the Municipality. B. Sut�nit as part of the Annual iteport documentation bf costs actually - incurred for activities included within Exhibit A and revenues received from sources other than the County in su��ort of such activities by danuary 30 of the year fflllow4ng the date the costs were incurred. Documentation shall be submitted in the format prescribed by the County. Oocumentation shall include an account�ng of the number of tons of each recyetable mater3al collected thraugh all souree separation recycling programs (comnercialjinclustrial and resident9al� within the Municipality, and an accounting of tl�e number of tons of recyclable material which has been marketed, together with a description of the methodology used for calcu1ation. Far composting programs, the documentation shall " i ncl ude ei ther a report of the actual number of tons of yar�dwaste d�livered to compost facilities vr, if actual t�ns are n�t available, an estimate of the number of cubic yards of yardwaste de]ivered ta composting facilities together with a metho+�Qtogy used far calcuTation. The Municipality agrees tQ furnish the Caunty with additiona� reports in the form and at the frequencies requ�ested by the County for fiinancial evaluatian and program management pwrpas�s. 8. Access to Records/Audits. A. The Coanty shall have fuli access to all records relating to the performanee of this Rgreement. . t�. The Municipality agrees to maintain records relating to the terms of this Agreement, and shall retain all such doccanentation for three years following the last date in wfiich payment was reeeived from the County under the terms of this Agreement or following the �ermination of this Agreement, whichever is iater. Such reeords shall be made available for audit or in�pection at an�r time upan request of the County or its autnorized representative. The Municipatity agrees to provide acceSs to the pro,�ect sixe(s�, if a�y, at reasanabie hours. The Municipallty shall maintain records • swfficient to show that all funds received under this itgreement were Page 4 of 7 ' . � expended for Landfill Abatement Purposes in accvrdance with P9inn. Stat. 115A.919 and this Agr�ement. The Munici�ality agrees to provide any information that is nat readily availat�le within a reasanable period of time. All expenses incurred by the examining authority shall remain a cost of such authority. 9. Property Distribution. Assets acquired in whole or in part with functs provide�i under tiiis Agreement shall be the property of the Munieipality. If tt�is 1lgreement is termin�ted pursuant to Paragraph 18 herein, assets aequired in who1e vr �n part with funds provided under this Agreement shall be ttie praperty of the h1unicipal ity so iong as sa�d assets are used by the Municipal i ty for tl�e purposes of landfill abateinent. 10. llcknowledc�ment of County Financial Assistance The t�lunicipality sl�all provide the following acknow1edgment 4n all promotional materials, reports and publicat�vns relating to the activities described in Exhibit A. This activity, program, pubtication funded in part by the Dakota County Board vf Carranissioners' Solid Waste Enterprise Fund. 11. llold Narmless, The Municipality and the County agree to indemnify and hold each other harmless from any claims, demands, actions or causes of action arising out of . any act or omission on the part of their respective co�nissioners, officers, : agents, servants or employees associated with activities pursued under the terms of this Agreement. 12. AssiqnmentlSubcontractinq. 7he Municipality shall be responsible fior the perfiormanee �f ail subcontracts and shall ensure that ail subcontractors perform fully th� terms of the sub�contract. Any agreement between the Municipality and any subcontractor shatl obligate the subcontractor to comply with the terms of this Agreement. 13. Compliance Wit,h Requirements of the Law The Municipality agrees to comply with all federal , state, and iocal laws or ordinances. and a11 appticabte rules, regulations, and standards establisMed by any agency of sueh governmental units, which are now ar hereafter promulgated insofar as they relate to the Municipality's activities under the provisions af this �4greement. Page 5 af 7 14. E_qual Emplovme pportunitv. • In all activities related tQ the terms of this Agreement, the Municipali�y agrees to camply with all federal, state and local iaws, ordinances, rules, regulations and executive arders pertaining to unlawful discrimination on accottnt of race, color, creed, religian, national ortgin, sex, roarital status, status with regard to public assistance, disabitity or age. 15. Severahilitv. The provisions of t1�is ligreement ar� severahle. tf ariy paragrapli, section, subdivision, sentence, clause or phrase af this i#grcement is fpr any reason held to be contrary ta 1aw, such decision sha11 not affect the remaining portions of this Agreement, 16. �ntire Agreement. It is understoad and agreed that the entire Agreement is c�ntained herein and that this Agreement supersedes all oral and written agreem�nts and negotiations between the parties relating to the sub3ect matter hereof, including the Joint Powers Agreement between th� parties dated February 9, 19aII, which is hereby terminated by agreement of the parties. 17. Amendments. Any amendments, alterations, variations, modifications. or waivers of this Agreement sha11 be valid only when they have been redueed to writing, duly signed by tMe parties. 18. Terminatian. The Gounty or the Municipatity may terminate xhis Agreement, wfth or without cause, by giving written notice to the County Administrator fQr the Coun.ty and Lo the Chairperson of the official gov�rning body of the Municipality, at least 30 days before Che effective date of termination, The Caunty and the Municipality also may terminate this Agreement by mutual written agreement. 19. Effect of Termination. Termination shall not discharge any liability, responsibility, or right created or incurred by the County or the Munieipality during the term of this Agreement. Each party to this Agreement sha11 be tiable for its awn acts to the extent provided for by 1aw. Page G of 7 , , . • � � IN WITNESS WtlEREOF, the parties h�reto have caused t}�is llgreem�nt tQ be duly executed. APproved a to form: COUNTY OF DAKOTA ��� Qy Assistant County Attorney/Date Steven G. Loed�ng, Ghair Roard of Co�issioners • Approved as to execution: Date of Signature Assistant County Attorney Date httest Norma Marsh, Auditor Approved by Dakata Caunty Oate of Signature Baard Resolution Pio. • This instr�nnent drafted by: KAS Dakota County Attorney's qffice Uakota County Government Center MUNICIP � 1560 West Highway 55 Hastings, MN 55033 ,-�''�^� Telephones (612 437-043 Date o gnatu e /- -t Attest '� c , ty er Date o ignature /-9:,j�',� Contracts/K-88-272 A-JPA Page 7 of 1 . nr�nc��M�t�r � . � � 1989 FUNDING /1t�fiLICATIQN CityfTownship; Ro�emount Date Submitted: lU/i7/8� Rddress: 2875 145th 5treet taest Program Period: lll/89 Rosemount, riN 55{?68 to X2l31Ia9 ContaCt Person: Dean R. Johnson F'ho�e: G12)423-4411 I . If this is a multi-carrmtunity �roject, piease list all participating cammun�ties and the lead comnunity or agency for the �roject, and attach a copy r�f the Jvint Pawers Agreement. No II . Please indicate whether you plan to take advantage of the County's early operatian incentive (program in fu3l operatian by 4t1/89) � Yes x tJo III• Please provide a brief overvi�w of i9a9 abatement activities; indicate whether these are a continuation of existing prvgrams or new programs: (If more space is needed use extra sheets.) The City• of Rosemount proposes a residential curbside collection program thraugh a eampetitive bid proceas. Because of the arbAn/rural makeup of the City, a tergetted coilection area of base bid area for weekly collection will consist of approximate2y IyUO existin� hovseholds� in the urban serufce areA. The City wil�. also include service, most Iikely in the form of on-site drop of€ COt1t81ri@i'gf to `approximateiy 300 multiple residentiai uniCs. Through the use of aiternate bids, the City wi11 determine a cost effective method of promoting recycling opportvnities to �n additional 6t?0 househarlds located in the rura2 service area. Anticipated options range from le�s freqnent curbside coll,ectian to scattered or centrai drop off "centers" for recyclables. The City anticipates acquiring and distribnting a single bin fo�r recycling use to aIl household�, except multiple family residences. At the present time the City is cantemplating the establishment of a Citq compost #acility, that would be available to residents for the separate dispvsal of yard waste, by August 1, 1989. Curbside coliection of yard �aaste �aithitt the urban service area may ba included as an alternate to the bid process. The City may also require thaC indiuidual rubbish haulers provide curbside cpllection af yard waste. Ttie City also int�nds to negotiate a contract for a commercialjindustri�l recyciing pragram. The particular� are unknown at the present Lime. This program wikl not be included in the RFP for the resideatial recyclin� pro�ram, � 1 -1 i � IV. Complete the following section for• all ap�licab}e �ctivities � whethe►• a continuation of existing activities or new activities in 1989: A. Curbside Collection of reeyclables. Yes x tdo . -.-._-_..,., (If more thaa one coltector, use a separate sheet; please provide the same information fvr eaci� collector. ) 1. /�ntieipated Start Up Date: 2/�f89 2. Idumber of households to t�e served: 2�(,op+ -- .._,______ 3. Frequency of collection: (circle one) (pRIrtA121'} week l�y= twice nronth ly montM ly other � � a=ass � � � 4. Containers to be used: Yes x Na 5. Number ofi containers per household: � 6. l�aterials collected (circte all that ap{�ly) : . news�aa�er mixed paper aluminum steel beverac�e cans asas a aaa saasesz:az � � . � � . . . ==ama�aesan�aa xm=�a� � �i�a�s plastics used ail other (specify) 7. Name of coilector: UNKNat�N Address: �. Cost of cotlection: $24,ppp _ �3p,400 �9. Dates of collection contract: 2f118s to r2/3118g ' 10. Anticipated participation ]evel : 4oZ initial, 70� finai � 11. Anticipated abatement in 1989: 300 tans per Calendar Year B. Drop off Centers for Recytlable Materials: Yes x No 1. For each drop-off center piease provide: a. Operator: Urtxrtowrt Address: Costs: per Start Up Date: RaystNours of Operatian: 1 -2 , . . • � t�laterials Collected: b. Operatar: Address: Costs: pet, Start Up Date: �ays/Haurs of Operation: t�laterials Col�ected: c. Operator: Address: Costs: per Start Up Oate: DayslNaurs of Operation: Materials Collected: d. Operator: �ddress: Costs: per Start Up Date: DayslNours of Operation: Materiais Gollezted: 3. Anticipated abatement from all drap-off centers in �989: UNKNOWN tOnS per 1-3 ! � C. Multi Family; tomplete this secti+�n onay if a separate E�rvgrafn 1. Describe the manner of coliection: On-site containers (carts or dumpsters); Frequency as needed 2. Total number of units serv�d: 300 3. t�lateria1s collected (Gircle all tliat appty) �"�����'�,�� mixed paper �1,�'11�1� ��,�,��������'���a ��� R 1 a s t i c s oi 1 otiaer 4. Costs: S45p �er rtonth 5. Anticipated abatement in 193�3: 2o tons per Calendar Year ---______, D. Yard Waste Co'lection 1. Antic�pated start up date {must be nv later than August 1, 1989} : 8/1/89 or earlier Z. Curbside: Yes iVv Taken "Ca: un�ommi,etect 3. Drop off: Yes No Lacation: Uncommitted Hou rs: l�on't Knny� 4. COS t: a�esl,. s9.000a.;.� ���� E. Describe the activities you wili undertake to promote and encourage cor�nercial/industrial recycling (App1e Va11ey, Burnsville, Eagan, Farmington, Nastir�gs, Inver Grove tleights, Lakeville, Mendata Neights, Rasemount, South St. Paul, West St, Paul �ust comple�e this seetionj The City intends ta negotiate a �eparate program far co�net�cialjindustrial/ institutiar�al recycling. It is envisioned that glass will be tar�etked at restaurants and Caverns; paper at offices ansi insCitution�; and p�per and special wastes at industrie�. , t -4 � . . . . . i � F. Uescribe public educa�ion/prornotional activities that will be undertakQn in 19a9: The Cxty intends to initiate the program with newspaper articles and flyexs. A descriptian of the progrem will. be ineluded With contair��ra when distributed. The Cfty will evauiet� the pas�i.bility af a r�ndnm givea�ay to participants� i.�., S1QOfmonth a�t aside in a random drawin,g for a �articipatin� household. Tti� Cfey is c�nt�m�latin;p, quart�rly , perticipstion/progres� r�ports kh�t wout�l !�� publisi�ed ac�ci/or meilecl te► households. � G. Uescribe your` City's in-hause recycl ing prograin (Ptust be vperational� by De�ember l, 1g88j. The City has had separate conLainers in-place in all municipal buildings for the separation and collection af high grade office paper, newspapec and pap cans since May, 1988. The Ci.ty also ir�itiated separate containers itt aIl public parks far trash and cans for the 2988 season. Both programs wi11 b,� extended into 1989. ��. Describe completely any other abaternent ��rogr•�ms fQr which you are rer�uesting funding (eg. operation of cc�m��ost site, spcc 'ral waste handlir�g, househoid bazardous waste collectionj. I�ciude projected abatement. No additional iunclin� requests are AtitilCl�?ACf!at Ut1�E�89 �CA[1t18A19 s�l�citecl in the bid process suggest a re-evaluation of the City's praposed 1989 abatement program. I -5 . ° - . � � • V. Work Plan Dakota County wi11 distribute anY ap{�roved funding in four eq«al payments, provide�i caranunities meet speci€ied dQvelapment objectives. Please provide a w�rk i�lan fior devetoping and/ar implementing the targeted carnnunity program or a camparable program in 1989. Please highlight the objcctives to be met by thc foitowiny dates: 0 1�larcl� 15 o June 15 o September 15 MARCH 15: t3ici process complete and curhside collection in operation. Initiai promotion and educetion compiete. Commercial/Industtial program in place. 10� �nnual abatemenC goal met. JUNE 15: Commitments for yard waste dispasal methocl known. 4fl2 annual abatem�nt goal met. SEPT. 15: Yard waste disposal method in place. 70� aiinuaT abatement �oal meC. DEC. 31: Progratn coneluded. 100� annuai abatement goal met. , 1�-6 ` . .. , VI. Budget � � JnN. 1 ,19 89 to Decernt��r 3I , i 9��� Program J�tnount Administrative Costs: . Salaries S 5,000 Consultant Fees ' Capital Casts (specify) : �,oao � � S 27,oao Residcntial 4peratians � t�laintenance: Cantracted Services' $ 27,OU0 • Labor - Container Distribution $ 2,OpQ Equipment Rentai Space Rental Utilities Postage $ 2,400 Printing 1 600 Other' Com�ost Facility .g;�g@ Co�anercial/Industrial Activities: IO,QOQ S 10,Q00 � Other Proqrams: Tota 1 : $ 7g�+gt3g°, • Antici ated R�venue: 3,p�, ���nun�ty a�� $ �,g Other Funding (specifyj Requested Funding * $ 69,814 from County: * Request may not exceed that amount shawn on the Piaximum Reirr�ursement Schedute. a-t-abate5 l -7 . . • � E't� E3t�k �1(1 ��i�� p 28i;S.idSTN S1 1V QS��V t�,� t� FiOSEMOtJNT. MlP1NE!�ClTA 5�itli<P �ri.��/�� Fa7—..413-�at� Decembcr 2, t988 Gaylc Prest Rccycling S�cei:iiist Qepartment of Plattning �tt Pro�ram M�t. 730U t�Vest ld7th Street, Suite 503 APPIe Valley, MN 5512�i Dcar Gaylc: This letEer is to confirm my eartier conversati�a wiih �,ynn Anderson and yovrseif regardin� the 1989 Landiilt Abatement Funding Apgiication. Ti�e City of Rosemount no longer intends to operat� a compost si�e in the Citv. Please revise the City's applicatian accordingly, 'rnrluding the costs assaciated �vith this eategory. Sincerely, �� Dean R. Johnson Director o[ Community Devedopment DRJlDQ �,�G5fi7 � �., � ,� y� ,��, � q��,��y��' � � o��'��'` �' �, ��� � � A�) � VG,A�> r`��,� J "�+L,G�2 � ' , . . .. . . � City of Rosemount _.. Resotut�on 19�8- �o.� A Resolution Au#hori�ing APplica�jon #o Dakota Coun#y for Funding tl3e City of Rasernoun# 1989 l.�andfill Abatement Program WtiEREAS, Dakata C�unty has cstal�lished (;ommuniiy 1_andfitt Abatement Pro�tram (iuicielines, which ineiucles a fencling aFl�c�iian and funding apptica�tinn; and WitEREAS, tMe City of Roscmpuni detires t� ettat+fish a i�ndfill abatement ptogram, which witl rramcste recycling e��ortunilies in the cammunity and encourage lancifili at�atement. NOtiV TifiEREFORE t3E IT RES{1t.Vf,l), 1hc Ci1y Cc�ttncii a� If�c ('iiv of Rosemvunt approves thc 1489 Lancifitl Ahatcment F�tndin� Aprlication, autho�izing lhe neeeSsary signatures therc�n �nd its clisCribution to l�akota Couniy. Adopted this 1$11i ciay c�f pctohcr, 19R4. . / _ � ATTEST: R�i11an Hoke, l��ayc�r � � a '�Ste�h Jilk, Aclmi ' r�itor/Glerk .